Southaven City Zoning Code
CHAPTER 3
- PLANNING AND DESIGN REVIEW COMMISSION AND BOARD OF ADJUSTMENT2
Editor's note— Res. of June 2, 2009(1), amended ch. 3 in its entirety to read as herein set out. Former ch. 3, §§ 13-3(a)—13-3(g), was entitled, "Planning Commission and Board of Adjustment".
Sec. 13-3(a).- Created; members of planning and design review commission.
The planning and design review commission is hereby created. The commission shall be appointed by the governing authority for a term of office concurrent with the term of office of the governing authority. Vacancies shall be filled for the unexpired term of any member.
(Res. of 6-2-09(1))
Sec. 13-3(b). - Rules of procedure, meetings for planning and design review commission.
The planning and design review commission shall adopt rules for the conduct of its business, establish a quorum and procedures and keep a public record of all findings and decisions. Meetings shall be at the call of the chairman and at such other times as the board may determine.
(Res. of 6-2-09(1))
Sec. 13-3(c). - Powers, duties of the planning and design review commission.
The planning and design review commission shall have the following powers and duties:
(1)
The planning and design review commission shall act as a recommendation board to assist decision making processes for the governing authority.
(2)
It is the duty of the planning and design review commission to determine all requirements and regulations are met by applications according to the adopted zoning ordinance. It is not the duty of the planning commission to incorporate personal opinion into the decision making process.
(3)
It is the duty of the planning and design review commission to review all applications for design to include exterior facade, including lighting of immediate area and landscape design for approval. If the commission determines such structure or alteration is excessively similar or dissimilar to existing buildings and makes a specific finding that the structure or alteration as proposed would provoke harmful effects and that their finding is not based on personal preferences to taste, choice, architectural style or design, then the application for a approval may be denied.
(Res. of 6-2-09(1))
Sec. 13-3(d). - Created; members of board of adjustment.
The board of adjustment are hereby created. The board shall be appointed by the governing authority for a term of office concurrent with the term of office of the governing authority. Vacancies shall be filled for the unexpired term of any member. The governing authority may direct that the planning commission serve as the board of adjustment.
(Res. of 6-2-09(1))
Sec. 13-3(e). - Rules of procedure, meetings for board of adjustment.
The planning commission shall adopt rules for the conduct of its business, establish a quorum and procedures and keep a public record of all findings and decisions. Meetings shall be at the call of the chairman and at such other times as the board may determine.
(Res. of 6-2-09(1))
Sec. 13-3(f). - Powers, duties of the board of adjustment.
The board of adjustment shall have the following powers and duties:
(1)
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the office of planning and development in the enforcement of this chapter.
(2)
To authorize upon appeal in special cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the board of adjustment unless and until:
a.
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 district.
2.
That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter.
3.
That 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 privilege that is denied by this chapter to other lands, structures or buildings in the same zoning district.
b.
A public hearing shall be held after giving at least fifteen (15) days' notice of the hearings in an official newspaper, specifying the time and place for the hearing.
c.
The board of adjustment shall make findings that the requirements of subsection (2)a. of this section 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 chapter. In granting a variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. 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 chapter and punishable under this chapter.
(Res. of 6-2-09(1))
Sec. 13-3(g). - Appeals from decisions.
Any person or persons aggrieved by any decision of the planning and design review commission and the board of adjustment may appeal in writing within ten (10) days to the governing authority and the governing authority may affirm, reverse, remand or modify the decision as may be proper. Parties aggrieved by decisions of the governing authority may seek review by a court of record as provided by law.
(Res. of 6-2-09(1))
Sec. 13-3(h). - Procedures for application.
(a)
Applications. Applications may not be accepted after the first working day of the month preceding the regularly scheduled meeting, which is held on the last Monday of each month, and shall be accompanied by two (2) sets of plans with specifications folded to eight and one-half (8½) by eleven (11) inches in size and one (1) digital copy with a completed application form and an application fee as established by the mayor and board of aldermen.
(b)
Timetable. The design review board shall have twenty-one (21) calendar days from the date of official review of the official review of the application to review and make its determination. Any person aggrieved by an action of the design review commission may appeal its decision to the mayor and board of aldermen of the city by filing a written notice of appeal within ten (10) calendar days of the date of the action by the design review board.
(c)
Approval. Upon favorable approval of the planning and design review commission, building permit applications may be started, provided all other requirements for the issuance of a building permit have been met, unless governing authority approval is required.
(d)
Compliance with zoning ordinances and subdivision regulations. Design review approval does not relieve the applicant of compliance with the existing zoning ordinance and subdivision regulations or any additional applications required for the future development of said site.
(e)
Authority to waive requirements. The office and planning and development shall have the authority to waive all or part of this section if the proposed alteration of an existing structure does not exceed ten (10) percent of the value of that existing structure.
(Res. of 6-2-09(1))