2.1.1

Duties of Zoning Administrator:

The Zoning Administrator shall administer and enforce this ordinance. In carrying out his duties under this ordinance, the Zoning Administrator or his designee shall:

A.

Receive all applications for building permits, certificates of zoning compliance, amendments, planning approvals, special plans, conditional uses, variances, review and approve such applications or refer them to the Planning Commission as required herein, and make necessary certifications and issue the necessary certificates and approvals.

B.

Coordinate meetings of the Development Review Committee (DRC) for the purpose of reviewing applications required by this ordinance.

C.

Maintain the official zoning map showing the current classification of all land.

D.

Maintain records of all actions taken under this ordinance.

E.

Represent the municipality on all public hearings before the planning commission or mayor and the city council and present facts and information to assist the commission and city council in reaching a decision consistent with this ordinance.

F.

Propose and recommend the enactment of such amendments to this ordinance, including the zoning map, as are made necessary or desirable because of changing conditions or because of judicial or administrative proceedings or for the purpose of improving administration and enforcement, all in accordance with the amendment procedure set forth herein.

G.

Receive and examine all applications required under the terms of this Ordinance.

H.

Issue or refuse permits within fifteen (15) days of the receipt of the application, except as specifically provided for in this Ordinance.

I.

Receive complaints of violation of this Ordinance.

J.

Issue a written notice of violation to any person violating any provision of this Ordinance.

K.

Establish the schedule for receiving and processing applications for Conditional Use Permits, Rezoning of Property, Text Amendments to the Ordinance, Appeals from the Planning Commission, Administrative Appeal, Variances and other reviews or processes required by this ordinance.

L.

Keep records of applications, permits, and certificates issued, variances granted, complaints received, inspections made, reports rendered, and notice of orders issued; and make all required inspections and perform all other duties as called for in this Ordinance.

M.

The Zoning Administrator shall not have the power to permit any construction, use or change of use which does not conform to this Ordinance.

2.1.2

Development Review Committee.

There shall be a Development Review Committee established for the purpose of informally reviewing plans and applications for proposed developments within the City. The purpose of such review shall be to determine whether or not a proposed development conforms to the ordinances in force within the City of Diamondhead, and to determine what impact, if any, a proposed development will have upon the public services delivered within the City. Any findings of the DRC shall be reported to the reviewing authority (Planning Commission or City Council).

The Zoning Administrator shall be responsible for coordinating the DRC meetings and such meetings shall be informal and scheduled so as to best accommodate the schedule of DRC participants. DRC meetings shall be held in sufficient time for its findings to be considered by the reviewing authority prior to action, and such meetings shall be subject to the open meeting laws of this State.

The DRC shall consist of the Zoning Administrator and a representative from each of the following departments or agencies: City Council appointment, Planning Commission appointment, Flood Plain Administrator, Building Official/Inspector, Police Department, Fire District, Public Works Department, Water and Sewer District, the Diamondhead Property Owners Association, and any other agency which, in the opinion of the Zoning Administrator, would be impacted by a proposed development.

2.1.3

Permits, Certificates, and Licenses.

No building or other permit, certificate or other document of approval or license, the use of which may be subject to the provisions of this ordinance, shall be issued by any department, agency, or board of the municipality until the Zoning Administrator shall have certified that the use to be made of the permit, certificate or other document or license, is in compliance with the provisions of this ordinance.

A.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the Zoning Administrator.

B.

No building permit shall be issued by the Zoning Administrator except in conformity with the provisions of this ordinance unless he receives a written order from the Planning Commission or approved by the City Council, in the form of an administrative review, conditional use, or variance as approved by this ordinance.

C.

All permits issued by the Zoning Administrator shall be in compliance with Section 2.2.

2.1.4

Enforcement, Violations, and Penalties.

The Zoning Administrator shall enforce this ordinance. He may be provided the assistance of such other persons as the mayor and city council or city manager may direct.

A.

If the Zoning Administrator finds that any of the provisions of this ordinance are being violated he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of use and/or construction or demolition of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

B.

Violations of the provisions of this ordinance or failure to comply with any of its requirements (including violation of conditions and safeguards established in connection with grants of variances, conditional use, or planning approval) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be punished as provided by law. The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and suffer the penalties herein provided.

C.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to remedy any violation.

2.1.5

Schedule of Fees, Charges, and Expenses.

The mayor and the city council shall establish a schedule of fees, charges, and expenses and a collections procedure for building permits; certificates of zoning compliance; appeals; applications for amendments; approval of special plans, planning approvals, conditional uses and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the Zoning Administrator and may be altered or amended by the mayor and city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

2.2.1

Development Permit.

A.

Scope.

No person shall construct any improvements, including any site work involving clearing, grading, filling, dredging, excavating or alike, nor alter the use of any land or structure, until the Zoning Administrator issues a Development Permit for improvements, site work, or construction. No Development Permit is required for normal maintenance and repairs. A development permit shall be required for the alteration of land as described in Article 14 of this ordinance.

B.

Types of Uses.

i.

Permitted Use. A Development Permit for a Permitted Use may be issued by the Zoning Administrator.

ii.

Conditional Use, Planning Commission Review, Variance. A Development Permit for a use requiring a Conditional Use, Planning Commission Review or Variance shall be issued by the Zoning Administrator only upon the order of the appropriate body having final review.

C.

Application.

i.

All applications for a Development Permit shall be in writing on a form provided by the Zoning Administrator and shall be submitted to the Zoning Administrator.

ii.

All applications for a Development Permit shall include a plot plan drawn to scale showing the location and dimensions of the lot area and of the proposed uses of buildings and/or land. The Zoning Administrator may require any additional information which is deemed necessary to properly evaluate the application for the purposes of determining its conformity with this Ordinance.

iii.

Prior to the issuance of any Development Permit, the Zoning Administrator shall review the application for such permit to determine if all other necessary governmental permits have been obtained. No permit shall be issued until this determination has been made.

iv.

The Zoning Administrator may submit a copy of any plan and application to any appropriate agencies and/or individuals (e.g., Planning Commission, City Engineer, DRC, etc.) for review and comment.

D.

Issuance.

i.

The Zoning Administrator shall issue or refuse an application for a Development Permit within fifteen (15) days after the date such application was made, except as specifically provided for in this Ordinance.

ii.

A Development Permit shall be issued in at least triplicate.

iii.

One (1) copy shall be kept conspicuously on the premises.

iv.

No person shall perform building operations of any kind unless a Development Permit is being displayed as required by this Ordinance.

v.

After the issuance of a Development Permit by the Zoning Administrator, no changes of any kind shall be made to the application, permit, plans, specifications, or other documents submitted with the application without the written consent or approval of the Zoning Administrator.

2.2.2

Certificate of Zoning Compliance.

The purpose of a Certificate of Zoning Compliance is to ensure that all construction, development, land disturbance, land use or reuse, reconstruction or other efforts concerning the scope and intent of this ordinance are afforded a process whereby conformity with this ordinance is determined both before the project begins and following the completion of the project.

A.

It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this ordinance. No nonconforming structure or use shall be renewed, changed or extended until a certificate of zoning compliance shall have been issued by the Zoning Administrator as approved by the city council.

B.

No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.

C.

A temporary certificate of zoning compliance may be issued by the Zoning Administrator for a period not exceeding six (6) months during alterations for partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as well as protect the safety of the occupants and the public.

D.

Unless furnished with the application for a building permit, each application for a certificate of zoning compliance shall be accompanied by a site plan, in duplicate and drawn to scale, showing the locations and dimensions of existing and proposed structures with supporting open facilities, the ground area to be provided and continuously maintained for the proposed structure or structures. The application shall include such other information as lawfully may be required by the Zoning Administrator, including existing or proposed uses of the building and land, the number of dwelling units the building is designed to accommodate, and such other matters as may be necessary to determine conformance with the requirements of this ordinance. One copy of the plans shall be returned to the applicant by the Zoning Administrator after he shall have marked such plans either as approved or disapproved and attested so such approval or disapproval by his signature on such copy. One copy of the plans shall be retained by the Zoning Administrator.

2.2.3

Relation to Other Permits.

The requirements of Sections 2.2.1 or 2.2.2 shall not relieve one of the responsibility to secure any other permits as may be required by any other ordinance of the City of Diamondhead.

2.3.1

Establishment of Commission.

The City Council for the City of Diamondhead heretofore established a Planning Commission and promulgated rules therefor through the adoption and enactment of Ordinance No. 2012-003.

2.3.2

Additional Duties and Powers of Planning Commission.

In addition to the provisions of Ordinance No. 2012-003, the Planning Commission is hereby authorized and directed to discharge any duties as assigned to it through the provisions of this Zoning Ordinance.

2.4.1

Scope.

Before any permit is issued for any use designated in Article 4 as requiring Planning Commission Review, the procedures of this Section shall be followed in order to more effectively administer, enforce, and implement the purposes, intent, and requirements of this Ordinance. It is the intent of this section to afford the Planning Commission the right of review and approval over site plans for development of those uses designated in Article 4 as requiring Planning Commission Review.

2.4.2

Application Procedure.

Applications for Planning Commission Review shall be filed with the Zoning Administrator, and the application shall include all of the information set forth herein unless some items are determined by the Zoning Administrator to be unnecessary to conduct a meaningful review of the application. The Zoning Administrator may require additional information not listed below when said information is deemed necessary to conduct a meaningful review of the application. Within ten (10) days of the receipt of an application for Planning Commission Review, the Zoning Administrator shall transmit a full and complete copy of the application to the Planning Commission. An application for Planning Commission review shall contain the following:

A.

Name and address of the applicant.

B.

Address and legal description of the property.

C.

If the applicant is not the legal owner of the property, proof that the applicant has the authority to make the application (power of attorney).

D.

Payment of any fee established by the City.

E.

A graphic site plan, drawn to a scale of not less than one inch to fifty feet (1" = 50') and sufficiently dimensioned as required to show the following:

i.

The date, scale, north point, title, name of owner, and name of person(s) preparing the site plan.

ii.

A statement describing the proposed use.

iii.

The location, dimensions, and area of each lot, the locations, dimensions and height of proposed buildings, structures, streets and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.

iv.

The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, utility or service areas, fencing and screening, and lighting.

v.

The location, dimensions (numbers shown), and arrangements of all open spaces and yards, landscaping, fences, and buffer yards including methods and materials to be employed for screening as required in Section 5.4.4.

vi.

The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas.

vii.

The dimensions (numbers shown), location, and methods of illumination for signs and exterior lighting.

viii.

The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.

ix.

Provisions to be made for treatment and disposal of sewage and industrial wastes and water supply.

x.

The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.

xi.

A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, odor, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards, along with a description of methods to be employed in controlling said effects of the operations.

xii.

All proposed site grading and drainage provisions and proposals including contour data at a contour interval sufficient to indicate the topography of the site, but in no case to exceed a two-foot (2') interval.

xiii.

Location of existing tree growth shall be shown on a tree survey. Tree growth shall be considered as a plant having at least one well defined trunk of at least six (6) inches caliper measured at five feet above adjacent grade.

xiv.

A key map showing the entire project and its relation to surrounding properties and existing buildings thereon.

xv.

Location of any flood hazard areas set forth on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency.

xvi.

Floor plans showing proposed structural uses.

xvii.

Photographs, artist renderings, or other visual documents that will assist the City in establishing compatibility.

xviii

A description of exterior building materials and colors proposed to be utilized on the project.

xix.

Road improvements, traffic control, and signalization necessary to properly service the development.

xx.

Expected infrastructure improvements such as water, natural gas, electricity, drainage, and sanitary sewerage collection to include location of improvements, size of pipes, etc.

F.

The City of Diamondhead may require additional information before granting a permit for developments requiring Planning Commission review. The information may include, but is not limited to, the following:

i.

Evidence of site control for all lands necessary for the full and complete implementation of the development plan.

ii.

Landscape buffer areas of sufficient length and width as necessary to protect adjoining uses from any adverse impact from noise, traffic, lights, etc., or to protect any adjoining use of right, including for fire safety, or maintenance operations.

iii.

Stormwater retention and drainage plans.

iv.

Permit and approval from state and federal agencies for any development within designated flood hazard areas.

v.

Exterior lighting plans for buildings and parking lots and other similar lighting uses.

vi.

A study indicating and identifying the impact a proposed project will have on the transportation system servicing said project.

2.4.3

Planning Commission Approval.

At its next regular meeting following the receipt of an application for Planning Commission Review, but in any event within forty-five (45) days of receipt of such application by the Zoning Administrator, the Planning Commission shall approve or disapprove the application. The Zoning Administrator shall provide any reports, comments, or recommendations made during staff and DRC review regarding the subject site plan. Approval granted by the Planning Commission shall be final unless an aggrieved party properly files an appeal in accordance with Section 2.7 of this ordinance.

2.4.4

Review and Evaluation Criteria.

The Planning Commission shall review and evaluate applications using the following criteria:

A.

Conformance with applicable regulations and standards established by the Zoning Regulations.

B.

Compatibility with existing or permitted uses on abutting sites or within 100 feet of the proposed development, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, access and circulation features.

C.

Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may occur.

D.

Modifications to the site plan which would result in increased compatibility, would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulations and standards.

2.4.5

Modification of Plan.

The Zoning Administrator or Planning Commission may require modification of a site plan as a prerequisite for approval. Such modifications may include, but shall not be limited to, provision for special setbacks, open spaces, buffers, fences, walls, and screening; for installation and maintenance of landscaping and erosion control measures; improvements of access and circulation; rearrangements of structures or activities within the site; location and character of signs; modification of the nature of operations of activities proposed on the site; and such other site plan features as necessary to ensure compatibility with surrounding uses and to support the findings required by Section 2.4.6.

2.4.6

Findings.

The Planning Commission shall make the following findings before approval of a site plan:

A.

That the proposed use and site development, together with any modifications applicable thereto, will be compatible with any existing or permitted uses on abutting sites or within 100 feet of the proposed development.

B.

That any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable impacts on adjacent uses.

2.4.7

Site Design Guidelines.

The following guidelines are divided into seven (7) categories to assist the applicant in the preparation of site and building plans and to assist the Planning Commission and the Zoning Administrator in their reviews of all site plans. These guidelines are intended to encourage creativity, innovation, and well-designed developments. They apply to principal buildings and structures and to all accessory buildings, structures, signs and other site features.

A.

Relation of Proposed Buildings to the Surrounding Environment.

Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed buildings.

B.

Drive, Parking, and Circulation.

For vehicular and pedestrian circulation (including walkways, interior drives, and parking) give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of and access to the proposed buildings and structures and to the neighboring properties.

C.

Surface Water Drainage.

Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and efficiently carry away all stormwater from all roofs, canopies, and paved areas. Collect surface water from all paved areas to permit vehicular and pedestrian movement.

D.

Utility Service.

Place electric and telephone lines underground, where possible. Locate, paint, and undertake any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties.

E.

Advertising Features.

Ensure that the size, location, lighting, and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and the neighboring properties.

F.

Special Features.

Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck-loading areas, utility buildings, and structures, and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.

G.

Preservation of Landscape.

Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas.

2.4.8

Renewal or Lapse of Approval.

A.

A site plan as approved hereunder shall lapse and shall become void one (1) year following the date on which such approval became effective, unless prior to expiration a building permit is issued and construction is commenced and diligently pursued toward completion, or a certificate of occupancy or certificate of zoning compliance is issued for the use.

B.

A site plan approval subject to lapse may be renewed by the Planning Commission for an additional period of one (1) year, provided that prior to the expiration date, a written request for renewal is filed with the Zoning Administrator.

2.4.9

Special Administrative Approval for Certain Uses.

See Section 4.22 for procedures and conditions pertaining to special administrative approval for certain uses requiring Planning Commission Review.

2.5.1

Title and Purpose.

Sections 2.5.1 through Sections 2.5.11 shall be known as the Conditional Use Procedure. The purpose of this procedure is to provide for review and discretionary approval of uses typically having unusual site development features or unique operating characteristics requiring special consideration so that they may be located, designed, and operated compatibly with uses on surrounding properties. The Conditional Use Procedure process is intended to encourage broad public review and to ensure adequate mitigation of potentially unfavorable impacts.

2.5.2

Jurisdiction.

The Zoning Administrator shall be responsible for administration of the Conditional Use procedure, and the Planning Commission shall be responsible for review, evaluation, and recommendation to the Mayor and City Council. Final action, approval and imposition of conditions shall lie with the Mayor and City Council.

2.5.3

Application and Fee.

Application for a Conditional Use Permit shall be filed with the Zoning Administrator and said application shall include the information set forth herein. Within ten (10) days of the receipt of an application for Conditional Use, the Zoning Administrator shall transmit a full and complete copy of the application and provide any reports, comments, or recommendations made during staff and DRC review regarding the subject application to the Planning Commission. An application for a Conditional Use Permit shall contain the following:

A.

Name and address of the owner and applicant.

B.

Address and legal description of the property.

C.

If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property.

D.

A statement describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application. For uses involving public assembly or industrial processing, or uses potentially generating high volumes of vehicular traffic, the Zoning Administrator may require specific information relative to the anticipated peak loads and peak use periods, relative to industrial processes and the ability of the use to meet performance standards, or substantiating the adequacy of proposed parking, loading, and circulation facilities.

E.

Site plans, preliminary building elevation, preliminary improvement plans, additional maps and drawings, all sufficiently dimensioned as required illustrating the following:

i.

The date, scale, north point, title, name of owner, and name of persons preparing the site plan.

ii.

The location and dimension of boundary lines, with distances and bearings, easements, and required yards and setbacks, water course drainage features and location and size of existing and proposed street and alleys, 100-year floodplains.

iii.

The location, height, bulk general appearance and intended use, existing and proposed buildings on the site, and the approximate location of existing buildings on abutting sites within 100 feet.

iv.

The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, landscaping areas, utility or service areas, fencing and screening, signs, and lighting.

v.

A narrative identifying the nature of the operation of proposed use, including, but not limited to, hours of operation, type of processes utilized (if any), type of products sold or services offered, etc.

vi.

The location of watercourses and drainage features.

vii.

The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements.

viii.

All proposed site grading and drainage provisions and proposals including contour data at a contour interval sufficient to indicate the topography of the site, but in no case to exceed a two-foot (2') interval, including proposed erosion control measures.

ix.

A plan showing the Buffer Yards as required in Section 5.4.4.

x.

The relationship of the site and the proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels, and any proposed off-site improvements to be made.

xi.

Any applicable fee established by the City Council.

2.5.4

Public Hearing and Notice.

At its next regular meeting following the receipt of an application for Conditional Use, but in any event within forty-five (45) days of receipt of such application by the Zoning Administrator, the Planning Commission shall recommend approval or disapproval the application along with any conditions related thereto.

The Planning Commission shall hold a public hearing on each application for a Conditional Use Permit. Notice shall be given as prescribed in Section 2.9.1. At the public hearing, the Commission shall review the application and shall receive pertinent evidence concerning the proposed use and the proposed condition under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 2.5.6. The applicant is required to be present at the public hearing.

2.5.5

Action by the Planning Commission.

The Commission may recommend approval of a Conditional Use Permit as the permit was applied for or in a modified form or subject to conditions, or may recommend denial of the application.

2.5.6

Review and Evaluation Criteria.

The Zoning Administrator and the Commission shall review and evaluate and make the following findings before recommending approval of a Conditional Use Permit application using the following criteria:

A.

Conformance with applicable regulations and standards established by the Zoning Regulations.

B.

Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, and access and circulation features.

C.

Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use.

D.

Modifications to the site or proposed use which would result in increased compatibility, or would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulation and standards and to protect the public health, safety, morals, and general welfare.

E.

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area; existing zoning and land uses in the area.

F.

Protection of persons and property from flood or water damage, odors, fire, noise, glare, and similar hazards or impacts.

G.

Location, lighting, and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.

H.

Adequacy and convenience of off-street parking and loading facilities.

I.

That the proposed use is in accordance with the objectives of this Zoning Ordinance and the purposes of the district in which the site is located.

J.

That the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses and structures in the vicinity, in accordance with the following standards:

i.

The proposed use will be located within the district so as to be harmonious with and complimentary to adjacent and existing land uses.

ii.

The structure resulting from the granting of a conditional use will be architecturally compatible with other existing or proposed structures in the neighborhood in which it is to be located. For the purpose of this criterion, the term "neighborhood" shall mean an area extending 750 feet in all directions from the lot line of the proposed structure.

iii.

For the purposes of determining architectural compatibility, consideration shall be given to: building mass and style; roof types, pitch and material; façade treatment and materials; window and door styles; eaves and porches; trim; gables and dormers; gutters; chimneys; walls, fences, hedges and other landscape elements; colors; driveway material; signage; dimensional setbacks and building orientation on the lot; and other such features as may be appropriately considered by the Planning Commission.

iv.

For the purpose of assessing the architectural compatibility, existing structures which may not be an architectural asset to the neighborhood shall not be considered in determining the appropriateness of a conditional use application.

K.

That any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and to ensure compatibility of the proposed use with existing or permitted uses in the same district and the surrounding area.

L.

That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2.5.7

Conditions of Approval.

The Planning Commission may establish conditions of approval. Conditions may include but shall not be limited to: requirements for special setbacks, open spaces, buffer, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; architectural conditions; and such other conditions as the Commission may deem necessary to ensure compatibility with surrounding uses.

2.5.8

Legislative Disposition.

The Mayor and City Council shall examine all such applications, reports, and recommendations transmitted to it and shall take further action as it deems necessary and desirable to approve, disapprove, modify, or remand to the Planning Commission for further considerations. No land or structure for which the application for Conditional Use Permit has been denied by the Mayor and City Council shall be considered again by the Planning Commission or the Mayor and City Council for the same classification for at least one (1) year from the date such application was denied.

2.5.9

Renewal or Lapse of a Conditional Use Permit.

A.

A Conditional Use Permit shall lapse and shall become void one (1) year following the date on which such permit became effective, unless prior to expiration a building permit is issued and construction is commenced and diligently pursued toward completion, or a certificate of occupancy or certificate of zoning compliance is issued for the use, or the site is occupied if no building permit or certificate of occupancy is required.

B.

A Conditional Use Permit subject to lapse may be renewed by the City Council for an additional period of one (1) year, provided that prior to the expiration date, a written request for renewal is filed with the Zoning Administrator.

2.5.10

Modification of Conditional Use Permit.

Minor revisions or modifications may be approved by the Zoning Administrator if he determines that the circumstances or conditions applicable at the time of original approval remain valid, and that changes would not affect the findings prescribed in Section 2.5.6.

2.5.11

Conditional Use Review Required.

In addition to those land uses requiring conditional use approval as specified in Table 4.2: Chart of Determinate Uses, the following circumstances shall be subject to the conditional use approval process as set forth here in Section 2.5:

A.

Any residential, commercial, or industrial development having structures in excess of 35 feet in height.

B.

Any commercial or industrial development adjacent to property zoned or utilized for residential purposes not withstanding any intervening street.

C.

Any commercial or industrial use having outdoor storage of merchandise, equipment, materials, or goods used in the normal course of business.

D.

Any proposed shared use of parking facilities pursuant to Article 8 of this ordinance.

2.6.1

Title and Purpose.

Section 2.6.1 through Section 2.6.7 shall be known as the variance procedure. This procedure is intended to provide relief from the terms of the Zoning Regulations when, because of special circumstances applicable to the property, the strict application of the Zoning Regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, and to ensure that any adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the district in which such property is situated.

A.

Variance. A modification from the provisions of the zoning ordinance of the City of Diamondhead, as determined by the Mayor and City Council for final disposition, in cases where enforcement of the zoning ordinance would result in unnecessary hardship.

B.

Hardship. For purposes of granting a variance hardship shall mean an unusual topographical situation or condition involving a particular property and which makes it impossible for the owner to use the property in the manner prescribed for the district by the zoning ordinance. A hardship exists only where the unusual situation or condition is not created by the owner of the property. A hardship as related to zoning is not to be confused with an economic, personal, or medical hardship.

2.6.2

Application.

Application for a variance shall be filed with the Zoning Administrator. Within ten (10) days of the receipt of an application for Variance, the Zoning Administrator shall transmit a full and complete copy of the application and provide any reports, comments, or recommendations made during staff and DRC review regarding the subject application to the Planning Commission. The application shall include the following:

A.

Name and address or the owner or applicant.

B.

A legal description of the property, which shall include, but not limited to: deed of current ownership (not a Deed of Trust), tax parcel number identification, and street address.

C.

If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property.

D.

A statement describing the variance request and the reasons why it complies with the criteria for variances provided in Section 2.6.5.

E.

The property address and the name and mailing address of the owner of each lot within 300 feet of the subject property and a map with parcels keyed to the ownership and address data.

F.

Site plans, preliminary building elevation, preliminary improvement plans, or other maps or drawings, sufficiently dimensioned as required to illustrate the following, to the extent related to the variance application:

i.

Existing and proposed location and arrangement of uses on the site, and on abutting sites within 100 feet.

ii.

Existing and proposed site improvements, buildings, and other structures on the site, and any off-site improvements related to or necessitated by the proposed use. Building elevations shall be sufficient to indicate the general height, bulk, scale, and architectural character.

iii.

Existing and proposed topography, grading, landscaping, and screening, irrigation facilities, and erosion control measures.

iv.

Existing and proposed parking, loading, and traffic and pedestrian circulation features, both on the site and any off-site facilities or improvement related to or necessitated by the proposed use.

v.

The Zoning Administrator may request additional information necessary to enable a complete analysis and evaluation of the variance request, and determination as to whether the circumstances prescribed for the granting of a variance exist.

vi.

A fee established by the City Council shall accompany the application. A single application may include request for variances from more than one regulation applicable to the same site, or for similar variances on two or more adjacent parcels with similar characteristics.

2.6.3

Public Hearing and Notice.

The Planning Commission shall act on the application not more than forty-five (45) days following the filing of said application. Notice shall be given as prescribed in Section 2.9.6.

2.6.4

Action by the Planning Commission.

The Planning Commission may recommend to the Mayor and City Council a variance be granted as the variance was applied for or in a modified form or subject to conditions or the application may be denied. A variance may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the Planning Commission or Mayor and City Council may prescribe.

2.6.5

Findings.

The Planning Commission may recommend granting a variance provided affirmative findings of fact are made on each of the following criteria:

A.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. By way of example, special conditions or circumstances peculiar to land could include irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions.

B.

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

C.

That special conditions and circumstances do not result from the actions of the applicant.

D.

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

E.

The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

F.

The Variance would observe the spirit of the Ordinance and would not change the character of the district.

G.

The Variance would observe the spirit of the Comprehensive Plan.

H.

That the Variance requested will not result in any change in use or density of the subject property.

I.

In recommending that any variance be granted, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with the zoning ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the zoning ordinance and punishable as determined within the zoning ordinance.

J.

Under no circumstances shall the Planning Commission or Mayor and City Council grant a variance to allow a use not permissible under the terms of the zoning ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the zoning ordinance in said district.

2.6.6

Variance to Run with Land or Structure.

Unless pertaining to off-street parking and loading regulations, or otherwise specified at the time a variance is granted, a variance shall run with the land and shall continue to be valid upon a change ownership of the site or structure to which it applies.

2.6.7

Legislative Disposition.

A.

The action by the Planning Commission related to variance applications shall be a recommendation to the Mayor and City Council. The Mayor and City Council shall examine all such applications, reports, and recommendations transmitted to it and shall take further action as it deems necessary and desirable to approve, disapprove, modify, or remand to the Planning Commission for further considerations. No land or structure for which the application for variance has been denied shall be considered again for the same variance request for at least one (1) year from the date such application was denied.

B.

The owner, agent, or lessee of property that requested a variance and subsequently was granted said variance by the Mayor and City Council must secure a building permit or certificate of zoning compliance within one (1) year of the variance being granted, or said variance will expire.

2.7.1

Title and Purpose.

Section 2.7.1 through Section 2.7.7 shall be known as the Appeals Procedure. This procedure is intended to afford review of actions taken pursuant to the Zoning Regulations where such action may be in error.

2.7.2

Appeals.

A.

Any person aggrieved, or any taxpayer affected, by any decision of the Zoning Administrator made in the administration of this Ordinance may appeal to the Planning Commission. Such appeal shall be taken within 10 days following the decision being appealed, and by filing with the Zoning Administrator a notice of appeal, which shall specify the grounds thereof. The Zoning Administrator shall forthwith transmit to the Planning Commission all the papers constituting the record upon which the action appealed from was taken.

B.

Any person, taxpayer, officer, or department of the city affected by any decision of the Planning Commission may appeal to the Mayor and City Council. Such appeal shall be taken within 10 days following the decision being appealed, by filing with the Zoning Administrator a notice of appeal, which shall specify the grounds thereof. The Zoning Administrator shall forthwith transmit to the Mayor and City Council all the papers constituting the record upon which the action appealed from was taken.

2.7.3

Fee.

A fee prescribed by the City Council shall accompany the appeal. In the event an appeal contains two stages (appeal Zoning Administrator's decision to Planning Commission, and then Planning Commission to Mayor and City Council) then each shall be considered a separate appeal and a separate fee paid for each appeal.

2.7.4

Stay of Procedures.

Any appeal shall stay all proceedings in furtherance of such action unless the Zoning Administrator certifies to the Planning Commission or the Mayor and City Council, after the notice of appeal shall have been filed, that by reason of the fact stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In event the Zoning Administrator shall make and file such certificate, his action shall not be stayed otherwise than by a restraining order that may be granted by a court of record, upon application of the party aggrieved by the action of the Zoning Administrator and after notice to him and upon due cause shown. At the time of the appeal hearing, the applicant shall be present.

2.7.5

Public Hearing and Notice.

The Planning Commission or Mayor and City Council, as the case may be, shall hold a public hearing within thirty (30) days on the appeal. Notice of appeal hearings before the Planning Commission shall be given as prescribed in Section 2.9.5. Upon the hearing of such appeal, any interested party may appear in person or by an agent or attorney.

2.7.6

Action.

The Planning Commission or City Council, as the case may be, shall act on the appeal ten (10) days following the closing of the public hearing. In exercising the powers set out in this Section, the Planning Commission or City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made. The Zoning Administrator shall notify the appellant by mail of the outcome of the appeal decision.

2.7.7

Appeals from the City Council.

Appeals from any action of the mayor and city council shall be governed by applicable statutes of the State of Mississippi.

2.8.1

Title and Purpose.

A.

Section 2.8.1 through Section 2.8.11 shall be known as the Amendment Procedure. The purpose of this procedure is to prescribe the manner in which changes shall be made in the text of the Zoning Regulations (Text Amendment) and the application of such regulations to property within the City of Diamondhead, Mississippi, by means of the Zoning Map (Rezoning).

B.

This ordinance, including the zoning map, is based on comprehensive planning studies and is intended to carry out the objectives of a sound, stable and desirable environment. It is recognized that casual amendments of the ordinance would be detrimental to the achievement of that objective, and it is therefore declared to be the public policy to amend this ordinance only when one or more of the following conditions prevail:

i.

Error: There was an error in the initial zoning of the property as it was brought into the city.

ii.

Change in Condition: Changed or changing conditions in a particular area in the city or metropolitan area generally, resulting from changes in population, both of the area proposed to be rezoned and in the surrounding areas, or changes in existing road patterns or traffic, including traffic volumes, and also including the development of new roadways in the vicinity.

iii.

Changes in whatever is classified as the "neighborhood" (which may not necessarily be limited to that of a relatively concise area), and which may include changes in population, development trends, and the existing character of nearby property and/or changes that have occurred in the character of nearby property.

2.8.2

Jurisdiction.

The City Council shall have jurisdiction with respect to all Text Amendments and Rezoning. The Planning Commission shall review and submit a recommendation to the City Council on Text Amendments and Rezoning.

2.8.3

Initiation.

A.

The Planning Commission or the City Council may initiate a text amendment.

B.

The owner or authorized agent of the owner of property may initiate a rezoning by filing an application for a change in district boundaries (rezoning) as prescribed in this chapter. If the property for which rezoning is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application. A rezoning may be initiated also by the Planning Commission or the City Council.

2.8.4

Legislative Disposition.

The mayor and city council shall examine all such applications, reports, and recommendations transmitted to it and shall take such further action as it deems necessary and desirable to approve, disapprove, modify, or remand to the Planning Commission for further consideration. No land for which an application for reclassification has been denied by the mayor and city council shall be considered again by the Planning Commission or the mayor and city council for the same classification for at least one (1) year from the date such application was denied.

2.8.5

Limitations on Proposed Amendments.

Proposed amendments to effect a change in zoning district classification shall be subject to the following limitations:

A.

An amendment shall be in harmony with the Comprehensive Plan and/or the Land Use Plan of the City of Diamondhead.

B.

An amendment shall be compatible with the zoning of the surrounding area such as to support the comprehensive plan of the City of Diamondhead.

C.

An amendment shall be in a consistent manner for the benefit of [the] entire community and the City of Diamondhead.

2.8.6

Amendments Procedure.

Proposed amendments to this ordinance shall be considered by the Planning Commission and by the mayor and city council. It is the function of the Planning Commission to consider prepared amendments, to collect information relative thereto by investigations or other means, and to conduct public hearings thereon, and to make recommendations to the mayor and city council. The ordinance can be amended only by the mayor and city council.

A.

An amendment to this ordinance may be initiated by the Mayor and City Council on its own motion or by the Planning Commission. An amendment may also be initiated by any person, firm, or corporation by filing a written application therefor with the Zoning Administrator. The application for amendment shall contain at least the following:

i.

The applicant's name, address, and interest in the application, and the name address, and interest of every person, firm, or corporation represented by the applicant in the application; the name of the owner or owners of the entire land area proposed to be changed in classification or to be included within the proposed district; the name of the owner or owners of all structures then existing thereon and sufficient evidence to establish that the applicant has the right of possession to the land area and structures; the names and addresses of all owners of adjacent property within five hundred (500) feet (exclusive on the width of intervening streets, alleys, or bodies of water).

ii.

If the proposed amendment would require a change in the zoning map, a site plan showing the land area which would be affected, easements bounding and intersecting the designated area, the locations of existing and proposed structures with supporting open facilities, and the ground area to be provided and continuously maintained for the proposed structure or structures.

iii.

The time schedule for the beginning and completion of development planned by the applicant in the area; if the development is planned in stages, the time schedule shall indicate the successive stages and the development planned for each stage.

iv.

A report giving the nature, description, and effect of the proposed amendment; if the proposed amendment would require a change in the zoning map, a description of the probable effect on the surrounding land uses and properties.

v.

The error in this ordinance that would be corrected by the proposed amendment, if the intent is to correct the error.

vi.

The manner in which the proposed rezoning would be consistent with the Comprehensive Plan.

vii.

A tax parcel map of the area proposed for rezoning and the surrounding area, showing existing streets or roads and property lines, and existing and proposed zoning district boundaries. The map shall include an area determined by the Zoning Administrator to be necessary to illustrate the relationship to and potential impact on the surrounding area, but not less than 200 feet or more than 1,000 feet from the property proposed for rezoning.

viii.

Information demonstrating the appropriateness of the requested change, including at least one of the following:

a.

Whether or not there has been a change in the character of the neighborhood surrounding the subject property and a public need exists for additional lands bearing the requested zoning classification.

b.

Whether or not an error exists with regard to the original zoning designation of the subject property.

B.

Upon receipt of an application for amendment, properly and completely made out, the Zoning Administrator shall examine the application and shall make such investigation as is necessary. He shall transmit the application, together with his report and recommendation, to the Planning Commission.

2.8.7

Application and Fee.

A.

Application for a Rezoning initiated by a property owner shall be filed with the Zoning Administrator on a prescribed form supplied by the Zoning Administrator.

B.

The Zoning Administrator may require additional information or maps if they are necessary to enable the Planning Commission to determine whether the change is consistent with the objectives of this ordinance.

C.

An application fee shall accompany rezoning applications initiated by a property owner. Said fee shall be established by the City Council.

D.

A rezoning initiated by the Planning Commission or by the City Council shall be pursuant to a motion of the Commission or City Council. No fee shall be applicable. The Zoning Administrator shall execute the necessary steps pursuant to the intent of the motion.

E.

A text amendment initiated by the Planning Commission or by the City Council shall be pursuant to a motion of the Commission or the City Council. The Zoning Administrator and City Attorney shall prepare a draft of an ordinance amending the text of the Zoning Regulations pursuant to the intent of the motion. No fee shall be applicable.

2.8.8

Recommendation to the Planning Commission.

A.

The Zoning Administrator shall review the application and shall prepare a recommendation thereon which shall be filed with the Planning Commission and available to the applicant at least five (5) days prior to the Planning Commission meeting. The Zoning Administrator shall also provide any reports, comments, or recommendations made during staff and DRC review regarding the subject amendment.

B.

In event of withdrawal of an application after action by Planning Commission prior to action by City Council, an application for same or permissive zoning for the property shall not be filed within one year of the withdrawal.

2.8.9

Public Hearing and Notice.

The Planning Commission shall act on the application not more than forty-five (45) days following the filing of said application. Notice shall be given as prescribed in Section 2.9.2. Action by the Planning Commission shall be in the form of a recommendation to the Mayor and City Council.

2.8.10

Findings and Action by Reviewing Bodies.

A.

Upon conducting the requisite public hearing and considering all evidence, the Planning Commission and City Council shall make specific findings related to the following criteria:

i.

Whether or not there has been a change in the character of the neighborhood surrounding the subject property and a public need exists for additional lands bearing the requested zoning classification.

ii.

Whether or not an error exists with regard to the original zoning designation of the subject property.

B.

Upon finding in favor of the foregoing criteria the Planning Commission and City Council shall find in favor of the requested rezoning, otherwise, the rezoning request shall be denied.

2.8.11

Change of Zoning Map.

A change in district boundaries shall be indicated on the Zoning Map.

Section 2.9.1 through Section 2.9.7 shall be known as the Public Notice procedure. The purpose of this Procedure shall be to establish the minimum requirements for notice to be given with respect to procedural actions and public hearings required by the Zoning Regulations.

2.9.1

Planning Commission: Conditional Use Permits.

Notice or public hearing for consideration of a Conditional Use Permit by the Planning Commission shall be given as follows:

A.

Notice shall be given by mail to the owner of each site within four hundred (400) feet of the subject property at least fifteen (15) days prior to the date of the hearing.

B.

At the option of the Zoning Administrator, notice may be given by mail to the owner of any site more than four hundred (400) feet from the subject property at least fifteen (15) days prior to the date of the hearing.

C.

Notice may be given by mail to any civic organization having interest in the application.

D.

Notice shall be given by publication of a legal notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the hearing.

E.

Notice shall be posted at the street frontage of the subject site no less than fifteen (15) days prior to the date of the hearing.

2.9.2

Planning Commission: Rezoning.

Notice of public hearing for consideration of a Rezoning by the Planning Commission shall be given as follows:

A.

Notice shall be given by mail to the applicant at least 15 days prior to the date of the hearing.

B.

Notice shall be given by mail to the owner of each site within five hundred (500) feet of the subject property at least 15 days prior to the date of the hearing.

C.

Notice shall be given by publication of a legal notice in a newspaper of general circulation at least 15 days prior to the date of the hearing.

D.

Notice shall be posted at the street frontage of the subject site no less than fifteen (15) days prior to the date of the hearing.

E.

At the option of the Zoning Administrator, notice may be given by mail to the owner of any site more than five hundred (500) feet from the subject property at least fifteen (15) days prior to the date of the hearing.

2.9.3

City Council: Text Amendment.

Notice of public hearing for a consideration of a Text Amendment by the City Council shall be given by publication of a legal notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the hearing.

2.9.4

City Council: Appeal from Planning Commission.

Notice of a public hearing for consideration of any appeal from a decision of the Planning Commission shall be given as follows:

A.

Notice shall be given by publication of a legal notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the hearing.

B.

Notice shall be given by mail to the applicant, if different from the appellant, at least fifteen (15) days prior to the date of the hearing.

C.

At the option of the Mayor or City Council, notice may be given by mail to the owner of any site in the vicinity of the subject property who, on the basis of the records pertinent to the appeal, has shown an interest in the application, at least fifteen (15) days prior to the date of the hearing.

2.9.5

Planning Commission: Administrative Appeal.

Notice of public hearing for consideration of an Administrative Appeal by the Planning Commission shall be given as follows:

A.

Notice shall be given by mail to the appellant and to the applicant if different from the appellant, at least fifteen (15) days prior to the date of the hearing.

B.

Notice shall be given by publication of legal notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the hearing.

C.

At the option of the Zoning Administrator or Planning Commission, notice may be given by mail to the owner of any site potentially affected by an administrative appeal pertaining to a particular site, at least fifteen (15) days prior to the date of the hearing.

2.9.6

Planning Commission: Variance.

Notice of public hearing for consideration of a variance by the Planning Commission shall be given as follows:

A.

Notice shall be given by publication of a legal notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the hearing.

B.

Notice shall be given by mail to the owner of each site within four hundred (400) feet of the subject property at least fifteen (15) days prior to the date of the hearing.

2.9.7

Notice Requirement Defined.

A.

Requirements for notice and publication contained in this Section shall have the following meanings:

i.

Notice by certified or regular mail shall refer to the date of deposit of such mail with the U.S. Post Office.

ii.

Publication shall refer to the date of publication of a legal notice in a newspaper of general circulation in the City of Diamondhead. One (1) publication day shall be sufficient.

B.

Each such notice, whether by mail or publication, shall include appropriate information pertaining to the general nature of the application or decision, and identifying the application or decision, and identifying the applicant, the subject property, the time and place of the meeting or hearing, and the address and telephone number of the office from which additional information may be obtained.

( Res. No. 2021-085 , 12-21-2021)

2.10.1

Enforcement Remedies.

If any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Ordinance, the City Council and/or the Zoning Administrator may, in addition to other remedies, institute in the name of the City of Diamondhead any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation of this ordinance.

2.10.2

Penalties.

A.

Any person, partnership, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the maximum fine allowed by law and the cost of prosecution or in default of the payment thereof, shall be punished by imprisonment for a period not to exceed thirty (30) days for each offense, or by both such fine and imprisonment in the discretion of the Court, together with the cost of such prosecution. Each day such a violation continues shall be considered a separate offense after the thirty (30) days from the date of written notification.

B.

The owner of any structure or premises, where any condition in violation of this Ordinance shall exist or shall be created shall be guilty of an offense and, upon conviction thereof, shall be liable to the fines and imprisonment herein provided. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law. Forbearance in enforcement of this Ordinance shall not be deemed the condoning of any violation thereof.

C.

In addition to all other remedies, including the penalties provided in this Section of the Ordinance, the City may commence and prosecute appropriate actions or proceedings in a Court of competent jurisdiction, to restrain or prevent any non-compliance with or violation of any of the provisions of this Ordinance, or to correct, remedy or abate such non-compliance. Violation of any provisions of this Ordinance is hereby declared to be a nuisance per use, and the Court shall order such nuisance abated.