1.

Where the strict application of the provisions of this Ordinance would result in peculiar and exceptional practical difficulties to or exceptional hardship upon the owner of such property, the Planning Commission shall hold a public hearing on applications for variance(s) from the terms of this Ordinance, and is empowered to grant approval of such variances from the strict application so as to relieve such difficulties or hardships. However, a variance from the terms of this Ordinance shall not be granted unless the Planning Commission makes findings based upon evidence presented to it as follows:

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.

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 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 ordinance to other lands, structures, or buildings in the same district.

2.

A public hearing shall be held after giving at least 15 days notice of the hearings in an official newspaper specifying the time and place for said hearings.

3.

The Planning Commission shall make findings that the requirements of paragraph 1 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 Ordinance. 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 as provided under this ARTICLE.

4.

Under no circumstances shall the Planning Commission grant a variance to allow a use not permissible under the terms of this Ordinance in the zone district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said zone district.

1.

A proposed amendment to the Official Zoning Map may be initiated by the Planning Commission, Governing Authority, or by application of one or more owners of property within the area proposed to be changed.

2.

The Governing Authority may propose amendments by forwarding its written proposal, which shall set forth the purpose and reason for such proposed amendment, to the Planning Commission for processing in accordance with the procedure set forth in this Article.

3.

The Planning Commission may make written proposals for amendments that shall be processed in accordance with the procedure set forth in this ARTICLE.

4.

The owner or other person having a contractual interest in the property to be affected by a proposed amendment shall file an application with the Planning Commission, which established from time to time by the Governing Authority.

5.

An applicant for amendment of the Official Zoning Map shall have the responsibility to demonstrate the appropriateness of the change based on the following criteria:

a.

How the proposed amendment would conform to the Comprehensive Plan and its related elements, as provided under Section 17-1-9 of the Mississippi Code of 1972, As Amended.

b.

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

c.

What 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 Official Zoning Map appropriate.

d.

Demonstrate the Public Need for the proposed zone district amendment.

6.

Any proposed amendments, supplements, change, modification, or repeal shall be first submitted to the Planning Commission for its recommendations and report and the Planning Commission shall hold a public hearing thereon.

7.

The Planning Commission shall make its recommendation on such request for any amendment, supplement, change, modification, or repeal to the Governing Authority, and the Governing Authority shall proceed to hold a public hearing in relation thereto after giving 15 days notice of the hearing in an official newspaper specifying the time and place for said hearing.

8.

The Governing Authority may refer the application back to the Planning Commission for additional study before final decision; however, no notice other than for the first public hearing need be given.

9.

Upon the submission of an application for a rezoning, and a determination by the Governing Authority that said application should be denied, the Governing Authority shall not accept a subsequent application to the rezone the same property or any part thereof to the same classification until the expiration of twelve (12) months from the date of the decision of the Governing Authority denying said applicant.

10.

No amendment to the Official Zoning Map or the text of this Ordinance shall become effective until an Ordinance amending same, and based on findings of fact, has been passed by the Governing Authority, and subsequently published at least one time in a newspaper of local circulation.

1.

Subject to the provisions of this Section, the Governing Authority may by resolution grant a conditional use permit for the uses enumerated as conditional uses in any zone district as herein qualified and 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.

2.

An application for a conditional use permit for uses authorized by this Ordinance shall be made to the Planning Commission. A public hearing shall be held, after giving at least 15 days notice of the hearing in an official paper specifying the time and place for said hearing. The Planning Commission shall investigate all aspects of the application giving particular regard to whether the proposed conditional use will:

a.

Substantially increase traffic hazards or congestion;

b.

Substantially increase fire hazards;

c.

Adversely affect the character of the neighborhood;

d.

Adversely affect the general welfare of the City;

e.

Overtax public utilities or community facilities;

f.

Be in conflict with the Comprehensive Plan.

3.

Upon receipt of written findings concerning the proposed conditional use from the Planning Commission, the Governing Authority shall make a determination as to whether or not a conditional use permit should be issued. However, the Governing Authority shall not grant a conditional use permit unless satisfactory provisions have been made concerning the following:

a.

Off-street parking and loading areas;

b.

Refuse and service areas;

c.

Utilities, with reference to locations, availability, and compatibility;

d.

Screening and buffering with reference to type, dimensions, and character;

e.

Required yards and other open space;

f.

General compatibility with adjacent properties and other property in the zone district;

g.

Any other provisions deemed applicable by the Governing Authority.

4.

Every applicant for a conditional use permit shall submit a site plan in accordance with ARTICLE V, Section P.

5.

Any proposed conditional use shall otherwise comply with all the regulations set forth in this Ordinance for the zone district in which such use is located.

6.

Time limit.

1.

The Governing Authority shall establish a schedule of fees for the issuance of building permits, the processing of applications for site plans, conditional uses, variances, and zoning amendments, and all other matters requiring regulatory review under this Ordinance.

2.

The schedule of fees may be altered or amended only by the Governing Authority.

1.

Appeals from Administrative Interpretation of the Zoning Administration - Any person or persons aggrieved with the administrative interpretation of the Zoning Administrator shall have the right to appeal such interpretation to the Planning Commission. All such appeals shall be in writing.

2.

Appeals from Recommendation of Planning Commission - Any person or persons aggrieved by any decision of the Planning Commission may appeal within 10 days to the Governing Authority and the Governing Authority may affirm, reverse, remand or modify the decision as may be proper. All such appeals shall be in writing. A fee of fifty (50) dollars will be assessed.

3.

Appeal of Decision of Governing Authority - Parties aggrieved by decisions of the governing authority may seek review by a Court of Record as provided by law.