The building inspector as designated by the mayor and aldermen shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the mayor and 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 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 appeals only on appeal from the decision of the building inspector, and that recourse from the decisions of the zoning board of appeals may be made to the mayor and aldermen of the City of Vicksburg.

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

Editor's note— Miss. Code Ann. 1972, §§ 17-1-19 and 17-1-27 are derived from the section cited above.

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. No sign structure or outdoor advertising sign structure shall be erected, added to or structurally altered without a permit therefor issued by the building inspector and until the person engaging in said sign business shall file with the city clerk evidence of liability insurance coverage for property damages and personal injury, the adequacy of said insurance coverage to be determined by the mayor and aldermen and in conformity with the provisions of the building code.

(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 issue for any purpose which does not comply with the provisions of this ordinance. One (1) 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 (1) 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 (3) months to apply for certificate of zoning compliance. Failure to make such application within three (3) months or within ten (10) days after notification, whichever shall be later, 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 (6) 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 ninety (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 work 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 thereof.

Cross reference— Buildings and building regulations, Ch. 6.

(502.1) The zoning board of appeals is hereby established and shall consist of the seven-member planning commission appointed by the mayor and aldermen of the City of Vicksburg.

(502.2) The zoning board of appeals shall schedule at least one (1) meeting each month. Such meetings may be scheduled on the same date and in the same place as the regularly scheduled meeting of the planning commission.

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 on the minutes. The final disposition of appeals shall be by recorded resolution setting forth the reasons of the board therefor, all of which shall be of public record.

(502.3) The following filing fees are established for handling, publishing and processing zoning matters before the zoning board of appeals and the mayor and aldermen of the City of Vicksburg:

a.

Zone amendment application .....$150.00

b.

Special exception application .....100.00

c.

Variance application .....100.00

d.

Postponement by petitioner .....50.00

e.

Renewal of special exception .....50.00

f.

Planned unit development .....300.00

g.

Reserved .....

h.

Wireless communications tower .....500.00

(502.4) An appeal stays all proceedings in furtherance of the action appealed from, unless the office 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.

(Ord. No. 79-10, 10-1-79; Ord. No. 84-10, 9-10-84; Ord. No. 96-5, § 57, 9-25-96; Ord. No. 2004-18, §§ 1, 2, 10-18-04; Ord. No. 2005-23, §§ 1—3, 11-23-05; Ord. No. 2006-12, § 1, 7-25-06)

Cross reference— Administration generally, Ch. 2; planning commission, § 19-21 et seq.

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

(503.1) Administration 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.

(503.2) Special exceptions, conditions governing applications and procedures. The zoning board of appeals shall hear and decide only such special exceptions as the board 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 zoning board of appeals unless and until the following conditions shall be met:

(503.2-1) 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.

(503.2-2) A public hearing shall be held. Any party may appear in person or by agent or attorney.

(503.2-3) Notice shall be given at least fifteen (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. Notice of such hearings shall be published in the local newspaper one (1) time at least fifteen (15) days prior to the public hearing.

(503.2-4) The board shall make a finding that it 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.

(503.2-5) In granting any special exception, 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 special exception is granted, shall be deemed a violation of this ordinance and punishable under Section 505 of this ordinance. The board shall prescribe a time limit within which the action for which the special exception 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 special exception.

(503.3) Variances, conditions, governing application procedures. To authorize upon appeal 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 appeals unless and until the following conditions are met:

(503.3-1) 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 the applicant will suffer some unusual hardship from the literal enforcement of the provisions of this ordinance different from and greater than that suffered by other property owners 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.

(503.3-2) A public hearing shall be held. Any party may appear in person or by agent or by attorney.

(503.3-3) Notice of public hearing shall be given as in [sub]section (503.2-3) herein.

(503.3-4) The board shall make findings that the requirements of [sub]section (503.3-1) have been met by the applicant for a variance.

(503.3-5) 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.

(503.3-6) 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 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.

(503.4) Decisions of the board. In exercising the above-mentioned powers, the board may, as long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, 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 powers of the building inspector from whom the appeal is taken.

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variance in the application of this ordinance.

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 not more than one hundred dollars ($100.00) 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 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.

(506.1)

Purpose and intent. The purpose of this section is to outline the application procedures and decision-making standards for administrative permits.

(506.2)

Administrative permit application procedures. For the expeditious handling of relatively minor land use situations requiring more than a routine consideration, an administrative permit is required. In the event anyone wishes to construct or put property to a use permitted only by administrative permit, then that person must make application for an administrative permit on a form supplied by the zoning administrator. The zoning administrator must then review the application in accordance with this ordinance and approve or deny the permit. No public hearing is required. Review standards are as follows:

1.

The zoning administrator must first determine if the proposed use is in harmony with the purpose and intent of this ordinance.

2.

The zoning administrator must then determine if the proposed use is in harmony with the purpose and intent of the district.

3.

The zoning administrator may require conditions to be met to make the use compatible with the district.

(506.3)

Administrative interpretation, determination, application procedures and review standards.

1.

Administrative interpretation of new and unlisted uses. It is recognized that new types of land use will develop and forms of land use not anticipated and listed may seek to locate in the City of Vicksburg. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(A)

Questions concerning any new or unlisted use shall be referred to the zoning administrator requesting an interpretation as to the zoning classification into which the use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves such characteristics as dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated, the general requirements for public utilities such as water and sanitary sewer, and the degree of compatibility of the use.

(B)

The zoning administrator shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts wherein such use should be permitted.

(C)

The zoning administrator shall keep a permanent record of the findings and determination for future reference.

(D)

The zoning administrator may, upon his own initiative, make such a determination.

(E)

Negative findings by the zoning administrator may be appealed to the zoning board on grounds of error in his determination.

(F)

Upon making his determination, and if there is no appeal, the zoning administrator shall notify any other officer or agency of the city likely to be affected by such ruling. In particular, the zoning board shall be notified where the determination involves matters upon which it is authorized to act.

(G)

Decisions of the zoning administrator shall be deemed final unless a written appeal is filed in accordance with the procedures below.

(506.4)

Status of administrative decision; time limits on appeal; filing of appeal. Decisions of the zoning administrator shall be deemed final unless, within not more than ten (10) working days of the date such decision was rendered, a notice of appeal is filed. Such notice of appeal, specifying the grounds thereof, shall be filed with the city clerk.

(506.5)

Notice of appeal to board of zoning appeals. Such notice shall contain the following:

1.

Name, address, and telephone number of the person aggrieved or the name of the office, department, or bureau affected.

2.

Name of the department, office, or bureau responsible for the order, requirement, decision, or determination appealed.

3.

A statement setting forth the order, requirement, decision, or determination appealed and the date thereof.

4.

If applicable, a statement setting forth the provision of this zoning ordinance with which the order, requirement, decision or determination is inconsistent and the nature of the inconsistency.

5.

A notice filed by a department or division shall be authorized by the head of the department/division.

(Ord. No. 96-5, § 58, 9-25-96)