In pursuance of the authority conferred by the Mississippi Code Annotated section 17-1-1 thru section 17-1-27 as amended and section 17-1-37 as amended, and for the purposes of providing for the continuation of the ZONING BOARD after adoption of SmartCode Zoning and the continuing requirements for Public Hearings prior to approvals of any Variance or changes to the SmartCode Zoning text, maps containing Special Requirements under SmartCode, or other zoning ordinances adopted by the city under the authority here cited in the Mississippi Code authorizing cities to adopt zoning ordinances, the MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PASS CHRISTIAN, MISSISSIPPI HEREBY ORDAIN AND ENACT INTO LAW THE FOLLOWING ARTICLES AND SECTIONS.

(Ord. No. 603, art. I, 2-6-2008)

This ordinance shall be known and may be cited as "The Zoning Administration Ordinance of the City of Pass Christian, Mississippi."

(Ord. No. 603, art. II, 2-6-2008)

The Board of Zoning Adjustment (Zoning Board) previously existing as prescribed in ARTICLE X of Ordinance # 351 (the previous Zoning Ordinance of the City of Pass Christian) is hereby continued under this ordinance. Any member of the Zoning Board serving at the time of the adoption of this ordinance shall continue to serve until the end the year in which his current term ends or until his successor is duly appointed and qualified. The Zoning Board shall consist of five (5) members appointed by the Mayor and confirmed by the Board of Aldermen. These members shall be appointed to three-year terms, except one member shall also serve as a member of the Planning Commission shall be appointed to a four-year term to run concurrently with their term on the Planning Commission.

Members of the Zoning Board may be removed from office by the Mayor and Board of Aldermen for cause upon written charges and after public hearings.

Vacancies shall be filled by appointment by the Mayor and confirmation by the Board of Aldermen for the unexpired term of the member affected. Members of the Zoning Board shall serve without pay but may be reimbursed for expenses incurred in the performance of official duties. Members of the Zoning Board shall not hold elected or full-time public office in the city.

(Ord. No. 603, art. III, § 3.1, 2-6-2008)

The Zoning Board shall elect a Chairman and a Vice Chairman, each of whom shall serve for one (1) year or until he is re-elected, or his successor is elected. The Zoning Board shall adopt rules for the conduct of its business. The Zoning Board shall appoint a Secretary, who may be an officer or employee of the city.

Meetings of the Zoning Board shall be held at the call of the Chairman and at such other times as the Zoning Board may determine. The Chairman, or in his absence, the Vice Chairman, may administer oaths and compel the attendance of witnesses by subpoena. No member of the Zoning Board shall participate in the hearing in which he has any pecuniary or special interest. All meetings of this Zoning Board shall be open to the public.

The Zoning Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Zoning Board and shall be a public record.

A quorum for a meeting of the Zoning Board shall be a majority of the membership. All actions by the Zoning Board shall be by the vote of a majority of members present and voting in any meeting where a quorum is present.

(Ord. No. 603, art. III, § 3.2, 2-6-2008)

Appeals to the Zoning Board may be taken by any person aggrieved or by any officer, department, board, commission, or bureau of the City of Pass Christian, affected by any decision of the Zoning Enforcement Officer. Such appeal shall be taken not more than fifteen (15) days from the date of the decision of the Zoning Enforcement Officer by filing a notice of appeal with the Zoning Enforcement Officer. Every appeal or application shall refer to the specific provision of any zoning ordinance involved and shall set forth the interpretation that is claimed that the variance shall be granted, as the case maybe, and accompanied by a plat or plan, drawn to scale, showing the actual dimensions of the parcel of land to be built upon and used, the size of any building to be erected, and the location of the building upon the lot, the materials to be used and other such information as may be deemed necessary to provide full information regarding intended use. The Zoning Enforcement Officer shall forthwith transmit the appeal or application to the Zoning Board together with all papers constituting the record upon which the action appealed from was taken.

The Zoning Board shall fix a reasonable time for the hearing of appeals or other matters referred to it and give at least fifteen (15) days' notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon a hearing, any party may appear in person, by agent, or by attorney.

(Ord. No. 603, art. III, § 3.3, 2-6-2008)

An appeal to the Zoning Board stays all legal proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer certifies to the Zoning Board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificates a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board or by a court of record upon proper application, on due notice to the Zoning Enforcement Officer from whom the appeal is taken and on due cause shown.

(Ord. No. 603, art. III, § 3.4, 2-6-2008)

The Board of Zoning Adjustment (Zoning Board) shall have the following powers and duties:

3.5.1

Administrative Reviews:

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Enforcement Officer in the enforcement of any zoning ordinance, pertaining to issues that may be raised in a request for a variance.

3.5.2

Variances:

To authorize upon appeal in specific cases such variances from the terms of any zoning ordinance as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of any zoning ordinance will, in an individual case result in unnecessary hardship, so that the spirit of any zoning ordinance shall be observed, public safety and welfare secured, and substantial Justice done. Such variances may be granted in such case bf unnecessary hardship upon a finding by the Board of Zoning Adjustment that all of the following conditions exist:

3.5.2.1

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other lands or structures in the same district.

3.5.2.2

A literal interpretation of the provisions of any zoning ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.

3.5.2.3

Granting the variance requested will not confer upon applicant any special privileges that are denied to other residents of the district in which the property is located.

3.5.2.4

The requested variance will be in harmony with the purpose and intent of the Zoning ordinances and will not be injurious to the neighborhood or to the general welfare.

3.5.2.5

The special circumstances are not the result of the actions of the applicant.

3.5.2.6

The existence of a nonconforming use of 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 requested variance.

3.5.2.7

The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.

3.5.2.8

A variance is an adjustment in the terms of the zoning regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of a zoning ordinance would result in unnecessary and undue hardship. As used pertaining to the zoning regulations, a variance is authorized only for height and size of structure, size of yards and open spaces, number and species of trees required to be replanted, or permanent placement of manufactured buildings which may meet certain federal safety regulations but may not meet structural requirements of the International Building Code in areas subject to hurricane force winds and tidal action; and such other matters as may be specified by ordinance.

3.5.3

Public Hearing:

3.5.3.1

The owner of the property for which the Variance is sought, or his agent shall be notified by mail of at least fifteen (15) days in advance of public hearing. A notice shall be mailed not less than fifteen (15) days prior to the date of such hearing, to the owner of all properties within a radius of one hundred and sixty (160) feet of the external boundaries of the property described in the application for the variance, using for this purpose the last-known name and address as shown on the tax roll of Harrison County. Notice of such hearing shall be posted on the property for which the variance is being sought, at the City Hall, and in one other public place at least fifteen (15) days prior to the public hearing, and data pertinent to the variance being sought shall be given in a local newspaper with general circulation in the community at least fifteen (15) days before the hearing.

3.5.3.2

The Board of Zoning Adjustment shall make a finding that it is empowered under the section of this ordinance described in the application to grant the variance, and that the granting of the variance will not adversely affect the public interest.

3.5.3.3

In granting any variance, the Board of Zoning Adjustment may prescribe appropriate conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of a zoning ordinance and punishable under section 6.1 of this ordinance. The Board of Zoning Adjustment shall prescribe a time limit within which the action for which the variance is required shall be begun or completed or both. Failure to begin or complete, or both, such action within the time limit set shall void the variance.

The Zoning Board may, when in the public interest, grant a variance without a public hearing, in which case no filing fee will be required, to allow the use of a lot for either zone in the case of a lot divided by a zone boundary and which it would not be practical to divide into separate lots in the different districts.

(Ord. No. 603, art. III, § 3.5, 2-6-2008)

In exercising the above mentioned powers, the Board of Zoning Adjustment by the concurring vote of a majority of members present and voting may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from; and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the official from which appeal is taken, but in no way shall these powers be construed to permit said Zoning Board to amend any portion of any zoning ordinance or make any change on any Official Zoning Map.

(Ord. No. 603, art. III, § 3.6, 2-6-2008)

Any person or persons, jointly or severally aggrieved by any decision of the Board of Zoning Adjustment and any taxpayer, or any officer, department, board, bureau or commission of the City of Pass Christian, may within ten (10) days after the filing of the decision in the Office of the Board, but not thereafter, seek review of such decision by the Mayor and Board of Aldermen. Decisions by the Mayor and Board of Aldermen may be appealed within ten (10) days to the Circuit Court or court of like jurisdiction or otherwise as provided by law. In case of such appeal the Mayor and Board of Aldermen shall cause a transcript of the proceedings in the cause to be certified to the court to which the appeal is taken and the cause in such court shall be tried on the record.

(Ord. No. 603, art. III, § 3.7, 2-6-2008)

The Planning Commission is hereby vested with the power and duties to conduct hearings regarding requests for use variances as such term is defined herein. To the extent practicable, these hearings shall be conducted pursuant to the same requirements for notice and hearing as provided for variances before the Zoning Board in section 3.5.3. Appeals from Use Variance rulings of the Planning Commission shall be as outlined in section 3.7 for appeals from decisions of the Zoning Board.

For the purpose of a hearing under this article, the Chairman, or in his absence, the presiding officer of the Planning Commission, may administer oaths and compel the attendance of witnesses by subpoena. No member of the Planning Commission shall participate in any hearing in which he has a pecuniary or special interest.

A Use Variance is an adjustment in the terms of the zoning regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the applicant, a literal enforcement of any zoning ordinance would result in unnecessary and undue hardship. As used pertaining to the zoning regulations, a use variance is authorized only allow repair, continuation, or expansion of a nonconforming use; the establishment of a new use not considered when the existing regulations were established; or to allow use of newly developed building materials or techniques unknown when the regulations were adopted.

(Ord. No. 603, art. III, § 3.8, 2-6-2008)

The Mayor and Board of Aldermen 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, T-Secs, and maps established under the Smart Code Zoning Ordinance or other Ordinances setting zoning requirements. All amendments shall be forwarded to the Planning Commission for their review, comments, and recommendations to the Mayor and Board of Aldermen.

No change in regulation, restrictions or district boundaries shall become effective until after a public hearing is held by the Planning Commission, at which interested agencies 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.

Each amendment shall be voted upon in accordance with local ordinances or state statutes. In a case of a protest against a change in a Zoning or regulating map, if the Planning Commission has advised against a proposed change or if a protest against a map change is presented and is signed by the owners of twenty (20) percent or more either of the area under consideration for change, or of the number of lots included in such proposed change, or of the number of lots within a radius of one hundred sixth (160) feet of the area in such proposed map change, such amendments shall not become effective except by the favorable vote of two-thirds of all the members of the Board of Aldermen of the City of Pass Christian, Mississippi.

(Ord. No. 603, art. IV, § 4.1, 2-6-2008)

Under this ordinance the Mayor and Board of Aldermen shall have the duties of (1) considering the adopting or rejecting proposed amendments or the repeal of this or any other zoning ordinance existent in the City of Pass Christian as provided by law, and (2) of establishing a schedule of fees and charges as stated in section 5.2.

(Ord. No. 603, art. V, § 5.1, 2-6-2008)

A reasonable schedule of fees shall be established by a resolution properly adopted and spread on the minutes of the Mayor and Board of Aldermen for building permits, certificates of occupancy, certificates of zoning compliance, appeals, applications for variances, applications for any zoning text or map change or other matters pertaining to zoning or building codes. An applicant for each zoning amendment petition shall pay the established fee to cover the cost of legal publication and processing. Applications to change official maps or for variances shall include the following information for each parcel of property (1) within the area to be considered for rezoning or variance, and (2) property within one hundred and sixty (160) feet of the area to be considered for rezoning or variance: the tax parcel number, owners name, and owners address of record on the current Land Rolls of Harrison County. A separate per parcel fee to pay for mailing notices to parcel owners shall be due in addition to the base fee to cover legal advertising for a zoning map change or variance hearing. The schedule of fees shall be posted in the office of the City Clerk and the office of the Zoning Enforcement Officer.

No permit, certificate, or notice of a hearing for a variance or zoning change shall be issued unless or until such cost, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Zoning Board, The Planning Commission, or the Mayor and Board of Aldermen, unless or until preliminary charges and fees have been paid in full.

(Ord. No. 603, art. V, § 5.2, 2-6-2008)

Any person violating any provision of any zoning ordinance of the City of Pass Christian shall be guilty of a misdemeanor and upon conviction shall be punished for each offence by paying a fine not to exceed one thousand dollars ($1,000.00) and/or imprisonment not to exceed the limits according to the State of Mississippi. Each day of such violation shall be deemed a separate offence.

(Ord. No. 603, art. VI, 2-6-2008)