Zoneomics Logo
search icon

Picayune City Zoning Code

ARTICLE XIII

LEGAL STATUS PROVISIONS

Section 1301.- Interpretation and conflict.

In interpretating and applying the provisions of this ordinance, the provisions shall be held to the minimum requirements necessary to uphold the purpose of this ordinance. It is not intended by this ordinance to interfere with or abrogate or annual any easements, covenants or other agreements between parties, provided, however, where this ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires more open spaces than required by other resolutions, ordinance, rules or regulations, or by easements, covenants or agreements, the provisions of this ordinance shall govern. When the provisions of any other statue require more restrictive standards than are required by the regulations of this ordinance, the provisions of such statue shall govern.

Section 1302. - Violation.

In case any building is erected, constructed, reconstructed, altered, repaired, or converted, or any building or land is used in violation of this ordinance, the building inspector is authorized and directed to institute any appropriate action to put an end to such violation.

Section 1303. - Penalty.

It shall be unlawful to construct, reconstruct, alter, change the use of, or occupy any land, building or other structure without first obtaining the appropriate permit from the building inspector; and such building inspector shall not issue any permit unless the requirements of this ordinance and of any ordinance or resolution adopted pursuant to it, are complied with.

Violation of this ordinance or resolution adopted pursuant to the provisions of this act is hereby unlawful and an offenders shall be liable to a fine of:

1.

First offense—Warning by certified letter giving a ten-day notice to correct violation, with exception of violation of section 308 buffer screens, a warning by certified letter giving a 60-day notice to correct violation.

2.

Second offense—A fine of $150.00.

3.

Third offense or any subsequent offense or failure to pay fine within seven calendar days from the date of issue to the city clerk shall cause the building inspector to initiate a warrant before the city judge and upon conviction of violation of this section the owner shall be punished as provided by city ordinance and state law.

In case any building or structure is, or is proposed to be erected, constructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of this ordinance, the building inspector or any adjacent or neighboring property owner, who would be especial damaged by such violation, may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure, or land.

(Ord. No. 606, § 1, 5-5-1988; Ord. No. 628, § 1, 11-6-1990)

Section 1304. - Validity.

Should any section, paragraph, subdivision, clause, phrase or provision of this ordinance be adjudged invalid or held unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of this ordinance as a whole or any part or provisions thereof, other than the part so decided to be invalid or unconstitutional.

Section 1305. - Repeal of conflicting ordinances.

All ordinances and parts of ordinances in conflict herewith are repealed to the extent necessary to give this ordinance full force and effect.

Section 1306. - Effective date.

After the publication and acceptance by the planning commission of these regulations and a public hearing held thereon as provided by Section 3593, Mississippi Code of 1942, as amended, this ordinance regulating the zoning of land in the incorporated area of Picayune, Mississippi, shall be in full force and effect 30 days from and after the date of its passage by the City Council of Picayune, Mississippi.