(a)

There is hereby created and established under the provisions of chapter 197 of the General Laws of Mississippi of 1956, a planning commission to be known as the "Greenwood planning commission." Said commission shall consist of twelve (12) members. Five (5) of the commissioners shall be appointed at large by the mayor and confirmed by an affirmative vote of a majority of the city council present and voting at any meeting. Seven (7) of the commissioners shall be appointed to represent the city's seven (7) wards, with the appointment of each ward representative to be made by the councilmember of said ward, then approved by an affirmative vote of a majority of the city council present and voting at any meeting. The members of said commission shall be appointed for terms of three (3) years, and serve in an advisory capacity without pay. The members thereof shall be eligible to succeed themselves. Members absent for three (3) consecutive meetings, without good cause, shall be removed. The commission shall submit written justification, to the mayor, for removal of a member and request that the vacancy be filled at the earliest opportunity.

(b)

In addition to the foregoing, there are also appointed as ex-officio members of the planning commission, the members of the board of supervisors of the county; the building official of the city; the manager of Greenwood Utilities; and a representative of the Greenwood-Leflore County Industrial Board.

(a)

A chairman, vice-chairman, and secretary shall be elected annually, at the January meeting, by the members of the commission from its membership. The commission shall meet monthly, except December, on the fourth Thursday and on such other occasions as it may deem necessary for the accomplishment of the purposes for which the commission is created, and at the time set by the commission.

(b)

The secretary shall set agenda items with the building official of the city no later than the Friday preceding its scheduled meeting. Five members of the commission present at any meeting shall be required to declare a quorum present.

(c)

The commission shall establish its own rules of procedure, subdividing itself into such committees as it may deem proper, and select such other officers, coordinating committee, and establish within its members such other committees as will best promote the work of the commission, and accomplish the purpose for which it is created.

(d)

On or before the first day of August each year, it shall prepare, recommend, and present a budget covering expenditures required for its operation in the next ensuing fiscal year. The commission shall also prepare, recommend, and present to the city council, from time to time, such other and further recommendations as it may deem proper in the carrying on of its planning activities in the city. All meetings of the commission shall be open to the public, but deliberation and official action may be undertaken in executive session. Commission minutes shall be presented to the mayor and city council, within three (3) work days following the meetings, for review, file, and referral to the city council for final action as required.

In order to further the welfare of the people of this community by helping to create an increasingly better, a more healthful, convenient, efficient and attractive city environment, and to coordinate and bring planning into a high degree of harmony in accordance with a carefully thought out, comprehensive, long range plan for the development of the city, the members of the planning commission shall have the following powers and duties:

(1)

To create a comprehensive plan for the physical development of the municipality, including, but not necessarily limited to, the following:

a.

The development of a street system, including major street plans, parkways and boulevards, express highways, sidewalks, bikeways, greenways, traffic flow, control and safety, truck routes, bike routes, viaducts, underpasses and bridges, parking (on and off street), and illumination.

b.

Transportation and transit, including railroads, bus lines, truck lines, air lines, terminal facilities, and taxicabs.

c.

Housing, including the extent and treatment of substandard buildings and blighted areas, and the development of neighborhood districts.

d.

Parks and recreation, including the development of new parks, neighborhood playgrounds, play fields and parks, community centers, clubhouses and recreational programs (in collaboration with the advisory park commission).

e.

Public schools, including (in collaboration with existing school authorities) the expansion of facilities, the location and erection of new schools with particular reference to accessibility, utilities and traffic problems, and the general development of the public school systems.

f.

Cultural and public buildings, including cultural institutions; federal, state, and county buildings, city buildings, such as auditorium, libraries (in collaboration with the library board), art and music center, fire stations, police buildings, city hall and facilities required for the operation of city government.

g.

Long range water supply and water storage.

h.

Sewage and solid waste disposal.

i.

Sewer system, expansion and development and flood control, surface water and river.

j.

Expansion of corporate boundaries of the city, as related to feasibility, service to be rendered, and economic and fiscal factors.

k.

Finance, including orderly fiscal control of both short and long range development in the light of the present financial structure of the city.

l.

Zoning problems, including revision of zoning maps and ordinances, coordination of zoning ordinances with building codes and sanitary codes, changes and use permits, and any other phase of the zoning requirements of the city.

m.

Proposed regulations governing the subdivision of land, giving consideration to the requirements of streets and utilities, both inside and outside the city.

(2)

To hear and decide appeals by any person aggrieved or by any department, board, or commission of the city affected by any alleged error made by the building official. All appeals must be made in writing within ten (10) days from the date of written notice of the decision delivered to or sent by registered mail to the aggrieved party. Appeals shall be made by filing, with the building official and with the planning commission, a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the planning commission all the papers constituting the record upon which the action appealed from was taken.

(3)

To authorize upon appeal in special cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the planning commission unless and until:

a.

A written application for a variance is submitted demonstrating:

1.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are applicable to other lands, structures, or buildings in the same district.

2.

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

3.

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

4.

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

b.

A public hearing shall be held after giving at least fifteen (15) days' notice of the time and place of such hearing in an official newspaper or paper of general circulation in Greenwood and Leflore County specifying the time and place for said hearing.

c.

The planning commission shall make findings that the requirements above have been met by the applicant for a variance; that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and that the variance will be in harmony with the general purpose and intent of this and other ordinances. In granting a variance, the planning commission may prescribe appropriate conditions and safeguards in conformity with this 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 this ordinance and punishable by penalty authorized under state law.

(4)

To grant a conditional use permit for the uses enumerated as conditional uses in any zoning district listed in the Table of Uses. The planning commission shall impose appropriate conditions and safeguards including a specified period of time for the use to protect the comprehensive plan and conserve and protect property and property values in the neighborhood. A conditional use shall not be granted by the planning commission unless and until:

a.

A written application is submitted.

b.

A public hearing shall be held after giving at least fifteen (15) days' notice of the time and place of such hearing in an official newspaper or paper of general circulation in Greenwood and Leflore County specifying the time and place for said hearing.

c.

An investigation is made as to whether such conditional use will:

1.

Substantially increase traffic hazards or congestion.

2.

Substantially increase fire hazards.

3.

Adversely affect the character of the neighborhood.

4.

Adversely affect the general welfare of the city.

5.

Overtax public utilities or community facilities.

6.

Be in conflict with the comprehensive plan.

d.

If the findings by the planning commission relative to the above subjects are that the city would benefit from the proposed use and the surrounding area would not be adversely affected, then such permits shall be granted. Any proposed conditional use shall otherwise comply with all the regulations set forth in this ordinance for the district in which such use is located.

(5)

To hear and decide the following exceptions to this ordinance after public hearing as provided for in paragraph (3)b. above:

a.

To permit the extension of a district not to exceed fifty (50) feet where the boundary lines of a district divides a lot in single ownership as shown of record.

b.

To interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan where the street layout on the ground varies from the street layout as shown on the zoning district map.

c.

To vary the parking regulations by not more than 50 percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this ordinance. In the C-2 Community Commercial district, parking regulations may be varied more than 50 percent where extreme and unusual hardship is shown.

(6)

To amend, supplement, change, modify, or repeal by ordinance the text or map of the zoning districts in accordance with article X, section 3 of this ordinance.

(7)

To approve all subdivision plans and site plans for planned unit developments.

(8)

Any other matters which may be submitted from time to time by the city council, or mayor and any other matters which in the judgment of the commission will bring about a more orderly development of the city, working in close cooperation with state and county governments, collaborating with existing city boards and commissions, and with the chamber of commerce, industrial board and other planning agencies of the city, county and state, and working in close coordination with the duly constituted school authorities of the Greenwood Municipal Separate School District for the accomplishment of the purposes set forth in the preamble hereof.

(a)

With the exception of amendments to the zoning ordinance, which must be approved by the city council, decisions of the planning commission shall become effective unless appealed to the city council or reviewed by the city council within fifteen (15) days of the decision. In the event of an appeal to or review by the city council, the city council may affirm, reverse, remand, or modify the decision as may be proper. An appeal from any action, decision, ruling, judgment or order of the city council may be taken by any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of Greenwood to the Chancery Court of Leflore County and by filing notice of appeal with the Chancery Clerk within twenty (20) days from the filing of the decision of the city council which notice shall specify the grounds of such appeal. Any person aggrieved at any final decision of the Chancery Court may appeal there from to the Supreme Court of Mississippi within the time and in the manner prescribed by section 1195 of the Mississippi Code of 1942, as amended.

(b)

Appeals may be made to the planning commission by any person aggrieved or by any department, board, or commission of the city affected by any alleged error made by the building official. All appeals must be made in writing within ten (10) days from the date of written notice of the decision delivered to or sent by registered mail to the aggrieved party. Appeals shall be made by filing with the building official and with the planning commission, a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the planning commission all the papers constituting the record upon which the action appealed from was taken. Decisions of the planning commission shall become effective unless appealed to the city council or reviewed by the city council within fifteen (15) days of the decision. In the event of an appeal to or review by the city council, the city council may affirm, reverse, remand, or modify the decision as may be proper.

(c)

An appeal from any action, decision, ruling, judgment or order of the city council may be taken by any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of Greenwood to the Chancery Court of Leflore County and by filing notice of appeal with the Chancery Clerk within twenty (20) days from the filing of the decision of the city council which notice shall specify the grounds of such appeal. Any person aggrieved at any final decision of the Chancery Court may appeal therefrom to the Supreme Court of Mississippi within the time and in the manner prescribed by section 1195 of the Mississippi Code of 1942, as amended.