In presenting any application for approval as required by this Ordinance, the burden of proof shall rest with the applicant to provide the necessary evidence to clearly show that the proposal meets the minimum standards defined within this Ordinance.

All decisions made by the appropriate Boards, Committees, or Commissions shall be in writing and shall state the findings, recommendations, and reasons for approval or disapproval.

Aggrieved applicants of decisions regarding any matter of this Ordinance shall appeal to the appropriate Board or Commission of higher authority within ten (10) days of the decision.

1.

Any decisions made by the City of Cleveland Department of Community Development, Building Official, Code Enforcement Officer, or Plan Review Committee shall seek appeal through the Board of Appeals.

a.

Appeals to the Board of Appeals shall be discussed at the next meeting of the Board of Appeals, or within one (1) month after the date of the appeal. The appeal of a decision shall be filed in writing with the Department of Community Development. The staff shall transmit the information to the Board of Appeals including all papers constituting the record upon which the action appealed from was taken.

b.

When an appeal has been filed with the Board of Appeals, the Department of Community Development shall immediately notify the Chairman of the Board of Appeals, who shall fix a time for the holding of the meeting to hear such appeal and shall issue a call, if a regular meeting is not to be held within a reasonable time, and give public notice of such hearing, if required.

2.

Any decisions made by the Planning Commission, Heritage Commission, or Board of Appeals shall seek appeal through the Mayor and Board of Aldermen.

a.

Appeals to the Mayor and Board of Aldermen shall be discussed at the next meeting of the Board, or within one (1) month after the date of the appeal. The appeal of a decision shall be filed in writing with the Department of Community Development.

b.

When an appeal has been filed to the Board of Aldermen, the Mayor shall fix a time for the holding of the meeting to hear such appeal and shall issue a call, if a regular meeting is not to be held within a reasonable time, and give public notice of such hearing, if required.

3.

Any decisions made by the Mayor and Board of Aldermen shall seek appeal through any court of competent jurisdiction as provided by law.

No change of any nature shall be made to this Land Development Ordinance except in conformity with the procedures set forth in this Ordinance. Any unauthorized change by any person or persons shall be considered a violation and punishable under Article 3 of this Ordinance.

Article 6 and the Official Zoning Map shall not be amended except to correct an error in the text, to reflect changed or changing conditions in a particular area or in the municipality generally, to rezone an area or to extend the boundary of an existing zone, or to change the regulations and restrictions of existing zones.

Zoning changes can occur at the request of two main bodies: the City (Staff, Planning Commission, Board of Appeals, or Mayor and Board of Aldermen) and the citizens/property owners. Requested changes to the zoning map or zoning text by the City (Staff, Planning Commission, Board of Appeals, or Mayor and Board of Aldermen) are typically more general in nature. Requested zoning changes by the citizens/property owners of Cleveland are more personal in nature and involve specific pieces of property that the applicant either owns or has the option to buy. Individuals requesting specific changes shall follow a more detailed procedure for zoning amendments as described in Section 504.4 of this Article.

Depending on the type of amendment, zoning changes can either affect the zoning text or the zoning map or possibly both. Amendments or changes to the zoning text are typically done by the City to either update current regulations or correct past errors. These amendments are based on the overall well-being of the City as opposed to specific properties. Amendments to the zoning map are more commonly at the request of citizens/property owners who want different uses allowed on their property, but they are also made by the City to correct past errors and update and reflect development changes.

Zoning text amendments

The Mayor and Board of Aldermen may, from time to time, amend the zoning text of Article 6 in accordance with this Ordinance and the Mississippi code. All amendments are to be approved only as reasonably necessary to promote the purpose of this Ordinance and namely the promotion of the public health, safety or general welfare. Text amendments may be initiated by the Mayor and Board of Aldermen, Board of Appeals, Planning Commission, City staff, or citizens. Typically, text amendments are concerned with a specific section of the zoning article. Another common text change is when the entire Article 6 may be amended to update existing regulations and reflect proactive development standards for the future of the City.

Zoning map amendments or replacement

In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Mayor and Board of Aldermen, Board of Appeals, Planning Commission, or City staff may initiate revisions or replacement of the Official Zoning Map. The new Official Zoning Map may also correct drafting and other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending Article 6, or any subsequent amendment thereof. Citizens/property owners seeking a change in zoning on their personal piece of property may also initiate amendments to the Official Zoning Map. All proposed changes to the Official Zoning Map shall be reviewed by the Planning Commission. The Planning Commission shall make a recommendation to the Mayor and Board of Aldermen who may, by resolution, adopt a new Official Zoning Map which shall supersede the prior zoning map. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bear the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted Date by the City of Cleveland, Mississippi."

1.

All applications for amendments to Article 6 or the Official Zoning Map shall be filed with the Department of Community Development of the City of Cleveland.

2.

The application shall contain the following:

a.

The applicant's name, address, and interest in the application and the name, address, and interest of every person, firm, corporation or political subdivision represented by the applicant in the application.

b.

The description of the proposed amendment and the effects of the proposed change.

c.

A plat showing the land area which would be affected by the proposed amendment, the present zoning classification of the area and of all abutting properties, all private and public rights-of-way and easements bounding and intersecting the designated area and abutting properties.

d.

If applicable, the error in Article 6 or the Official Zoning Map that would be corrected by the proposed amendment.

e.

If considered necessary, the applicant may be required to furnish additional information of a pertinent and reasonable nature.

3.

Following receipt of an application for an amendment, the Planning Commission shall review the proposed amendment and make a recommendation to the Mayor and Board of Aldermen.

4.

Upon recommendation by the Planning Commission, the applicant shall deposit with the Department of Community Development the estimated costs for public notice procedures as described in Section 507 of this Article.

5.

The City Planning Commission shall forward a written summary of its recommendations concerning the application to the Governing Body of the Municipality, together with a copy of the application. Upon receipt of the application and the findings and recommendations of the Planning Commission, the Mayor and Board of Aldermen shall set a public hearing regarding the proposed amendment according to guidelines discussed in Section 507 of this Article.

6.

At least fifteen (15) days prior to the public hearing date, the City shall publish sufficient public notice of the upcoming meeting in an official newspaper and shall post sufficient notice on the property as described in Section 507 of this Article.

7.

At the set hearing date, the Mayor and Board of Aldermen shall review the proposed amendments and solicit any public comment from those present at the meeting. Upon review of the proposed amendment, the Mayor and Board of Aldermen may approve or reject the application.

8.

In case, however, of a protest against such change signed by the owners of twenty (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 one hundred sixty (160) feet therefrom or of those directly opposite thereto, extending one hundred sixty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fifths (⅗) of the members of the Mayor and Board of Aldermen who are not required by law or ethical considerations to recuse themselves.

9.

Any party aggrieved at the decision may appeal to any court of competent jurisdiction as provided by law.

1.

The amendment shall be examined and recommended by the City Planning Commission.

2.

Each zone, having the same classification and bearing the same symbol or designation on the Official Zoning Map, shall have the same regulations and restrictions. Proposed amendments shall not suggest differing regulations within one individual zoning district.

3.

Proposed amendments that suggest a less restrictive zoning classification for an area shall demonstrate a clear necessity in the area for the applied changes in regulations and uses.

4.

A smaller, single parcel of land may be of a single classification different from the neighboring properties if it serves as a buffer between two districts. As for example, a lot may be zoned neighborhood commercial where it serves as a buffer between a highway commercial district and a residential district.

A special exception is a use specifically designated in Article 6, that would not be appropriate for the location generally or without restriction throughout a given zoning district, but if controlled by number, area, location, or relation to the neighborhood, would in the opinion of the Board of Appeals or Mayor and Board of Aldermen promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare.

1.

All applications for special exceptions shall be filed with the Department of Community Development for the City of Cleveland.

2.

Special exception applications shall contain the following:

a.

The applicant's name and address and any other interested person, firm, corporation or political subdivision represented by the applicant in the application.

b.

A statement of need for this special exception, description of the neighboring conditions, and description of proposal which plans to blend the character and relationship between the special exception and the existing area.

c.

A plat showing the land area which would be affected by the special exception, the present zoning classification of all abutting properties, all private and public rights-of-way and easements bounding and intersecting the designated area and abutting properties.

d.

A draft site plan showing the proposed building location, circulation, landscaping, etc.

e.

If considered necessary, the applicant may be required to furnish additional information of a pertinent and reasonable nature.

3.

At the time of application, the applicant shall deposit, with the Department of Community Development, the estimated costs for public notice procedures as described in Section 507 of this Article.

4.

If the next scheduled Board of Appeals meeting is more than fifteen (15) days from the date of application, the Board of Appeals may then set the public hearing date for that meeting. If the next scheduled meeting is less than fifteen (15) days, the Board of Appeals shall set the public hearing for their following meeting.

5.

At least fifteen (15) days prior to the public hearing, the City shall publish sufficient public notice of the upcoming meeting in an official newspaper and shall post sufficient notice on the property as described in Section 507 of this Article.

6.

Upon receipt of application for the special exception from the Department of Community Development, the Board of Appeals shall review the proposed application and shall either approve or disapprove the request based upon criteria in Section 505.2.

7.

Any party aggrieved by the decision of the Board of Appeals may submit an appeal to the Mayor and Board of Aldermen.

1.

The proposed special exception shall not adversely affect the public interest.

2.

The Board of Appeals shall specifically comment and make findings regarding the following conditions:

a.

Vehicular and pedestrian circulation, including but not limited to parking and loading, within the site as well as how the proposed site plan will affect the adjacent properties in terms of circulation, traffic flow, safety, etc. as described in Article 8.

b.

Availability of existing utilities

c.

Landscaping, screening and buffering along the streetscape, around adjacent property lines, around specific interior areas, within parking lots, and at the foundation of buildings in regards to the appropriate requirements as described in Article 10.

d.

Proposed signage regarding the amount, type, location, size, and lighting source as described in Article 9.

e.

General compatibility with the character of surrounding properties and neighborhood.

3.

In the granting of any special exception, the Board of Appeals may prescribe appropriate conditions and safeguards. Non-compliance of such conditions and safeguards, when made a part of the approval terms under which the special exception is granted, shall void the special exception, shall be deemed a violation and shall be punishable under Article 3 of this Ordinance.

All special exceptions shall not be personal to the applicant but shall be transferable and shall run with the land unless other provisions are made in this Ordinance and until change occurs within the provisions of this Ordinance. However, the Board of Appeals may prescribe a time limit within 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.

Variances are modifications from the literal provisions of this Ordinance made by the Board of Appeals in cases where a literal enforcement would result in unnecessary hardship due to circumstances unique to the individual property or use for which the variance may be granted. For variances specific to Article 10, see Section 509.4 of this Article.

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, a variation from such strict application may be permitted 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, 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.

1.

All applications for variances shall be filed with the Department of Community Development.

2.

Variance applications shall contain the following:

a.

A written statement that describes the unique conditions of the site and circumstances which create an undue hardship that demonstrates these unique conditions were not created by the property owner, and that the variance approval will not grant special privilege to the individual property which all other lands do not have.

b.

Some form of visual description which portrays the undue hardship in graphic terms. This may be, but shall not be limited to, an aerial photograph, a plat or site plan, or regular photographs.

c.

If considered necessary, the applicant may be required to furnish additional information of a pertinent and reasonable nature.

3.

At the time of application, the applicant shall deposit, with the Department of Community Development the estimated costs for public notice procedures as described in Section 507 of this Article.

4.

If the next scheduled Board of Appeals meeting is more than fifteen (15) days from the date of application, the Board of Appeals may then set the public hearing date for the next meeting. If the next scheduled meeting is less than fifteen (15) days, the Board of Appeals shall set the public hearing for their following meeting.

5.

At least fifteen (15) days prior to the public hearing, the City shall publish sufficient public notice of the upcoming meeting in an official newspaper and shall post sufficient notice on the property as described in Section 507 of this Article.

6.

Upon receipt of application for the variance from the Department of Community Development, the Board of Appeals shall review the proposed application and shall either approve or disapprove the request based upon criteria in Section 506.2.

7.

Any party aggrieved by the decision of the Board of Appeals may submit an appeal to the Mayor and Board of Aldermen.

1.

Variances shall be approved by the Board of Appeals if the Board feels the proposal has the following hardships:

a.

Exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of the zoning regulations

b.

Exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property

c.

The location of trees

d.

The location of natural drainage courses, lakes or other desirable or attractive features

2.

The variance shall NOT significantly alter the character of or be detrimental to the neighborhood.

3.

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.

4.

In the granting of any variance, the Board of Appeals may prescribe appropriate conditions and safeguards. Non-compliance of such conditions and safeguards when made a part of the approval terms under which the special exception is granted, shall be deemed a violation and shall be punishable under Article 3 of this Ordinance.

Any alteration or deviation of this Ordinance requires public advertisement so that neighboring citizens are aware of the proposed changes and have the opportunity to comment. Public notice and public hearings are required for the following actions:

1.

Map amendments requested by an individual property owner or by the City.

2.

Zoning text amendments requested by an individual property owner or by the City.

3.

Special exceptions.

4.

Variances.

The Procedures shall be as follows:

1.

The Department of Community Development shall request at the appropriate time the appropriate fees from the applicant to cover the costs of public notices.

2.

When required, the appropriate governing body shall set a public hearing.

3.

Public notice of the meeting date, time, location, and purpose shall be published in an official paper or newspaper of general circulation in the City at least fifteen (15) days prior to the hearing.

4.

Additional public notice shall also be posted on the property involved which consists of one (1) sign at least three (3) by four (4) feet and is supported by center posts with the bottom of the sign at least four (4) feet above ground level. Letters shall be legible from the nearest street or of a size determined by the Board of Appeals.

a.

The sign shall include the following information:

i.

The present zoning classification of the property

ii.

The zoning classification, use, variance or other matter sought by the application

iii.

The date, time, and place of the public hearing

iv.

Any other appropriate information about the subject of the hearing

b.

Where more than one parcel or tract of land is involved in the proposed change or action, the sign shall be posted at a centrally located point, and in addition, at least one sign shall be posted on each block or each street involved in the proposed change.

c.

The signs shall read as follows:

REZONING NOTICE

NOTICE IS HEREBY GIVEN THAT APPLICATION HAS BEEN MADE TO CHANGE THE ZONING OF THIS PROPERTY FROM *___________ TO *___________. A PUBLIC HEARING WILL BE HELD BEFORE
______________________
(Board of Appeals or Governing Body of the Municipality),
AT _____ P.M. ON _______, AT THE CITY HALL, CLEVELAND, MISSISSIPPI, AT WHICH TIME AND PLACE ALL PERSONS WISHING TO BE HEARD REGARDING THE CHANGE IN ZONING SHOULD APPEAR.
DATE THIS ________ DAY OF ________.

______________________
(NAME OF APPLICANT)

* Zoning classification to be indicated by the word residential, commercial, or industrial, followed by the numerical and alphabetical definition.

SPECIAL EXCEPTION NOTICE

NOTICE IS HEREBY GIVEN THAT A SPECIAL EXCEPTION APPLICATION HAS BEEN FILED TO ALLOW THIS PROPERTY TO BE DEVELOPED ACCORDING TO THE FOLLOWING USE *___________. A PUBLIC HEARING WILL BE HELD BEFORE ______________________
(Board of Appeals or Governing Body of the Municipality)
AT ________ P.M. ON ________, AT THE CITY HALL, CLEVELAND, MISSISSIPPI, AT WHICH TIME AND PLACE ALL PERSONS WISHING TO BE HEARD REGARDING THE CHANGE IN USE SHOULD APPEAR.
DATE THIS ___________ DAY OF ___________.

______________________
(NAME OF APPLICANT)

* Type of use should be listed.

VARIANCE NOTICE

NOTICE IS HEREBY GIVEN THAT A VARIANCE APPLICATION HAS BEEN FILED REGARDING A *___________ ISSUE. A PUBLIC HEARING WILL BE HELD BEFORE ______________________
(Board of Appeals or Governing Body of the Municipality)
AT ________ P.M. ON ________, AT THE CITY HALL, CLEVELAND, MISSISSIPPI, AT WHICH TIME AND PLACE ALL PERSONS WISHING TO BE HEARD REGARDING THIS CHANGE SHOULD APPEAR.
DATE THIS ___________ DAY OF ___________.

______________________
(NAME OF APPLICANT)

* Type of variance should be listed, i.e. setback, height limitation, lot width, etc.

HISTORIC PRESERVATION NOTICE

NOTICE IS HEREBY GIVEN THAT AN APPLICATION HAS BEEN FILED REGARDING AN ALTERATION, RELOCATION, DEMOLITION, OR NEW CONSTRUCTION OF A BUILDING OR STRUCTURE ON THIS SITE. A PUBLIC HEARING WILL BE HELD BEFORE THE CLEVELAND HERITAGE COMMISSION AT ________ P.M. ON ________, AT THE CITY HALL, CLEVELAND, MISSISSIPPI, AT WHICH TIME AND PLACE ALL PERSONS WISHING TO BE HEARD REGARDING THIS CHANGE SHOULD APPEAR.
DATE THIS ___________ DAY OF ___________.

______________________
(NAME OF APPLICANT)

Before filing an application for preliminary subdivision approval, the sub-divider may submit plans and data to the Plan Review Committee. This step does not require formal application, fee, or filing of plat with the governing body. The purpose of this conference is to afford the sub-divider an opportunity to consult early and informally with the Plan Review Committee before preparation of the preliminary plat. The Plan Review Committee shall promptly inform the sub-divider that the plans and data as submitted or as modified meet the objectives of these regulations, and if they do not meet the objectives, the respects in which they do not.

On reaching conclusions, informally as recommended above, regarding the general program and objectives, the sub-divider shall prepare a preliminary subdivision plat together with improvement plans and other supplementary material, including an application and fees, for submission to the City Planning Commission and the Plan Review Committee.

Three (3) paper copies of the preliminary plat and two (2) copies of the supplementary material specified shall be submitted to the City Planning Commission for evaluation and recommendation. Also one (1) copy of the preliminary plat and supplementary material shall be submitted in an approved electronic format.

This data shall be submitted at least seven (7) days prior to the Planning Commission meeting at which they are to be considered.

It shall be the duty of the Plan Review Committee of the City of Cleveland to examine any proposed preliminary plat and supplemental documents or plans to determine if the same conforms to the existing streets; water mains and systems; electric light distributing system; fire protection; and health and sanitation facilities now afforded by the City of Cleveland. This is done so that each said subdivision plat or map may be so drawn and designed as to permit the extension of all such facilities in a reasonable manner, with a minimum of expense and a maximum of efficiency, provided the Governing Body of the City of Cleveland deems proper to do so. They are to make report to the Planning Commission and Governing Body promptly of findings.

Following a review of the preliminary plat and other material submitted for conformity to these regulations and negotiations with the sub-divider on changes deemed advisable and the kind and extent of improvements to be made in the proposed subdivision by the City Planning Commission and staff, the Commission shall make a recommendation regarding the proposed preliminary subdivision plat to the Mayor and Board of Aldermen. The Commission may recommend approval, and state any conditions of such approval, or if not recommended for approval, the Commission shall express its reasons for recommending denial for the proposed preliminary subdivision plat.

The action of the Planning Commission, and any conditions thereof, shall be noted on copies of the preliminary plat.

The preliminary plat shall next be considered for approval by the Mayor and Board of Aldermen. Approval of a preliminary plat shall not constitute approval of the final subdivision plat, but it shall be deemed an expression of approval to the layout submitted on the preliminary plat that shall be used as a guide to prepare the final plat. It also constitutes permission to make the proposed infrastructure improvements such as water, sewer, streets, etc., as shown on the preliminary plat and supplemental documents.

The preliminary plat shall be eighteen (18) inches by twenty-four (24) inches prepared at a scale sufficient to show required details. Where necessary, the preliminary plat may be on several sheets accompanied by an index sheet showing the entire subdivision. Data required as a basis for the preliminary and final plat shall include information about the existing conditions as follows:

a.

Boundary lines: Bearings and distances. Survey must close mathematically.

b.

All Easements: Location, width and purpose (for example: utility—-water, sewer, electric, gas, also drainage, ingress/egress).

c.

Streets on and adjacent to the tract: Name, right-of-way width and location; type, width, and elevation of surfacing; legally established centerline elevations; and walks, curbs, gutters, culverts, etc.

d.

Utilities on and adjacent to the tract: location, size, and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines; fire hydrants, electric and telephone poles, and street lights; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones, showing invert elevation of sewers.

e.

Ground elevations on the tract and within one hundred (100) feet of the tract boundary on adjacent property, based on Mean Gulf Datum: Show contours with a one-half (½) foot interval and spot elevation along canals or ditches and at any breaks in grade or changes in elevation not readily discernable from the contours. On slopes in excess of three (3) percent, contour lines may be shown at two (2) foot intervals.

f.

Other conditions on the tract: water courses, marshes, wooded areas, houses, barns, shacks, and other significant features. On all watercourses leaving the tract, the direction of flow shall be indicated; and for all watercourses entering the tract, the drainage area above the point of entry shall be noted.

g.

Location of any and all Special Flood Hazard Areas (SFHA's), or floodway, and base flood elevations (BFE).

h.

Other conditions on adjacent land (across the street is considered as adjacent): approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent un-platted land; for adjacent platted land, refer to subdivision plat by name, recordation book and page number and show approximate percentage build up, typical lot size, and dwelling type.

i.

The location of all major existing tree growth. Major tree growth shall be defined as trees greater than eight (8) inches in diameter at three (3) feet above the ground.

j.

Photographs, if required by the Governing Body and Planning Commission: camera locations, directions of views and key numbers.

k.

Zoning on and adjacent to the tract.

l.

Proposed public improvements: highways or other major improvements planned by public authorities for future construction on or near the tract.

m.

Vicinity map showing location of the tract in relation to the City of Cleveland.

n.

Title under which proposed subdivision is to be recorded, with names and addresses of owners, notation stating acreage, scale, north arrow, datum bench-marks, and date of survey.

Preliminary plat shall show all existing conditions required above and shall show all proposals including the following:

a.

Streets: names, right-of-way and roadway widths; approximate grades and gradients; similar data for alleys, if any.

b.

Other rights-of-way or easements: location, width and purpose.

c.

Location of utilities, it not shown on other exhibits, including location, invert elevation, and sizes of storm and sanitary sewers, location and size of sanitary service connections, location, bottom elevation, and cross section of any ditches or canals.

d.

Lot lines for all proposed lots, with dimensions, bearings and acreages, and block numbers.

e.

Lot numbers, with every lot being numbered in sequential order, even lots to be used for common space, open space, drainage or other use.

f.

Every lot shall be shown in its entirety on one sheet or another. Lots split across pages as the only portrayal of the lot are not acceptable.

g.

The proposed use of all land in the subdivision including any reserved areas and the acreages.

h.

Sites, if any, to be reserved or dedicated for parks, playgrounds, or other public use.

i.

Sites, if any, for multi-family dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single family dwellings.

j.

Minimum building and yard setback lines.

k.

Site data, including number of residential lots, typical lot size, and acres in parks, etc.

l.

Title, scale, north arrow, and date.

m.

Required or proposed landscape buffering (shown on the plan graphically and in cross section).

n.

A "phasing" map and schedule if the subdivision is proposed for development in multiple sections at different times.

o.

Other preliminary plans:

•

Profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision.

•

Typical cross sections of the proposed grading, roadway and sidewalks.

•

Preliminary plan of proposed sanitary, potable water, and storm water sewers with grades and sizes indicated.

•

Traffic studies or other specialize reports that are required because of the particular site or proposal.

p.

Draft of the protective covenants, whereby the sub-divider proposes to regulate land use in the subdivision and otherwise protect the proposed development. The sub-divider shall prepare a final version of protective covenants, in a form for recording, at the time of the final plat approval submission.

q.

A drainage plan showing the design of the storm sewer system and specifically the location and size of pipes and ditches, manholes and catch basins, culverts with headwalls and aprons for same, and bridges with plans for same approved by the City Engineer, contours of the project, street layout and lot pattern with lot numbers. The drainage plan will also show the invert elevations, grade and the drainage area contributory to each drainage pipe or channel, including off-site areas.

r.

A street lighting plan showing the locations of lights and distribution of light

s.

A landscaping plan showing the materials as required by screening and bufferyards in Article 10.

t.

Such other data, if any, as otherwise specified by the Governing Body, or as shall be required by statutes of the State of Mississippi for plats.

The final plat shall substantially conform to the preliminary plat as approved and may constitute only that portion of the approved preliminary plat which was proposed for recording and development as this phase.

An application for final subdivision approval, appropriate non-refundable fees, five (5) paper copies of the final plat and the final versions of other required documents shall be prepared as specified herein and shall be submitted to the Department of Community Development upon approval of the City Engineer for all constructed improvements. One (1) copy of the final plat and supplementary material shall be submitted in an approved electronic format.

This data shall be submitted at least seven (7) days prior to the Planning Commission meeting at which they are to be considered.

The Planning Commission shall review the final plat and other required documents and make a recommendation to the Mayor and Board of Aldermen. This review shall include reports from the staff and/or developer that the completed portion of infrastructure improvements of the subdivision as shown on the final plat, were constructed to the standards required by the City and conform to the preliminary plat. The recommendation from the Planning Commission shall then be forwarded to the Governing Body for consideration and potential approval.

Prior to the consideration of the final plat by the Governing Body, the sub-divider shall have prepared and submitted a certificate of title of the land shown on the final plat for subdivision to the City Attorney for approval.

The Mayor and Board of Aldermen shall consider the Planning Commission recommendation for the final plat and approve the recommendation, with or without conditions, deny the application, or remand it to the Planning Commission for additional review.

In the event the Governing Body should approve the proposed final plat of said subdivision, an endorsement shall be made by the Mayor, indicating such approval together with the date of the Governing Body's order. A copy of said final plat shall be filed with the Clerk of the City of Cleveland as well as with the Clerk of the Chancery Court of Bolivar County, after having been properly signed and acknowledged and otherwise bonded and provided with proper documentation.

The final plat shall be eighteen (18) inches by twenty-four (24) inches prepared at a scale sufficient to show required details. Where necessary, the final plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections as approved in the preliminary plat process. The final plat shall show the following:

a.

Primary control points, approved by the City Engineer or descriptions, and "Ties" to such control points to which all dimensions, angles, bearings, and similar data on the Plat shall be referred.

b.

Tract boundary lines, right-of-way lines of streets, easements and other rights of way, and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.

c.

Name and right-of-way width of each street or other right-of-way.

d.

Location, dimensions, and purpose of any easements.

e.

Number to identify each and every lot numbered consecutively and identical to numbering for Preliminary Plat; or with translation for numbering changes from Preliminary to Final Plat.

f.

Every lot shall be shown in its entirety on one sheet or another—-no lots split across pages as the only portrayal of the lot.

g.

Purpose of which sites, other than residential lots, are dedicated or reserved.

h.

The accurate outline of any portions of the property intended to be dedicated or granted for public use with a statement of dedication thereon.

i.

Minimum building and yard setback lines on all lots and other sites.

j.

Locations and description of boundary monuments.

k.

Location of any and all Special Flood Hazard Areas (SFHA's), or floodway, and base flood elevations (BFE).

l.

Reference to recorded subdivision plats of adjoining platted land by record name, book and page number.

m.

Certificate by surveyor or engineer certifying to accuracy of survey and plat.

n.

Certification of title showing that applicant is the land owner.

o.

Title, scale, north arrow, and date.

p.

Acknowledgement of the owner of owners of the plat, and restrictions including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of easements required.

q.

Anything else required by the statutes of Mississippi relating to Plats. In case of any conflict between these regulations and a statute of Mississippi, the statute shall control.

r.

A final version of any protective covenants in form for recording.

s.

Other data such as certificates, affidavits, or endorsements as may be required by the City in the enforcement of these regulations.

t.

A drainage plan showing the design of the storm sewer system and specifically the location and size of pipes and ditches, manholes and catch basins, culverts with headwalls and aprons for same, and bridges with plans for same approved by the City Engineer, contours of the project, street layout and lot pattern with lot numbers. The drainage plan will also show the invert elevations, grade and the drainage area contributory to each drainage pipe or channel, including off-site areas.

One (1) reproducible copy of all construction drawings modified to reflect the location, size, and material of all improvements "as built" during the construction phase shall be submitted to the City Engineer at the completion of improvements and before approval of the final plat. As-built drawings are required for all construction drawings including, but not limited to, the following improvements: water, sanitary sewer, storm drainage, other utilities, site grading, street layout, grading and drainage, and landscaping. One (1) electronic version of the "as-built" plans shall also be submitted.

A building permit shall not be issued for the construction of the following buildings, structures, or uses of land until a development plan has been submitted, reviewed, and approved in conformance with the requirements of this ordinance:

1.

All new construction, additions, change in exterior appearance, or exterior alteration, for either land, buildings, or buildings and land in combination for all categories of multi-family residential, commercial, and industrial construction in the Multi-family Residential (R-5), Manufactured Housing Residential (R-6), Neighborhood Commercial (B-1), Central Business (B-2), Historic Crosstie Central Business (B-2H), Highway Commercial (B-3), Light Industrial (M-1), Heavy Industrial (M-2), Government (X-1), and Planned Unit Development (PUD) Zoning Districts as well as non-residential special exception uses in zoning districts not listed here.

2.

The construction, re-construction, alteration, or expansion of a parking area for automobiles, trucks, trailers, recreational vehicles, mobile homes, manufactured homes or other vehicles, whether for customer parking, sales, or temporary or long-term storage.

3.

Fences, signs, and landscaping requirements for multi-family, commercial and industrial uses in the Multi-family Residential (R-5), and Manufactured Housing Residential (R-6), Neighborhood Commercial (B-1), Central Business (B-2), Historic Crosstie Central Business (B-2H), Highway Commercial (B-3), Light Industrial (M-1), Heavy Industrial (M-2), Government (X-1), and Planned Unit Development (PUD) Zoning Districts as well as non-residential special exception uses in zoning districts not listed here.

4.

Subdivision entrance signs and landscape plans for subdivisions or planned unit developments, including entrances, landscaped buffer areas, medians, and streetscaping.

The items listed below are exempt from the requirements of a development plan and the requirements of this Article and Article 10.

1.

Single-family residences and all accessory structures appurtenant thereto.

2.

Any permit necessary for the compliance with a lawful order of the Building Official, City Engineer, or Fire Inspector related to the immediate public health or safety.

3.

All permits for interior alterations, repairs, or renovations.

4.

All permits for demolition.

Pre-Application Conference: Prior to filing an application for development plan approval, the prospective applicant may request a pre-application conference with the Plan Review Committee to conduct a preliminary review and overall assessment of the proposal's compliance with the standards set forth in Article 10. One (1) copy of all required submittals must be provided in order for this review to be performed. After said pre-application conference, the developer may proceed to develop a complete development plan. In addition to the submittals required above, one (1) electronic version

Formal Application: An application for development plan approval shall be filed in the office of the Department of Community Development upon the forms provided. An application shall consist of one (1) complete set of paper drawings and one (1) electronic copy measuring not more than twenty-four (24) inches by thirty-six (36) inches, drawn to a scale as large as practical.

The filing of a proposed development plan for approval constitutes an agreement by the owner and applicant, their successors and assigns, that if the development plan is approved, permits issued for the improvement of the property, and the activities subsequent thereto, shall be in conformance with the approved development plan.

Conditions of Approval: An approved development plan authorizes only the arrangement and construction set forth in such approved plan and application. In approving a development plan application, the Plan Review Committee, may impose such reasonable conditions as deemed necessary to meet the spirit and intent of the standards. These conditions may include, but are not necessarily limited to:

1.

Performance standards;

2.

Height limitations;

3.

Minimum yard requirements;

4.

Off-Street parking and loading requirements;

5.

Sign regulations;

6.

Architectural elevations of any proposed structures or alterations to existing structures;

7.

Landscaping provisions;

8.

In those instances where those conditions deemed necessary involve minimum requirements or standards set by other Articles, such as Article 6 Zoning or Article 7 Subdivision, the conditions may be more restrictive than the minimum requirement or standard, but they may not be used as a substitute for a variance, or otherwise as a method of implementing standards that are less restrictive than those required by the applicable Article.

In the event that some additional approval is required by another governmental authority or agency (i.e., Mississippi Department of Transportation, County Health Department, City Planning Commission, etc.), approval of the development plan shall not become effective until written notice of that approval is received by the Plan Review Committee.

Upon submission and review of the formal application, development plan, and all other required materials by the Community Development Department, a report and recommendations shall be developed by the Plan Review Committee and submitted to the developer.

Approval Criteria: The Plan Review Committee shall approve the development plan if it finds that the plan meets the requirements of all applicable codes and ordinances.

Expiration: Development plan approval expires under the following conditions:

1.

If work on the project is not commenced within six (6) months following the date of development plan approval.

2.

If work on the project is idle for a continuous period of six (6) months after the date of development plan approval, unless an extension is applied for and approved by the Plan Review Committee.

Upon expiration, the Building Official shall file with the records of the Department of Community Development a certificate of noncompliance, and no building permit or occupancy certificate shall be issued until a new application for a development plan is approved.

Upon request of the applicant, and after good cause is shown, the Building Official may grant one (1) extension.

1.

An approved development plan may be amended upon written application to the Department of Community Development.

2.

The Plan Review Committee shall review the proposed modifications to certify that they comply with all applicable City standards and requirements, and determine if the proposed modifications do not alter the project's compliance with these standards.

3.

If, as a result of the proposed modification, the requested modification shall not be approved by the Plan Review Committee, the original approved development plan shall remain in effect.

4.

If the Plan Review Committee finds that the proposed modification complies with all of the City's standards and requirements, the Plan Review Committee shall approve the modification, and it shall supersede the original development plan approval.

5.

In the instance of a development plan approved through the Plan Review Committee, the proposed amendment shall be submitted to the Plan Review Committee for their review. In no instance shall any change be made in a development plan approved by the Plan Review Committee unless and until approval of the proposed change is secured from that Plan Review Committee.

6.

The approval of any requested modification shall not take effect, nor work proceed, until the applicant has submitted to the Department of Community Development a complete set of revised plans, incorporating all approved modifications, to replace the previously approved plans currently on file.

All plans, architectural drawings, renderings, photographs, reports, or other documents, materials, or visual aids either initially submitted as part of the formal application or presented at a later date shall become part of the permanent record of any decision and shall not be returned to the applicant.

The following information shall be included as part of the development plan submission:

Development Plan Existing Conditions:

1.

Scale, date, north arrow, title of the project, and a vicinity map reflecting the location of the proposed project.

2.

The boundaries, dimensions, and total gross acreage of the subject property.

3.

The relationship of the project to the surrounding road system, including the widths of right-of-way and pavement for all adjacent roads.

4.

The location and dimension of all existing man-made features, such as roads, utilities, and structures on both the petitioned site and adjacent properties, along with an indication as to which features on the petitioned site are to be removed.

5.

The location and dimensions of existing easements, watercourses, city or state drains, utilities, water and sewer lines, and other important physical features in and adjoining the project.

Development Plan Proposed Conditions:

1.

The "footprint", location, dimensions, and height of the proposed main and accessory buildings, their relation one to another and to any existing structures to remain on the site. The distance from all proposed buildings and structures to the adjacent property lines and to each building.

2.

The location of the one hundred (100) year floodplain, where applicable, and the existing or proposed lowest floor elevations of all structures and exterior mechanical equipment, and the lowest and highest adjacent grade.

3.

The internal circulation pattern for both vehicular and pedestrian traffic, including the location and dimensions of all existing and proposed streets, driveways, traffic aisles, and sidewalks, as well as the location, size, and number of parking spaces within off-street parking areas, as well as the identification and dimensions of service islands, service parking, and loading zones.

4.

Total building square footage under roof.

5.

Percentage of landscaping/open space areas and percentage of impervious surface areas to the total area of the site.

6.

Size, location, materials, and orientation of all signs.

7.

Location, height, and type of all exterior lighting.

8.

The names, addresses, telephone numbers, and fax numbers of the developer(s), the property owner(s), and the designer(s) of the plan.

9.

Proposal for sanitary sewer, storm sewer, water, natural gas, electrical, telephone, and cable services.

10.

Identification of additional roadway needs, including improvements necessary to adequately access and service the site. In reviewing such a proposal, the Plan Review Committee may require the preparation of a transportation impact study, at the applicant's expense, to identify the traffic impacts and problems which are likely to be generated by the proposal and to identify all improvements required to insure safe ingress and egress from the proposed development, elimination of hazards, and the maintenance of adequate street capacities.

11.

A complete survey of the property proposed for the development meeting the minimum requirements of the State Board of Registration for Professional Engineers and Land Surveyors.

Landscape and Lighting Plan:

1.

The location and delineation of existing trees eight (8) inches in diameter or larger, as measured three (3) feet above the ground, and information as to which trees will be removed.

2.

Location and dimensions of all landscape areas, common open space areas, and bufferyard areas, including the location, number, type and size of all landscaping materials, as well as any other proposed amenities.

3.

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

4.

Location, height, and type of all exterior lighting.

Architectural Elevations:

1.

Architectural drawings, drawn to scale showing all elevations of the proposed structures and other improvements as they will appear on completion of construction.

2.

If the exterior of an existing structure is to be changed, both the proposed and existing elevations of such structures shall be shown.

3.

If an addition to an existing structure is proposed, the elevation of the existing structure shall be shown together with those of the addition.

4.

The elevations shall also show all superstructures and equipment above the roof, projections from the wall of the structure, mechanical units, etc.

5.

A fully labeled and dimensioned floor plan for all structures.

6.

Exterior materials to be used shall be noted in terms of type, location, texture, and color.

7.

The location and type of screening for all mechanical units, utility services, and so forth.

Grading and Drainage Plan:

1.

Contours of the site with elevations of the pre-developed site and the proposed finished grades at one-half (½) foot intervals.

2.

Calculations of the storm water run-off and retention/detention needs based upon the Rational Method.

3.

Proposals for the management and retention/detention of storm water drainage if applicable.

Phasing Plan:

The proposed phasing of construction for the project, if applicable, including:

1.

The approximate date when construction of each phase of the project is anticipated.

2.

The order in which the phases of the project will be built.

3.

The minimum area and the approximate location of common open space and public improvements that will be required at each stage.

Property owners within the Crosstie Historic District shall obtain an approved certificate of appropriateness by the Heritage Commission before any exterior feature of the structure is altered, relocated, or demolished even if a building permit is not required. Any alteration, relocation, or demolition of a structure within the Crosstie Historic District without an approved certificate of appropriateness is a violation of this Ordinance and shall be punishable under Article 3 of this Ordinance. Building permits shall not be issued until the certificate of appropriateness is granted. A certificate of appropriateness is not required for work deemed to be ordinary maintenance or repair by the CLG Coordinator. The requirements of the Historic Preservation Ordinance, Historic Preservation Manual, and Cleveland Heritage Commission shall be observed when proposing exterior renovations or construction within the Crosstie Historic District.

In addition to following all other requirements of this Ordinance, all developments and projects within the Crosstie Historic District shall meet the following requirements and criteria. Where there is conflict specifically between Article 10 and any guidelines regarding historic preservation, the more strict guidelines and requirements shall apply.

1.

All applications for a certificate of appropriateness shall be filed with the Department of Community Development.

2.

The application shall consist of the following:

a.

A site plan or aerial photograph of the site showing all existing buildings, structures, drives, alleys, easements, setbacks, etc. in relation to the surrounding properties.

b.

The approximate location of mature landscaping. Mature trees shall measure at least eight (8) inches in diameter measured three (3) feet above the ground.

c.

Photographs showing the architectural, cultural, and historical significance of the site. The photographs shall correspond to a numbered site plan showing the location where and direction towards which the photographs were taken. Specific photos and numbered plan depicting area(s) which are proposed to be demolished.

d.

Any other information the Staff or Heritage Commission deems necessary in order to make an informed decision regarding the application.

e.

Regarding immediate demolition applications specifically, replacement or new construction plans shall be submitted simultaneously with the original application for review.

f.

Replacement plans shall include, but not be limited to, the proposed project concept, preliminary elevations and site plan, and completed working drawings for at least the foundation plan which will enable the applicant to receive a permit for foundation construction.

3.

Upon filing, Staff shall notify the Heritage Commission of the application.

4.

The Heritage Commission Chairman or Vice-Chairman shall then set a meeting time and date no later than one month after the filing of the application and inform the staff of the meeting. At this time, the Department of Community Development shall mail notice of the scheduled meeting to the applicant and all members of the Heritage Commission.

5.

At least five (5) days prior to the Heritage Commission meeting, the City shall post public notice on the property with details of the meeting time and place.

6.

Before the meeting, the applicant may request a preliminary conference with a member of the Heritage Commission or City Staff to review the proposed application and make any necessary adjustments that may be more consistent with the interests and standards of the Heritage Commission.

7.

The hearing shall consist of a presentation by the applicant and any other relevant information presented by the City or the Heritage Commission. The Heritage Commission may recommend changes or modifications to the proposed application before a decision is made. The Heritage Commission may also make changes or modifications as conditions of approval at that meeting.

8.

Within no more than twenty-one (21) days of the public hearing, the Heritage Commission shall make a decision regarding the application either approving, denying, or deferring. There shall be a two-thirds majority to approve a certificate of appropriateness.

9.

Approval by the Heritage Commission shall result in an issued certificate of appropriateness for the proposed work listed in the application. This certificate shall not take the place of any other permits required by the City.

10.

Following approval of a certificate of appropriateness, the applicant may request the appropriate permits from the City. If the approved application regarded demolition and new construction, the applicant shall be permitted to receive a demolition permit in conjunction with a construction permit. These permits serve as financial proof of the applicant's ability to complete the project. However, these permits shall not be issued until the applicant has sought approval for all plans under all appropriate Boards, Commissions, and Departments as required by the City.

The following criteria shall be used in reviewing an application for certificate of appropriateness:

General

a.

Existing style of and proposed alteration of the architectural design of existing building, structure, or appurtenance

b.

Historical significance of the building or structure

c.

General appearance and condition of the building or structure

d.

Materials composing the building or structure

e.

Size of the building or structure

f.

The relationship of these general factors relating to the building or structure in question to its immediate surroundings and the entire district as well as the effects the proposed changes will have on the architectural and historical character and integrity of the Crosstie District.

New Construction

g.

Prior to new construction within the Crosstie District, steps shall be taken to evaluate the possible locations of archaeological resources as described in the Mississippi Antiquities Act.

h.

The following aspects of new construction, but not limited to, shall be visually compatible with the surrounding character of the Crosstie District:

i.

Height;

ii.

Gross volume;

iii.

Proportion between width and height of the façade;

iv.

Proportion and relationship between doors and windows;

v.

Rhythm of solids to voids as created by openings in the façade;

vi.

Materials, colors, textures, patterns, and trims;

vii.

Design of the Roof;

i.

Existing rhythm created by existing building masses and spaces between them shall be preserved.

j.

The landscape plan shall be compatible with the site and its surroundings. Proposed landscaping shall not be detrimental to features of historic significance.

k.

No specific architectural style shall be required.

Exterior Alteration

l.

All exterior alterations to a building, structure, object, site, or landscape feature shall be compatible with the historic resource itself. The original design of a building, structure, object, site, or landscape feature shall be considered when making exterior alterations.

m.

Exterior alterations shall not affect the architectural character or historic quality of a landmark and shall not destroy the significance of landmark sites.

Demolition

n.

Consider the individual architectural, cultural, and historical significance of the resource in question

o.

Consider the importance of the resource in question to the overall character of the historic district

p.

Consider the importance and contribution of the resource in question to the neighboring property values

q.

Consider the difficulty or impossibility of reproducing a similar resource because of its architectural, cultural, and historical significance

If the property owner feels the requirements of this Ordinance within the Crosstie Historic District creates an unreasonable economic hardship to him personally, the owner shall present sufficient evidence proving that as a result of this Ordinance or an action by the Heritage Commission he is unable to obtain a reasonable return or beneficial use.

Property owners claiming unreasonable economic hardship shall submit the following to the Department of Community Development:

1.

Date the property was acquired by the current owner.

2.

Price paid for the property and the relationship between the buyer and seller

3.

Mortgage history of the property, including current mortgage

4.

Current market value of property

5.

Equity in current use and in alternative uses

6.

Past and current income and expense statements for a two-year period

7.

Past capital expenditures during ownership of current owner

8.

Appraisals of the property obtained with the previous two-years

9.

Income and property tax factors affecting the property

10.

Any additional information deemed relevant by the Heritage Commission.

11.

Any other studies or economic analyses from other city agencies or private organizations deemed relevant by the Heritage Commission.

Should the Heritage Commission determine that the owner's present return is not reasonable, they must consider whether there are other uses currently allowed that would provide a reasonable return and whether such a return could be obtained through investment in the property for rehabilitation purposes.

Should the applicant satisfy the Heritage Commission that he will suffer an unreasonable economic hardship if a certificate of appropriateness is not approved, the certificate of appropriateness shall be approved.