The Building Official, designated by the Board of Mayor and Alderman, shall receive applications, assist applicants and appellants in the procedures required hereunder, review development plans, inspect premises and issue development permits, building permits and certificates of occupancy.

The Zoning Official, designated by the Board of Mayor and Alderman, shall receive applications, assist applicants and appellants in the procedures required hereunder, review development plans, issue zoning permits and act as Secretary to the Planning and Zoning Commission. The Zoning Official shall also administer the Zoning ordinance, Subdivision Ordinance, and other development related ordinances as necessary in coordination with the Building Official and other City Officials as needed.

803.1

Housing Statistics to be Developed and Maintained. The Building Official and the Zoning Official shall jointly take inventory of and develop and maintain current information on the City of Waveland's housing stock. Such information shall set forth the number of dwelling units per housing type to separately quantify the number of single-family, duplex and multifamily dwelling units within the City of Waveland. Multifamily units shall be considered as three (3) or more dwelling units in one building. Multifamily complexes in excess of twelve (12) units shall be further identified by name and location. Information shall be updated timely as building permits are issued.

803.2

Annual Report Required. Each year no later than the second meeting of the Board of Mayor and Aldermen, the Building Official and the Zoning Official shall provide to the Board of Mayor and Aldermen and to the Planning and Zoning Commission a report on the status of the housing stock as of December 31 of the prior year. At a minimum, such report shall include a current tabulation of the various types of housing within the City and the identity and location of multifamily complexes with more than twelve (12) units and the total number of units in such complexes. The Building Official and the Zoning Official may also submit to the Board of Mayor and Alderman and the Planning and Zoning Commission recommendations with their report, including, but not limited to, possible amendments to the Zoning Ordinance that may be warranted by changing housing trends.

A Land Development Permit issued by the Building Official is required in advance of the initiation of the following activities on any site: clearing, grading, excavation, filling, and temporary or permanent road construction, unless such activities are specifically addressed and permitted pursuant to a Building Permit. Any drainage alteration, including temporary culvert installation proposed to coincide with such activities shall be referred to the Public Works Director for review and permitting.

805.1

Applications for a Land Development Permit for site preparation for small scale developments exempt from the Development Plan review requirements of Section 808 shall include the following:

A.

A site plan, drawn to scale, showing the site boundaries, and existing conditions including, drives, roads, paved areas, structures, natural and manmade drainageways on or abutting the site, rights of way across the property, tree masses, Live Oaks and Magnolia trees that meet the Section 408 preservation requirements.

B.

A site plan showing the proposed site work, including temporary and permanent roads and drives, temporary and permanent culverts, drainage alteration, areas of excavation and fill, trees or tree masses to be cleared, trees to be preserved, and the dimensions and locations of structures and other improvements proposed to be subsequently constructed.

C.

Where feasible, the above plans may be combined.

805.2

Prior to issuing a Land Development Permit, the Building Official must receive from the Zoning Official written verification that the site is appropriately zoned for the activities and uses proposed or that the Board of Mayor and Alderman has conceptually approved a Preliminary Plat for the site.

805.3

Prior to issuing a Land Development Permit, the Building Official must receive from the Public Works Director written verification that the proposed activities are to be conducted consistent with the provisions of the Drainage Ordinance.

805.4

Extensive tree clearing or other site work proposed without any subsequent development proposed and detailed shall be allowed only by Site Plan Committee approval.

805.5

A Land Development Permit shall become invalid unless the work authorized by it shall have commenced within six (6) months of the date of issuance and be cancelled by the Building Official if the work authorized by the permit is not substantially completed within one (1) year of the date of issuance. The Building Official shall give written notice that a permit has become invalid or expired and that further work shall not proceed unless, and until, a new Land Development Permit is issued.

806.1

A building permit issued by the Building Official is required in advance of the initiation of the construction, erection, moving or alteration of any building or structure. The permit shall be issued in accordance with the applicable building code in effect at the time of application.

806.2

No building permit for a structure shall be issued by the Building Official except where:

A.

The Zoning Official has verified in writing that the building site is appropriately zoned for the activities and uses proposed.

B.

The Public Works Director has verified in writing that the proposed work complies with applicable utility requirements and the Drainage Ordinance.

C.

The City Floodplain Manager has verified in writing that the proposed work complies with the Federal Emergency Management Agency (FEMA) Digital Flood Insurance Rate Maps (DFIRM) and the Flood Damage Prevention Ordinances of the City of Waveland.

807.1

All applicants for a building permit shall be accompanied by plans in duplicate and drawn to scale, showing the actual dimensions of the lot to be built upon, the width of the street or streets, upon which the lot fronts or abuts, the setback lines of buildings on adjoining lots, the exact sizes and locations on the lot of buildings already existing, if any, the location and dimension of the proposed building or alteration, the number of dwelling units the building is designed to accommodate, and such other information as may be necessary to provide for the enforcement of this Ordinance. If the proposed excavation, filling, construction or movement as set forth in said plans is in conformity with the provisions of this Ordinance and other Ordinances of the City of Waveland, Mississippi, then in force, the Building Official shall sign and return one (1) copy of the plans to the applicant and shall issue a building permit upon payment of any required fees. The Building Official shall retain one (1) copy of the building permit and one (1) copy of the plans.

807.2

Time Limitations. Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six (6) months of the date of issue, or if the work authorized by it is suspended, or abandoned, for a period of one (1) year. If the work described in any building permit has not been substantially completed within two (2) years of the date of issuance thereof, said permit shall expire and be cancelled by the Building Official, and written notice thereof shall be given to the person 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.

808.1

Purpose. To ensure the compatibility of an overall site design, the existence and provision of adequate community facilities, conformity with the Comprehensive Plan, and compliance with this Zoning Ordinance and ordinances relating to the preservation of drainage and natural resources, larger scale and unique development projects shall undergo a development plan review. This review shall be in addition to and may be performed concurrently with the Building Official's construction review for a Building Permit and with the various review and approval processes of the Planning and Zoning Commission and Board of Mayor and Alderman. Other than site preparation work permitted pursuant to Section 805, no other work shall be permitted on a site until the development plan review process is favorably completed.

808.2

Applicability. Development plan review shall be required for the development of all sites, the proposed development of which embodies or requires one or more of the following:

A.

Conditional use approval.

B.

Developer-requested zoning district change to allow more intensive development.

C.

Amenity Incentives per Section 604.

D.

Subdivision approval.

E.

Special Use District creation.

F.

Density variance approval for duplex or multifamily housing.

G.

A site of more than three (3) acres.

H.

Duplex or multifamily housing developments in excess of twelve (12) units.

I.

Alteration or new construction of a commercial or residential parking area for more than ten (10) vehicles.

J.

Construction of a new commercial structure or an addition to an existing commercial structure, either of which create more than 5,000 square feet of gross floor area.

K.

A capital project of the City of Waveland.

L.

Unique or special site or construction circumstances determined by the Building Official to necessitate a development plan review.

808.3

Site Plan Review Committee.

A.

The Site Plan Review Committee will be promptly established and notice of its establishment and membership will be forwarded to the Planning and Zoning Commission and the Board of Mayor and Alderman in a timely manner.

B.

The Site Plan Review Committee will consist of the following City of Waveland officials or consultants:

1.

Building Official.

2.

Zoning Official.

3.

Fire Chief.

4.

Police Chief.

5.

Public Works Director.

6.

Floodplain Manager.

7.

City Engineer.

C.

The Building Official shall chair the Site Plan Review Committee and schedule and call meetings of the Committee as necessary.

D.

In accordance with the criteria set forth below, the Site Plan Review Committee shall adopt such procedures and schedules as may be required to fulfill the requirements of this ordinance and other municipal ordinances. Once adopted notice of the procedures and schedules shall be timely forwarded to the Planning and Zoning Commission and the Board of Mayor and Alderman.

808.4.

Development Plan Review Processes. In formulating the processes and schedules required in Subsection 808.3, the Site Plan Review Committee shall ensure that:

A.

Once the applicant submits a complete application, the Building Official will review the application within five (5) working days to ensure that no additional information is needed.

B.

The Building Official will call a meeting of the Site Plan Review Committee to be held within seven (7) working days subsequent to the Building Official determining the application is complete.

C.

Within seven (7) working days thereafter, the Site Plan Review Committee shall make a determination with respect to the submittal, which determination shall be either:

1.

Approval of the development plan with such conditions as the Site Plan Review Committee may require; or

2.

Disapproval of the Development plan with the stated reasons for the rejection and recommendations to facilitate further consideration.

D.

Approval and disapproval shall be in writing and include the signatures of all members of the Site Plan Review Committee or their designees. No such notice is valid unless all current members of the Site Plan Review Committee or their designees have signed the notice.

E.

For projects also requiring review by the Planning and Zoning Commission and approval by the Board of Mayor and Alderman, such notices shall be forwarded to the Planning and Zoning Commission and the Board of Mayor and Alderman.

808.5

Development Plan Submittal.

A.

The following information shall, at a minimum, be required to be submitted for site plan review. However, on a case-by-case basis the Building Official may revise the specific information requirements:

1.

A vicinity map locating the site and identifying the nearest dedicated streets.

2.

A boundary description, including the bearings and dimensions of all property lines, existing easements and the total square footage of the site.

3.

A plan showing existing site topography with the degree of specificity to be determined by the Building Official.

4.

A scaled depiction of existing tree masses and identifying any existing Live Oak trees with a trunk size of more than eighteen (18) inches in diameter measured at a point three (3) feet above ground level or a Magnolia tree with a trunk size of more than eight (8) inches in diameter measured at a point three (3) feet above the ground level.

5.

A scaled depiction of streams, ponds, floodplains, flood velocity zones, other bodies of water, wetlands, and natural and manmade drainageways, which drainageways are located on the site or abut the site.

6.

A scaled plan showing the location, height, and floor area of existing structures and structures proposed to be constructed on the site with notations as to intended use of each structure.

7.

A scaled plan showing, as applicable, the arrangement and dimensions of existing and proposed:

a.

Streets and driveways.

b.

Adjacent streets.

c.

Sidewalks.

d.

Points of ingress and egress.

e.

Parking Areas, including number of off-street spaces.

f.

Off-street loading areas.

g.

Other proposed vehicular, bicycle or pedestrian paths.

h.

Signs.

i.

Exterior lighting.

8.

Provisions for handling surface water/storm water drainage and other utility information such as water and sewer service, fire hydrants, street lighting, gas, electrical, telephone and cable.

9.

Provisions for landscaping, including screening, buffering and creating open space.

10.

A description for any proposed dedicating of common, open space areas including ownership, maintenance and preservation thereof.

11.

Proposed stages of project development.

B.

To avoid duplication of review, for projects where the Subdivision Ordinance also applies, the Preliminary Plat submission criteria of the Subdivision Ordinance shall apply when such required information exceeds in scope or detail of that required solely for development plan review.

C.

For projects wherein the proposed activity or use will minimally impact the site, the Building Official may waive submission of information requirements not applicable to a particular project.

808.6

Adherence to Plan. Once the development plan for a property has been approved by the City of Waveland, building permits for improvement of the property shall be issued only in conformity with the development plan. Other than minor construction changes, revisions to the site plan shall require the review and approval of the Site Plan Review Committee, and where applicable, notice to the Planning and Zoning Commission and the Board of Mayor and Alderman.

A Certificate of Occupancy issued by the Building Official is required in advance of occupancy or use of:

809.1

Any lot, or change of use thereof;

809.2

A building hereafter erected, altered or changed in the use of occupancy of an existing building;

809.3

Each nonconforming use created by the passage of, and subsequent amendment to, this Ordinance or its change, extension, alteration, rebuilding thereafter.

The Certificate of Occupancy will state specifically where the occupancy fails to meet the requirements of occupancy. A record of occupancy permits shall be kept on record in the Building Official's office.

If the Building Official shall find that any of the provisions of this Ordinance are being violated, he shall, in writing, notify the persons responsible for such violation, indicating the nature of the violation and ordering action necessary to correct it, among which he shall order discontinuance of any work being done. In such instances and under circumstances whereby the Building Official is left without any further recourse but to seek police assistance, the Building Official may call upon the Waveland Police Department.

In case any building or structure is erected, constructed, re-constructed, altered, repaired, converted, maintained, or any building or land is used in violation of this Ordinance, the Building Official, or any person who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation in the case of each such building or use of land.

811.1

Except as otherwise provided in Subsections 811.2 and 812.4, any person violating any provision of this Ordinance shall be guilty of a misdemeanor, and, upon conviction shall be punished for each offense by paying a fine not to exceed One Hundred and no/100 ($100.00) dollars and/or imprisonment not to exceed the limits according to the State Statutes of Mississippi. Each day such violation continues shall be deemed a separate offense.

811.2

Any person violating Section 408 of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by paying a fine not to exceed One Thousand and no/100 dollars $1,000.00) dollars and/or imprisonment not to exceed the limits according to the State Statutes of Mississippi.

811.3

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 in, or maintains any violation of this ordinance may each be found guilty in a separate offense and suffer the penalties herein provided.

811.4

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

812.1

The Building Official shall enforce and administer Section 405, making such inspections and investigations as are needed to ensure compliance with regulations governing signs and signage and determine violations.

812.2

In the event that the Building Official determines a violation, the official shall serve written notice of the violation on the violator. The notice shall state the violation, the prescribed remedy under this section, and the date by which the remedy must be complete. The notice will include a statement that action may be taken by the City at the expense of the violator if the violation is not corrected or removed by the date specified.

812.3

Any person aggrieved by any interpretation or order of the Building Official may appeal to the Board of Mayor and Aldermen. The Building Official shall take no further action on the matter pending the Board of Mayor and Aldermen decision, except for unsafe signs which present an immediate and serious danger to the public as provided in this Section.

812.4

Sign Penalties.

A.

The violation of any of the provisions of Section 405 shall be deemed a misdemeanor, with each day of the violation being considered a separate offence.

B.

A fine of up to $50 for each day may apply for each violation, except in the case of off-premises outdoor advertising display where the amount is $100.