It is the intent of this Ordinance that under this Zoning Ordinance the Board of Mayor and Aldermen shall be the final Zoning Authority of the City of Waveland and shall constitute the City's Zoning Appeals Board.

After a public hearing by, and based on the recommendations of, the Planning and Zoning Commission, the Board of Mayor and Aldermen acting as the final Zoning Authority may upon its consideration authorize the following:

1002.1

Amendments. Pursuant to Article XI, amendments to the regulations and districts herein established.

1002.2

Conditional Uses.

1002.3

Exceptions. Exceptions pursuant to Section 906.2 with respect to zoning district boundary lines, interpretation of the street layout and parking requirements.

1002.4.

Permits for the removal of certain Live Oak and Magnolia Trees.

1002.5.

Schedule of Fees, charges and Expenses. The Board of Mayor and Aldermen shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates, appeals and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the City Clerk and may be revised or amended only by the Board of Mayor and Aldermen. No permit, certificate or variance shall be issued unless, or until, such costs, charges, fees or expenses have been paid in full; nor shall any action be taken on proceedings before the Board of Mayor and Aldermen unless, or until, preliminary charges and fees have been paid in full.

1002.6

Variances. Variances from the terms of this Zoning Ordinance may be authorized in specific cases as may not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of this Zoning Ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such case of unnecessary hardship upon a finding by the Board of Mayor and Alderman that all of the following conditions exist:

A.

There is an 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 structure in the same district.

B.

A literal interpretation of the provision of this Ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.

C.

Granting a 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.

D.

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

E.

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

F.

The existence of a non-conforming use of neighboring land, buildings or structures in the same district, or of permitted or non-conforming uses in other districts shall not constitute a reason for the requested variance.

G.

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

H.

The variance is not a request to permit a use of land, building or structures which are not permitted by right, or by special exception in the district involved.

Acting as the Zoning Appeals Board of the City of Waveland, the Board of Mayor and Aldermen shall consider and make determinations with respect to the following:

1003.1

Administrative Reviews. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official, Zoning Official or Site Plan Review Committee in the administration or enforcement of this Ordinance.

1003.2

Appeals. Appeals to the Board of Mayor and Alderman may be made by any person aggrieved or by any officer, department, commission, committee or bureau of the City of Waveland affected by any decision of the Building Official, Zoning Official or Site Plan Review Committee. Such appeal shall be taken not more than sixty (60) days from date of the decision of the Building Official, Zoning Official or Site Plan Review Committee by filing a notice of appeal with the Zoning Official. Every application for appeal shall include specifics of the appellant's application for a permit; refer to the specific provision of the Ordinance involved; and set forth the appellant's interpretation of the Ordinance and other such information as the appellant deems necessary to provide full information regarding the appeal. The Zoning Official shall forthwith transmit the appeal or application to the Board together with all papers constituting the record upon which the action appealed from was taken. The Board of Mayor and Aldermen shall fix a reasonable time for the hearing of appeals 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.