8.1.1. Enforcing officer. The provisions of this ordinance shall be administered and enforced by the zoning administrator under the authority granted by Sections 17-1-3 to 17-1-21 of the Code of Mississippi (1972). This official or his designated assistant shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary in carrying out his duties in the enforcement of this ordinance.

8.1.2. Building permit required. It shall be unlawful to commence cleaning and/or earthwork for or the construction of any building or other structure, including accessory structures, or to store building materials or erect temporary field offices or to commence the moving, alteration or repair (except repairs not changing the character of the structure and not exceeding five hundred dollars ($500.00) in cost or painting or wallpapering) of any structure, including accessory structures, or the placement or replacement of any mobile or manufactured home until the zoning administrator has issued for such work a building permit including a statement of the plans, specifications and intended use of such structure in all respects conform with the provisions of this ordinance. Application for a building permit shall be made to the zoning administrator on forms provided for that purpose.

8.1.3. Approval of plans and issuance of building permit. It shall be unlawful for the zoning administrator to approve any plans or issue a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this ordinance. To this end, the zoning administrator shall require that every application for a building permit for excavation, construction, use of land, moving or alteration be accompanied by a map or plat showing the following in sufficient detail to enable the zoning administrator to ascertain whether the proposed excavation, construction, use of land, moving or alteration is in conformance with this ordinance:

(1)

The actual shape, proportion and dimensions of the lot to be built upon.

(2)

The shape, size and location of all buildings or other structures to be erected, altered or moved and of any buildings or other structures already on the lot.

(3)

The existing and intended use of all such buildings or other structures.

(4)

The setback and side lines of buildings on adjoining lots and such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this ordinance are being observed.

If the proposed excavation, construction, moving or alterations as set forth in the application are in conformity with the provisions of this ordinance, the zoning administrator of the municipality shall issue a building permit. If an application for a building permit is not approved, the zoning administrator of the municipality shall state in writing on the application the cause for such disapproval. Issuance of a building permit shall in no case be construed as waiving any provision of this ordinance.

8.1.4. Certificate of occupancy required. No land, building or other structure or part thereof hereafter erected, moved or altered in its uses shall be used until the zoning administrator shall have issued a certificate of occupancy, stating that such land or structure or part thereof is found to be in conformity with the provisions of this ordinance. Within three (3) days after the owner or his agent has notified the zoning administrator that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the zoning administrator of the municipality to make a final inspection thereof and to issue a certificate of occupancy if the building or premises or part thereof is found to conform with the provisions of this ordinance. If such certificate is refused, the zoning administrator shall state in writing the reasons for refusal to issue the certificate of occupancy.

8.1.5. Utility service restricted. It shall be unlawful for any utility to provide services to any residence, business, industry or mobile home prior to the issuance of a certificate of occupancy.

8.1.6. Penalties. Any person violating any provision of this ordinance shall, upon conviction, be fined not less than ten dollars ($10.00) plus court costs for each offense, and each day such violation continues shall constitute a separate offense.

8.1.7. Remedies. In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, the zoning administrator or any other appropriate authority, or any adjacent or neighboring property owner who is or would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such violations or to prevent occupancy of such buildings, structures or land.

8.2.1. Establishment of the board of adjustment. A board of adjustment is hereby established and shall hereinafter be referred to as the "board." The board shall consist of five (5) members serving without compensation, appointed by the city council for a term of five (5) years, excepting that, when the board shall first be created, one member shall be appointed for a term of five (5) years, one for a term of four (4) years, one for a term of three (3) years, one for a term of two (2) years, and one for a term of one year. One (1) member shall be a member of the zoning commission. The grenada planning and zoning commission shall be designated to serve at the board of adjustment. Any vacancy shall be filled by appointment by the council for the unexpired portion of the term.

8.2.2. Proceedings of the board of adjustment. The board of adjustment shall adopt rules necessary for the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, shall conduct the meetings, which shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be filed in the office of the board.

8.2.3. Powers and duties of the board.

(1)

Administrative review: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this ordinance.

(2)

Special exceptions:

(a)

On application made therefor, the planning and zoning commission acting as the board of adjustment shall have the authority to hear and determine whether special exception should be made to the provisions of this ordinance. Approval for a special exception shall not be made by the planning and zoning commission unless and until:

1.

All procedures and provisions for public hearing procedures for special exceptions have been met; and

2.

The planning and zoning commission determines:

(i)

That a literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located, and that the literal interpretation of this ordinance would work an unnecessary hardship upon the applicant; ii. That the requested exception will be in harmony with the purpose and intent of this ordinance and will not be injurious to the neighborhood or to the general welfare; and

3.

That the special circumstances are not the result of actions of the applicant; and

4.

That the existence of a nonconforming use of the neighboring land, buildings, or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the required exception.

(b)

The planning and zoning commission shall be empowered to review and/or rescind existing special exceptions whenever:

1.

An additional special exception is being requested for the same property.

2.

A special exception has not been activated within six (6) months of its approval.

3.

A special exception has been inactive and/or inoperable for more than one (1) year.

4.

Just cause is shown for needed review.

5.

Any previously implied time frame for approval has expired.

(c)

Public hearing procedure for special exception. Whenever, in this ordinance, reference is made to this section regarding procedures for public hearing for special exceptions and applications for same, the following is required:

1.

An application shall be made to the planning and zoning commission and the following shall be furnished:

Name and address of applicant, who shall be the owner of the property or have a vested interest in the property.

The present zoning classification.

The proposed use requested.

A legal description of the property.

Proof of ownership or interest in the property. Applicant shall furnish a copy of a deed or lease agreement.

The names and addresses of all property owners within five hundred (500) feet of the property, using the last known name and address shown on the tax rolls of the City of Grenada.

A plot plan showing the location and intended use of the site, and the present use of the property and all adjoining properties.

Any fees or charges established by the planning and zoning commission to cover expenses incidental to the application.

Any other material that the planning and zoning commission feels is pertinent to the application.

2.

The planning and zoning commission shall hold a public hearing within forty-five (45) days of the date of filing of the application.

3.

Notices shall be mailed to all property owners within five hundred (500) feet of the external boundaries of the property at least fifteen (15) days prior to the date of said hearing, and shall show the time, date and place of hearing, the description of the property involved, the reason for the hearing, the date of the notice and the signature of the zoning administrator, or his authorized agent.

4.

At least fifteen (15) days notice of the time and place of the hearing shall be published in a paper of general circulation in the City of Grenada.

5.

No signs are required to be posted for a special exception.

6.

The planning and zoning commission shall within thirty (30) days of the final hearing, transmit to the city council its report, findings and decision.

7.

Upon expiration of a special exception, applicant may file for an extension of time. An application for time extension shall be considered as though it were a new application.

(3)

Variances: To authorize upon appeal in specific 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 board of adjustment unless and until a written application for a variance shall be submitted, demonstrating:

(a)

That special conditions and circumstances exist that are peculiar to the land, structures or building involved, and the same conditions are not applicable to other lands, structures or buildings in the same district.

(b)

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.

(c)

That the special conditions and circumstances have not resulted 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 ordinance to other lands, structures or buildings in the same district.

In granting any variance, the board of adjustment shall have the authority to 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. Under no circumstances shall the board of adjustment grant a variance to permit a use other than a use permitted generally or by special exception in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

(4)

Decisions of the board of adjustment: In exercising the above-mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by the zoning administrator, and to that extent shall have powers of the zoning administrator from whom the appeal is taken. The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

(5)

Appeal procedures:

(a)

It is the intent of the governing authority of Grenada that all questions of interpretation and enforcement of this ordinance shall first be presented to the zoning administrator.

(b)

Only appeals taken in the manner and form provided in this ordinance from the actions and decisions of the zoning administrator will be considered and acted upon by the board of adjustment.

(c)

Appeal to the courts from the order of the board of adjustment may be taken in the manner and form as provided by law, by appealing to the city council, thence to the circuit court.