The building inspector as designated by the mayor and board of aldermen shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the mayor and board of aldermen direct.

If the building inspector finds that any of the provisions of this ordinance are being violated, he shall notify, in writing, the person responsible for such violation and order the action necessary to correct it. He shall order discontinuance of illegal uses of land, buildings, structures or signs; removal of illegal buildings, structures, signs or additions, alterations or structural changes thereto; 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.

It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the building inspector and that such questions shall be presented to the zoning board of adjustment only on appeal from the decision of the building inspector, and that recourse from the decisions of the zoning board of adjustment may be made to the mayor and board of aldermen of the City of Newton.

Any person aggrieved at the finding of the mayor and board of aldermen after an appeal from the zoning board of adjustment has been transmitted to the mayor and board of aldermen and a hearing has been had therefor, shall have the right of appeal from the findings of the mayor and board of aldermen in the manner provided for in Section 3596, Mississippi Code of 1942, [as] amended.

Cross reference— Officers and employees, § 2-31 et seq.

Building permits shall be issued in accordance with the following provisions:

501.1 Building permits required. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the building inspector. Only building permits that conform with the provisions of this ordinance shall be issued, except after written order from the zoning board of adjustment.

501.2 Application for building permits. All applications under any ordinance of this city for building permits, whether to erect, add to, move or structurally alter any building, shall hereafter include plans in triplicate drawn to scale showing the actual dimensions and shape of the lot to be built upon and including thereon, in addition to other requirements existing, the location, dimensions, grades, elevations and street ingress or egress location or locations, of the off-street parking required under this ordinance. No building permit shall [be] issue [issued] for any purpose which does not comply with the provisions of this ordinance.

One copy of the plans shall be returned to the applicant by the building inspector after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The remaining copies of the plans, one of which shall be placed in a permanent file, shall be retained by the building inspector.

501.3 Certificates of zoning compliance for new, altered or nonconforming uses and/or structures. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use of structures until a certificate of zoning compliance shall have been issued therefor by the building inspector stating that the proposed use of the building or land conforms to the requirements of this ordinance.

No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of zoning compliance shall have been issued by the building inspector. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of zoning compliance. Failure to make such application within three months or within ten days after notification shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this ordinance.

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.

A temporary certificate of zoning compliance may be issued by the building inspector for a period not exceeding six months during alterations or partial occupancy of a building, pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

The building inspector shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person at a cost of reproduction.

Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance and punishable under Section 505 of this ordinance.

501.4 Expiration of building permit. If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire and be cancelled by the building inspector, and written notice thereof shall be given to the persons affected, together with notice that further works as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.

501.5 Construction and use to be as provided in applications, plans, permits and certificates of zoning compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the building inspector authorize only the use, arrangement and construction set forth in such approved plans and applications, and any other use, arrangement or construction at variance with that authorized shall be deemed [a] violation of this ordinance and punishable as provided by Section 505 hereof.

502.1 A zoning board of adjustment is hereby established, which shall consist of five members appointed by the mayor and board of aldermen.

502.2 The personnel of the board shall have at least one member of the planning commission. The city attorney shall serve as legal counsel for the board for the purpose of interpreting the provisions of this ordinance and giving legal advice upon request of the board.

Editor's note— Section 502.2 appears as amended by Ord. No. A-61, § 1, passed June 1, 1976.

502.3 Initially one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year. Each year after the first year, a new member shall be appointed, and such appointment shall be for a period of five years. Members may be appointed to succeed themselves.

502.4 Any member of the board may be removed, for cause, by the mayor and board of aldermen upon preference of written charges and after a public hearing if such is requested in writing by the member. The vacancy so created shall be filled by the mayor and board of aldermen for the unexpired term only.

502.5 Members of the board shall receive no compensation for their services, as such.

502.6 The board shall select one of its members to serve as chairman and one to serve as vice-chairman, and may adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance; but such rules and regulations shall have the approval of the mayor and board of aldermen.

502.7 Scheduled meetings of the board shall be held each month during the fourth week of the month; provided, however, there being no business to come before the board, such meeting may be postponed at the discretion of the chairman until the next scheduled meeting.

The board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, the fact of such absence or failure to vote shall be spread upon the minutes. The final disposition of appeals shall be by recorded resolution setting forth the reasons of the board therefore, all of which shall be of public record.

All meetings shall be held at a regular place, to be designated by the mayor and board of aldermen and shall be open to the public.

502.8 An appeal from the decision of the building inspector on matters appertaining to this ordinance may be taken to the zoning board of adjustment by any person aggrieved or by any office, department, board or bureau of the city affected by such decision. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken, and with the board of adjustment, a notice of such appeal specifying the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the board all papers or certified reproductions thereof, constituting the record from which the appealed action was taken.

502.9 An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such cases, proceedings shall not be stayed except by a restraining order, which may be granted by the board or by a court of record, on notice to the officer from whom the appeal is taken, and on due cause shown.

Cross reference— Administration, ch. 2.

The building inspector is hereby designated by the mayor and board of aldermen, acting pursuant to MCA 1972, § 17-1-17, as amended, as the person before whom the hearing provided for herein shall be held and said building inspector shall have the following additional powers and duties:

503.1 Special exceptions, conditions, governing applications and procedures. The building inspector shall hear and decide only such special exceptions as the building inspector is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the building inspector unless and until the following conditions shall be met:

503.11 A written application for a special exception is submitted, indicating the section of this ordinance under which the special exception is sought and stating the ground upon which it is requested.

503.12 A public hearing shall be held. Any party may appear in person or by agent or attorney.

503.13 Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which exception is sought or his agent shall be notified by mail, unless he is the applicant. Notice of such hearings shall be posted at the city hall and published in the local newspaper 15 days prior to the public hearing.

503.14 The building inspector shall make a finding that he is empowered under the section of this ordinance described in the application to grant or refuse the special exception, and that the granting of the special exception will not adversely affect the public interest.

503.15 In granting any special exception, the building inspector 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 special exception is granted, shall be deemed a violation of this ordinance. The building inspector shall prescribe a time limit within the action for which the special exception is required shall be begun and completed, or both, such action within the time limit set, shall void the special exception.

503.16 The zoning board of adjustment shall review all special exceptions (except for mobile homes) granted or denied by the building inspector and shall finally approve or disapprove of the same. (Ord. No. A-130, 11-7-1995)

503.2 Variances, conditions, governing applications, procedures. The zoning board of adjustment may authorize 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 zoning board of adjustment unless and until the following conditions shall be met.

503.21 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 not applicable to other lands, structures or buildings in the same zone;

2.

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

3.

That the 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 use or other privilege that is denied by this ordinance to other lands, structures or buildings in the same zone.

No nonconforming use of neighboring lands, structures or buildings in the same zone and no permitted use of lands, structures or buildings in other zones shall be considered grounds for the issuance of a variance.

503.22 A public hearing shall be held. Any party may appear in person or by agent or by attorney.

503.23 An investigation shall be made by the building inspector, who shall make a recommendation to the zoning board of adjustment prior to the hearing. The findings of the zoning board of adjustment shall reflect that it has received and considered the recommendation of the building inspector.

503.24 Notice of public hearing shall be given as in Section 503.13 herein.

503.25 The board shall make findings that the requirements of Section 503.21 have been met by the applicant for a variance.

503.26 The board shall further make a finding that the reasons set forth in the application justify the granting of the variance, before authorizing such variance that will make possible the reasonable use of the land, building or structure.

503.27 The board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

In granting any variance, the board 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 under Section 505 of this ordinance.

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

The zoning board of adjustment shall have the following powers and duties in all districts:

503.3 Administrative review. To hear and decide appeals where there is an alleged error in any order, requirement, decision or determination made by the building inspector in the enhancement of this ordinance.

503.31 Appeals. Appeals to the zoning board of adjustment shall be in accordance with Sections 502.8 and 502.9 of this ordinance and the board shall have the same powers and duties with regard to reviewing special exceptions granted or denied by the building inspector as hereinabove granted to the building inspector in Section 503.1 of this ordinance.

(Ord. No. A-82, § 6, 1-23-1979; Ord. No. A-92, 1-18-1983)

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the building inspector. The building inspector shall properly record such complaint, immediately investigate and take action thereon as provided by this ordinance.

Violation of the provisions of this ordinance, or failure to comply with any of its requirements, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $100.00, or imprisoned for not more than 30 days, or both, and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues following conviction shall be considered a separate offense.

The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

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