These regulations shall be enforced by an inspecting officer appointed by the city council. In considering all appeals from rulings made under these regulations, the planning commission shall, in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion in the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, morals and general welfare of the people of Greenwood, Mississippi. Every ruling made upon any appeal to the planning commission shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the planning commission and shall specify the reason for granting or denying the appeal.

(1)

Building permits. Whenever any structure, building, or parking lot is to be improved in an amount exceeding one hundred dollars ($100.00) or erected, moved, or structurally altered, a building permit shall be obtained from the inspecting office. The building official may require every applicant for a building permit to furnish the following information:

a.

A plot plan, drawn to scale, showing the exact size, shape, and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures or building proposed to be repaired, altered, erected or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities.

b.

A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate.

c.

Additional information relating to the proposed improvement needed to determine compliance with these regulations.

(2)

Certificate of occupancy. No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected, reconstructed, altered, or enlarged, shall be occupied or used until a certificate of occupancy shall have been issued by the inspecting officer.

a.

Certificate of occupancy for a building. Certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within three (3) days after the request for same shall have been made to the inspecting officer after the erection, reconstruction, alteration, or enlargement of such building or part thereof shall have been completed in conformity with the building permit issued. Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued by the inspecting officer for a period not exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this ordinance, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. Request for certificate of occupancy for any change in the use of a building shall be made in writing at least ten (10) days in advance of such change and shall be issued within three (3) days after such request if the new use is in conformity with the provisions of these regulations.

b.

Certificate of occupancy for land. Certificate of occupancy for use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of these regulations.

c.

Certificate of occupancy for a legal nonconforming use. Certificate of occupancy shall be required for all legal nonconforming uses. Application for certificate of occupancy for such nonconforming uses shall be filed within twelve (12) months from the effective date of adequate notification by the City of Greenwood of such nonconforming use accompanied by affidavits of proof that such nonconforming uses were not established in violation of this ordinance, or any previous zoning ordinance.

The certificate of occupancy shall state that the building or proposed use of a building or land, complies with this ordinance. A record of all certificates shall be kept on file in the office of the inspecting officer, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. (No fee shall be charged for a certificate of occupancy.) No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.

(a)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure, or land, is used in violation of this ordinance, the city, in addition to other remedies, may institute any appropriate action or proceedings, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(b)

Any person, firm or corporation who shall knowingly and willfully violate the terms, conditions or provisions of this zoning ordinance shall be guilty of a misdemeanor and upon conviction therefor shall be sentenced to pay a fine of not to exceed one hundred dollars ($100.00). Each day the violation continues thereafter shall be a separate offense.

(a)

The city council may, from time to time, on its own motion, or on petition from a property owner, or on recommendation of the planning commission, amend the regulations and districts herein established. Every such proposed amendment shall be referred to the planning commission for recommendation of action thereon to the city council. No change in regulations, restrictions, or district boundaries shall become effective until after a public hearing held in relation thereto before the city council, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in Greenwood, Mississippi and Leflore County. The action of the city council shall be final subject to appeal as herein provided.

(b)

An applicant for amendment of the zoning ordinance shall have the responsibility to demonstrate the appropriateness of the change and shall include the following:

(1)

How the proposed amendment would conform to the comprehensive plan.

(2)

Why the existing zone district classification of the property in question is inappropriate or improper.

(3)

That major economic, physical, or social changes, if any, have occurred in the vicinity of the property in question that were not anticipated by the comprehensive plan and have substantially altered the basic character of the area, which make the proposed amendment to the zoning ordinance appropriate.

(c)

No change in regulations, restrictions, or district boundaries shall become effective until after a public hearing held in relation thereto before the city council, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in Greenwood, Mississippi and Leflore County. The action of the city council shall be final subject to appeal as herein provided. For each petition for amendment to the zoning regulations a fee in the amount of one-hundred dollars ($100.00) shall be paid to the city clerk by persons requesting such change.

Before the planning commission may take up an issue or request for an exception or variance to existing zoning regulations, a public hearing must be held in relation thereto before the said planning commission at which hearing parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in Greenwood and Leflore County. For each petition for variance or exception to existing zoning regulations, a fee to pay the cost of administration and legal publication in the amount of $100.00 shall be paid to the city clerk by persons requesting such change.

All annexation of land to the city shall be in an R-1 residential zone unless otherwise classified by the city council by amendment to this ordinance. It shall be the policy of the city council to declare their intentions relative to the classification of the property to be annexed prior to annexation.

When the provisions of this ordinance and the provisions of other ordinances both apply, the provisions of the greatest restriction shall govern.

It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof these regulations shall take effect and be in full force from and after its passage and approval.