4.1.1.

Required permits and approvals.

Any development within the City of Wiggins may require one or more of the various permits and approvals in order to ensure that the development is consistent with the goals and purposes of this ordinance and with the health, safety, and general welfare of the public. The procedures for reviewing and granting these permits and approvals are set forth in this article.

4.1.2.

Simultaneous processing of applications.

The Land Code Administrator shall have the authority to process multiple applications simultaneously for a single property to speed up the approval process. However, no permits or approvals shall be pending during the re-zoning of a property, and vice versa.

4.1.3.

Establishment of land development fees.

Applications for the different permits and approvals required by this ordinance are subject to various fees in order to defray the city's costs in reviewing such requests. The fees for different types of permits and approvals may be periodically reviewed and changed by the Board of Aldermen. Notice of changes to the fee schedule shall be published at least 15 days prior to consideration for adoption by the Board of Aldermen and will not take effect until 30 days after adoption.

4.1.4.

Applications and payment of fees.

Applications for permits or approvals shall be submitted on the forms prepared by the Planning and Building Department. Applications will be processed only after all required fees have been paid. If other fees are due to the city in association with the property on the application, the application may be held until all fees are paid. If there is a question with regard to fees, the City Clerk shall determine if all applicable fees have been paid.

4.1.5.

Applications to be complete.

The Planning and Building Department shall determine whether the application is complete. If the department determines that the application is not complete, then it shall notify the applicant of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.

An application is complete when it contains all of the information that is necessary for the issuing authority to decide whether or not the proposed development will comply with all of the requirements of this ordinance. The presumption is that all of the information required in the city's application forms is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and, therefore, the Land Code Administrator may allow less information or require more information to be submitted according to the needs of the particular case.

4.1.6.

Authorized applicants.

Applications will only be accepted from persons having the legal authority to take action. In general, this means that applications should be submitted by the owners of the property or their agents.

The Land Code Administrator may require an applicant to present evidence of his/her authority to submit the application.

4.1.7.

Resubmission of denied applications.

No application shall be filed with or accepted by the Planning and Building Department which is identical or substantially similar to an application which has been denied within the previous 365 days. If good cause has been shown by [the] applicant, this waiting period requirement may be waived by the Board of Aldermen after recommendation from the Land Code Administrator.

4.1.8.

Appeal of decisions.

Decisions may be appealed via the provisions of Article 2.

4.1.9.

Public notices.

A.

Content of Notices - Public notices for hearings shall identify the date, time, and place of the public hearing and the nature and character of the proposed action. Where the hearing involves a specific area or property, the published notice shall also identify the address or location of the subject property and the name of the applicant.

B.

Published Notice - For any public hearing required by this ordinance, a notice shall be published in a newspaper having general circulation in the area. The notice shall be published at least fifteen (15) days before the scheduled hearing date. (In computing such period, the day of publication shall not be counted, but the day of the hearing shall be counted.)

C.

Posted Notice - Posted notices for public hearings shall be posted on the property at least fifteen (15) days prior to the scheduled public hearing. The notice shall be constructed in similar shape and size of a standard realty sign. The sign shall be a minimum of 12" x 24" in size and have 2" minimum size black lettering on a yellow background.

D.

Public Copies - Zoning Changes and Text Amendments shall have copies of the proposed changes available for viewing at City Hall, the Stone County Library, and the City of Wiggins Website beginning at least fifteen (15) days prior to the public hearing until final action is taken by the Board of Aldermen. All other documents for Public Notices shall be available for public viewing at the Land Code Administrator's Office.

4.1.10.

Public hearing procedures.

The procedures and requirements set forth in this section shall apply to all public hearings required by this ordinance.

Once the Land Code Administrator has determined that an application is complete and that a public hearing is required by this ordinance, the Administrator shall schedule a date, time, and place for the required hearing and shall ensure that all public notices are provided as required in the section above. General practice shall be to schedule public hearings during the normal meeting times of the Planning Commission.

Any person may appear at the public hearing and submit evidence for or against the proposed action. Each person who appears at a public hearing shall identify himself or herself and his or her address and, if appearing on behalf of an organization, shall state the name of the organization.

The body conducting the hearing may exclude any testimony, evidence, or questioning that it finds to be incompetent, irrelevant, immaterial, or unduly repetitious.

At any time, upon reasonable request, any person may examine the application and materials submitted in support of or in opposition to the application. The City Clerk shall make copies of such materials available at cost.

All development activities in the City of Wiggins, including but not limited to new construction, modification of existing structures, excavation, filling, paving, drilling, driving of piles, mining, dredging, land clearing, grading, and long-term storage of materials or equipment, shall require a Flood Plain Determination.

When an application for a building permit, site plan review, preliminary subdivision plat, PRD application or PUD application is submitted, the Floodplain Determination will automatically be performed by the Planning and Building Department.

If a developer is not required to obtain one of the above permits or approvals then, as a minimum, a Floodplain Determination will be required.

In order to provide flood insurance and to comply with state and federal regulations, the City of Wiggins has adopted a Flood Damage Prevention Ordinance (FDPO) which limits building within the flood plain.

The first step in this type of construction is to make every effort possible not to build in the floodplain. The city will require that all avenues such as variances for setbacks or redesign of the planned structure be exhausted prior to considering a permit to build in the floodplain. If these steps prove to be insufficient for the property in question then a Floodplain Development Permit may be considered. The requirements for Floodplain Development Permits are given in the Flood Damage Prevention Ordinance, Article 4, Section B, "Permit Procedures."

4.3.1.

Floodplain development permit application.

The owner of the property may submit an application for a Floodplain Development Permit. If several adjacent properties are to be developed it is recommended that all properties be included in one application. One application from multiple property owners is acceptable provided that all owners sign the permit application. A site plan will be required for each application and site plan review fees will be charged per the City of Wiggins fee schedule.

4.3.2.

Process and approvals.

Upon review and approval of the site plan and application information, a Floodplain Development Permit may be issued. The Floodplain Development Permit will enable a building permit for the project to be issued and construction to begin. All construction requirements and certifications as given in the flood damage prevention ordinance must be completed. Final approval of the building will be issued with the Certificate of Occupancy after the developer provides the Final Elevation Certificate. Developers are strongly cautioned that failure to achieve an elevation of 2 feet above the Base Flood Elevation will render the building un-inhabitable until that elevation is achieved.

4.3.3.

Special waiver for minor projects in the floodplain.

The Floodplain Administrator may waive all or part of the above required procedures for minor projects which can clearly be shown to have no effect on the floodplain. This waiver is primarily intended for projects such as small structures (doghouses, garbage bins, tree houses, etc.).

4.4.1.

Building permits required.

All construction activities in the City of Wiggins, including but not limited to new construction, modification of existing structures, setting up or erecting mobile or modular homes, excavation, filling, paving, and demolition of a structure, require a Building Permit.

The following do not require a building permit (but may require a Floodplain Determination):

• Construction or repair of publicly owned roads and infrastructure (other than buildings).

• Agricultural structures other than residential dwellings and located in the A-1 district.

• Land clearing.

• Timber harvesting.

• Landscaping.

• Approved Subdivision Infrastructure (roads and utilities).

• One-story residential accessory structures under 200 square feet provided they are compliant with this ordinance.

• Fences not over 6 feet in height provided they are compliant with this ordinance.

• Swings and playground equipment accessory to a one- or two-family dwelling.

• Sidewalks and driveways not more than 30 inches above the adjacent grade and not over a basement or open space.

The following require a building permit but will not be assessed a fee:

• Repairs or renovations to residential structures which do not enlarge the envelope or footprint of the structure and are less than 50 percent of the assessed value. Minor enlargements due to the thickness of building materials are not considered.

• Rebuilding or repair of buildings damaged by natural disasters or accidents provided the original footprint and number of stories are not increased and the rebuilt building will be compliant with city ordinances.

4.4.2.

Building codes adopted.

In accordance with Mississippi Annotated Code of 1972, Section 19-5-9, the City of Wiggins adopted the following building and construction codes as published by the International Code Council:

• International Building Code, 2003, and Appendices B, F.

• International Residential Codes, 2003, and Appendices A, B, C, E, J.

• International Mechanical Codes, 2003, and Appendix A.

• International Plumbing Codes, 2003, and Appendices E, F.

• International Fuel Gas Code, 2003, and Appendix A.

• NFPA 70 National Electric Code, 2005, (Published by National Fire Protection Assoc.).

4.4.3.

Building code compliance.

All structures built or modified in the City of Wiggins shall be constructed in compliance with the codes identified above. The responsibility for compliance with theses codes rests entirely upon the property owner. Upon notification from the Planning and Building Department of non-compliance, the property owner shall correct any non-compliant new construction within 30 days. Regardless of any inspections (or absence of inspections) by the City of Wiggins or representatives thereof, the responsibility for compliance, and any financial burden thereby imposed, shall rest with the property owner.

4.4.4.

Building permit procedures.

Building permit applications shall be submitted on a form prepared by the Planning and Building Department which lists the required submittal information. Building permit applications shall be signed by the property owner or an authorized representative of the property owner. The Land Code Administrator shall determine if the application is complete and shall issue a building permit only if the proposed construction is in compliance with the provisions of this ordinance and any applicable variances.

Fees for building permits shall be as determined by the Board of Aldermen. Once issued, the building permit shall be posted in a protected area on site for the duration of construction.

Building permits shall expire if the construction is not started within 180 days of issuance or if the construction is halted for more than 180 days. The Land Code Administrator may extend the term of the permit by 180 days upon application from the property owner showing good cause. Permits which have expired may not be renewed but shall be considered and charged as a new permit.

4.5.1.

Permit required.

A sign permit is required when a new sign is erected, the face of an existing sign is replaced or modified to advertise a different business, a sign is relocated, or when a portion of a multi-tenant sign is changed to advertise a different business. A sign permit is not required to repair or maintain a sign provided the business advertised does not change and the structure and size of the sign is not changed. Signs specifically exempted from permit requirements in the sign section of this ordinance do not require a permit.

4.5.2.

Sign permit procedures.

Sign permit applications (except for off-premises signs) must be signed by the owner of the property on which the sign is to be erected or by the property owner's authorized agent. For all off-premises signs, the applicant shall present written proof of permission from the property owner. For billboards, the applicant shall present proof of property ownership or a signed and recorded easement.

An application for a sign permit shall be filed with the Planning and Building Department on a form prescribed by the department, along with the fee as set by the Board of Aldermen.

The Planning and Building Department shall determine whether the application is complete. The Planning and Building Department shall issue a sign permit only upon finding that the proposed sign satisfies the requirements set forth in this ordinance.

The sign permit shall become null and void if the sign is not erected within six months after the date the permit is issued.

4.6.1.

Certificate of occupancy required.

A new building, a building which has been moved, or an addition to an existing building shall require a Certificate of Occupancy. Any building which undergoes a change of use or a change of business ownership shall require a new Certificate of Occupancy. Any building requiring a Certificate of Occupancy shall not be occupied until after the Planning and Building Department has issued the required certificate.

4.6.2.

Certificate of occupancy approval procedures.

Applications for a Certificate of Occupancy shall be submitted on a form prepared by the Planning and Building Department which lists the required submittal information. All required fees shall be paid prior to processing the application. Applications shall be signed by the property owner or an authorized representative of the property owner. The Land Code Administrator shall determine if the application is complete and shall issue a certificate only if the proposed construction and use is in compliance with the provisions of this ordinance, any applicable site plans, any applicable permits and any applicable variances.

The Land Code Administrator may issue a conditional certificate of occupancy for all or a specified portion of a building which may be occupied prior to final completion of the entire building and/or site. Conditions that are attached to the Conditional Certificate of Occupancy must be completed prior to the expiration date listed on the certificate. If the listed conditions are not completed by the date given, the certificate shall immediately expire and the building shall be vacated until the conditions are met. The Land Code Administrator may renew the certificate for a specified period of time, not to exceed 90 days.

4.7.1.

Permit required.

All Temporary Uses and Structures, unless specifically exempted from permit requirements in the applicable section of this ordinance, require a Temporary Use permit. The Board of Aldermen may approve a temporary use not specifically listed.

4.7.2.

Temporary use permit procedures.

All applications for temporary use permits shall be filed at least one (1) week prior to the date the temporary use will commence. If public safety support is requested from the city, such application must be filed at least four (4) weeks before the commencement of the temporary use. The application shall be filed on a form prescribed by the Planning and Building Department, along with the fee for such permit as prescribed by the Board of Aldermen.

A Temporary Use Permit application may be filed only by the owner of the property on which the temporary use will occur or by an authorized representative of the property owner.

The Planning and Building Department shall determine whether the application is complete. The Planning and Building Department shall also coordinate review of the application with other applicable city departments as determined from the application.

The Land Code Administrator shall issue a Temporary Use Permit only upon finding that the proposed temporary use satisfies the provisions of this ordinance and that:

• The proposed use/structure does not pose a safety or health issue.

• The proposed use/structure will not be a nuisance to the surrounding property owners.

• The proposed use/structure is approved by other applicable city departments.

• The applicant for the proposed use/structure is in compliance with all other city ordinances.

4.8.1.

Approval required.

The designation of a use as "conditional" is used when it is generally compatible with other land uses in a zoning district but requires further consideration before approval. Because of unique characteristics or potential impacts to the surrounding neighborhood, individual consideration of the location, design, and/or operation is needed. Special conditions to ensure that the use is appropriate at a particular location may be required.

Any use designated in this ordinance as "conditional" in the applicable zoning district shall not be established without approval as set forth in the requirements of this Section.

4.8.2.

Standards of review.

All conditional uses must meet the following standards:

• The proposed use will not materially endanger the public health or safety.

• The proposed use will not substantially injure the value of adjoining or abutting property.

• The proposed use will not degrade the nature of the neighborhood with regard to sound, smell, light, air quality, pedestrian traffic or electronic interference.

• The proposed use will be in harmony with the scale, coverage, density, and character of neighborhood in which it is located.

• The proposed use will generally conform to the Comprehensive Plan and other official plans adopted by the city.

• The proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.

• The proposed use will not cause undue traffic congestion or create a traffic hazard.

4.8.3.

Approval procedures.

Approval of conditional uses shall be per the process outlined below:

• Application to and payment of fees to the City Clerk.

• Application review and recommendations by the Planning and Building Department.

• Posting and Publication by the Planning and Building Department.

• Public Hearing before the Planning Commission.

• Decision by the Planning Commission.

4.8.4.

Action on conditional uses.

• Decision by Planning Commission - After conducting the public hearing, the Planning Commission may:

(1)

Deny the application;

(2)

Conduct an additional public hearing on the application; or

(3)

Approve the proposed conditional permitted use.

The decision to approve or deny the application shall be by a majority vote of the Planning Commission members (i.e., at least 3 votes are required to approve or deny). If insufficient members are present to obtain an approval or denial, the application shall be tabled until the next meeting.

• Conditions Attached to Approval - In approving the conditional use, the Planning Commission may attach such conditions to the approval as it deems necessary to meet the standards set forth in this ordinance, and to protect the public health, safety and general welfare. All such conditions shall be stated in the motion approving the application.

• Nature of Conditions - Conditions may be stricter than any requirement or limitation stated elsewhere in this ordinance. Such conditions may include but are not limited to the following: limitations on the size and location of structures; requirements for landscaping, signs, and outdoor lighting; the provision of adequate ingress and egress; dedication of rights-of-way for streets or utilities; provision of recreational space and facilities; limitations on the duration of the approval and the time period within which the use will be developed; limitations on hours of operation; limitations on the transfer of such approval to a successor-in-interest or lessee of the property; and the mitigation of environmental impacts.

4.8.5.

Effect of approval.

Subsequent Permits and Approvals - Approval of a conditional use authorizes the applicant to proceed with other permits or approvals which are required for the proposed development. All permits, certificates, or other approvals shall be issued and valid only for work which complies with the terms of the conditional use approval.

Transferability of Approval - A conditional use approval is not transferable from one property to another, but is transferred to a successor-in-interest of the property, unless specifically prohibited in the original approval.

Existing Structures/Uses - Any structure or use which was legally in existence prior to this ordinance and is classified as a conditional use shall be considered as an approved conditional use/structure. Any structure or use which legally exists and becomes classified as a conditional use as a result of a change in this ordinance or zoning shall be considered as an approved conditional use/structure.

4.9.1.

Site plans required.

The following buildings and developments shall require a site plan. Site plan approval is required prior to the issuance of a building permit:

• All developments which contain property within the floodplain, unless exempted in the FPDO. A site plan submittal included as part of a Flood Plain Development Permit shall meet this requirement for single-family residences.

• Multi-family developments (apartments) with 5 or more dwelling units.

• Nonresidential buildings, additions or accessory buildings larger than 2,000 square feet. This requirement includes any sequence of construction producing an increase of building spaces of 2,000 square feet or more on a lot within a three-year period.

• Any paved area, for parking or otherwise, greater than 15,000 square feet.

• All infrastructure improvements not performed by the city, including roads to be dedicated to the city which are not part of a subdivision plan. This clause is intended to include construction of utility lines, telephone substations, utility structures, cell towers, etc.

4.9.2.

Site plan submittals.

• Site plans shall be submitted in their entirety along with the forms and check lists required by the Planning and Building Department. The Land Code Administrator shall determine if the application is complete and shall process the application only if it is complete. Additional fees may be imposed for applications repeatedly submitted in an incomplete form.

• Site plans shall be prepared by a registered professional engineer or architect. Site plans shall be stamped, signed and dated by the professional preparing the plans.

• All site plans shall identify the required local building codes under which structures are to be built.

4.9.3.

Approval procedures.

Approval of site plans shall be per the process outlined below:

• Application to and payment of fees to the City Clerk.

• Application review and recommendations by the Planning and Building Department.

• MDOT, MDEQ and MSDH approvals.

• Review by the City Engineer, Police, Fire and Public Works Departments. The Land Code Administrator will submit any recommendations by these departments to the Planning Commission for consideration.

• Decision by the Planning Commission.

• If approved, issuance of required permits.

4.9.4.

Effect of approval.

• The approval of a site plan shall be considered final. The developer is authorized after issuance of all required permits to complete the construction as presented on the site plan.

• After the site plan is approved, the city may not require additional variances or approvals for items previously presented in the site plan unless it is a health and/or safety issue.

• Any failure to comply with the site plan or required building codes shall be corrected by the owner upon notification by the Land Code Administrator.

4.9.5.

Revisions to approved site plans.

Any changes in construction from the approved site plan shall be done by submitting a revised site plan in writing. The Land Code Administrator shall decide if additional approvals by the City Engineer, Department Heads or Planning Commission are required. It is intended that minor changes such as changes in layout or increases/decreases in floor space by 15 percent or less shall be approved by the Land Code Administrator. No change which would otherwise require a variance or conditional use shall be approved as a site plan change but must be done through the appropriate approval process.

4.10.1.

Subdivision approval required.

The division of land for residential development into three (3) or more lots within a single calendar year shall require a subdivision approval unless excepted as outlined below:

• Nonresidential (commercial) developments which can reasonably be expected to submit site plans for each lot.

• The division of land into parcels 3 acres or larger, which do not require additional streets, water or sewer services from the city.

• The division of land into 10 parcels or fewer, all of which are currently served by city streets, water and sewer services. All parcels must also meet the District Development Standards of their zoning district. Furthermore, the Land Code Administrator shall have authority to require any such division to follow the full subdivision procedures if the LCA feels it is in the best interest of the city.

4.10.2.

Subdivision submittals.

Subdivisions require the following submittals:

• Preliminary Plat.

• MDEQ, MSDH, MDOT approvals.

• Construction Plans.

• Final Plat and Certifications.

4.10.3.

Approval procedures.

Subdivisions require the following approval process:

1.

Submittal of Preliminary Plat and payment of fees.

• This must include a Floodplain Determination or Floodplain Development application.

• Review by the Planning and Building Department, Public Works Department, Fire Department, Police Department and City Engineer.

• Planned Residential Developments (PRD) and Planned Urban Developments (PUD) require posting and publication by the Planning and Building Department.

• PRD and PUD require a Public Hearing before the Planning Commission.

• Presentation to the Planning Commission.

• Approval of Preliminary Plat by the Planning Commission.

• PRD and PUD require final approval by the Board of Aldermen.

2.

Submittal of Construction Plans and MDEQ, MSDH, MDOT approvals to the Planning and Building Department.

• Review of approvals and construction plans by the Land Code Administrator (LCA) and City Engineer.

• Construction plan approval by the LCA and City Engineer.

3.

Submittal of as-built Construction Plans.

• Review of as-built construction plans and facilities by the LCA and City Engineer.

• As-built construction plans and facilities approval by the City Engineer.

4.

Submittal of Final Plat to the Planning and Building Department.

• Review of the final plat by LCA and City Engineer.

• Approval of the final plat by the Planning Commission.

• PRD and PUD require final approval by the Board of Aldermen.

• Signing of the final plat by City Officials.

5.

Filing of the Final Plat with the Chancery Clerk.

6.

Sale of properties.

Note—The developer may choose to process the Preliminary Plat and Construction Plans together as a single submittal if desired but should weigh the additional engineering cost and risk of not receiving approval.

4.10.4.

Time limitation of approvals.

1.

Construction plans shall be submitted within 3 months of the preliminary plat approval.

2.

As-built Construction plans shall be submitted within one year of construction plan approval.

3.

The Final Plat shall be filed within 3 months of as-built construction plan approval.

The LCA may grant a six-month one-time extension for any of the above deadlines. The Planning Commission may grant additional extensions provided the Final Plat is filed within four (4) years of the preliminary plat approval. All permits and approvals shall become null and void if the Final Plat is not filed within 4 years of the Preliminary Plat approval.

Phased developments may submit an extended construction schedule along with the preliminary plat for approval. A phased development which adheres to its approved schedule shall not be subject to this time limitation provision.

4.10.5.

Effect of approval of final plat.

1.

After obtaining approval of the final plat from the Planning and Building Department, the developer may file the plat with the Stone County Chancery Clerk's Office. The approved plat shall be recorded within 30 days after approval by the Planning and Building Department.

2.

The recording of the approved plat with the Chancery Clerk shall authorize the developer, or any subsequent developer of the property, to proceed with the sale of lots. The application for building permits as this ordinance may require for development of the property shall be accepted upon return of the copy of the plat marked "Certified Copy" from the Chancery Clerk.

4.10.6.

Restriction on sale or transfer of subdivided land without an approved final plat.

Any person who transfers or sells any land located within the corporate limits of the city by reference to a plat which has not been approved by the city and recorded with the Stone County Chancery Clerk's Office shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The city also may enjoin such transfer or sale by filing an action for an injunction. A deed transferred in whole will not be subject to this requirement.

4.10.7.

Revisions to approved plats.

Any amendment or revision to a recorded final plat or portion thereof shall be accomplished in the same manner as for original approval of a plat.

4.11.1.

Purpose and scope.

The variance process administered by the Planning and Building Department is intended to provide limited relief from the requirements of this ordinance where those requirements render the land difficult or impossible to use. Variances are to be issued based on some unique physical attribute of the property itself or some other factor unique to the property. It is not intended that variances be granted merely to remove inconveniences or financial burdens.

4.11.2.

Limitations of variances.

A variance may not be granted to allow a use which is not a permitted use (or a conditional use) in a zoning district. A variance may not be granted to change the zoning district classification of a property. The uses in a zoning district may only be changed by a text amendment to this ordinance. Zoning may only be changed through a zoning amendment.

A variance that is part of a conditional use, subdivision plat, or an approved land use plan for a PUD or PRD requires approval by the Planning Commission and final approval by the Board of Aldermen.

4.11.3.

Standards of review.

The Planning Commission may grant a variance if the following conditions are met:

• 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 located in the same zoning district.

• The literal interpretation and strict enforcement of the provision to be varied would deprive the applicant of rights commonly enjoyed by other properties located in the same zoning district under the terms of this ordinance.

• The proposed variance will not confer on the applicant any special privilege that this ordinance denies to other citizens located in the same zoning district. A special privilege would include any variance which provides a substantial visual difference of the building/property from other properties in the immediate neighborhood.

4.11.4.

Approval procedures.

Variance approval shall be per the process outlined below:

1.

Application to and payment of fees to the City Clerk.

2.

Application review and recommendations by the Planning and Building Department.

3.

Posting and Publication by the Planning and Building Department.

4.

Public Hearing before the Planning Commission.

5.

Decision by the Planning Commission.

6.

If required by Section 4.12.2, approval by the Board of Aldermen.

4.11.5.

Action on variances.

Decision by Planning Commission - After conducting the public hearing, the Planning Commission may:

(1)

Deny the application;

(2)

Conduct an additional public hearing on the application; or

(3)

Approve the proposed variance.

The decision to approve or deny the application shall be by a majority vote of the Planning Commission members present.

Conditions Attached to Approval - In unusual circumstances, the Planning Commission may attach such conditions to a variance as it deems necessary to protect the public health, safety and general welfare. All such conditions shall be stated in the motion approving the application.

4.11.6.

Effect of approval.

Subsequent Permits and Approvals - Approval of a variance authorizes the applicant to proceed with other permits or approvals which are required for the proposed development. All permits, certificates, or other approvals shall be issued and valid only if the work complies with the variance. All decisions, determinations, and interpretations made by administrative officers shall be consistent with the variance granted to the applicant.

Transferability of Approval - A variance continues with the property and transfers to the successor-in-interest of the property, unless specifically prohibited in the original approval.

4.12.1.

Purpose and scope.

An individual landowner may request a change in the Official Zoning Map for any property owned by the individual. The purpose of this article is to provide the procedures for doing so. Zoning amendments for individual properties should only be granted as a response to changing neighborhood uses or errors in zoning.

Individual properties may not be zoned differently from all surrounding properties (spot zoned). Text amendments to the land use portion of this ordinance should be considered in lieu of spot zoning.

An individual rezoning application may be incorporated into a comprehensive rezoning by the Board of Aldermen if the landowner is in agreement.

4.12.2.

Standards of review.

The Planning Commission may grant an amendment to the Official Zoning Map if the following conditions are met:

•

The requested change conforms to the Comprehensive Plan.

•

There are changes which have occurred in the area since the Official Zoning Map was adopted which warrant the requested zone.

•

City utilities and sewer can accommodate the uses allowable in the requested zone.

•

The allowable uses in the requested zone will not adversely affect the character of the area and result in a decrease of property values.

•

The burden of the proof shall be on the applicant to prove that these criteria are satisfied.

4.12.3.

Approval procedures.

Zoning amendments for individual properties shall be per the process outlined below:

1.

Application to and payment of fees to the City Clerk.

2.

Application review and recommendations by the Planning and Building Department.

3.

Posting and Publication by the Planning and Building Department.

4.

Public Hearing before the Planning Commission.

5.

Decision by the Planning Commission.

6.

If required by Section 4.12.2, approval by the Board of Aldermen.

4.12.4.

Action on zoning amendments for individual properties.

Decision by Planning Commission - After conducting the public hearing, the Planning Commission may:

(1)

Deny the application;

(2)

Conduct an additional public hearing on the application; or

(3)

Approve the proposed zoning amendment.

The decision to approve or deny the application shall be by a majority vote of all the Planning Commission members (i.e., at least 3 votes are required to approve or deny). If insufficient members are present to obtain an approval or denial, the application shall be tabled until the next meeting.

Conditions Attached to Approval - No conditions may be attached to a zoning amendment. It is a change to the Official Zoning Map only.

4.13.1.

Purpose and scope.

The Board of Aldermen may initiate a comprehensive rezoning of properties (that is, amend the classifications of properties appearing on the Official Zoning District Maps) in response to changes in neighborhood uses, changes in public policy or errors in zoning. The Land Code Administrator, Planning Commission or any citizen or business owner in the City of Wiggins may request the Board of Aldermen to initiate a comprehensive rezoning. Comprehensive rezoning shall not be initiated to relieve particular hardships or to confer special privileges or rights on any person.

Except for the correction of errors, a comprehensive rezoning shall include a minimum of four (4) properties or lots. A comprehensive rezoning may include revision of the entire Official Zoning Map.

Comprehensive zoning amendments may zone the affected properties differently from all surrounding properties if such a change is warranted by changing neighborhood uses. Such changes must also be in agreement with the Comprehensive Plan. Text amendments to the land use portion of this ordinance should be considered in lieu of spot zoning.

The Board of Aldermen may direct an individual rezoning application to be incorporated into a comprehensive rezoning if warranted and the landowner is in agreement.

Redrawing and updating the Official Zoning Map to reflect prior changes in zoning and the correction of minor errors does not require a comprehensive rezoning but should include approval of the revised Official Zoning Map by the Board of Aldermen.

4.13.2.

Standards of review.

The Board of Aldermen may approve a comprehensive amendment to the Official Zoning Map if the following conditions are met:

• The revised zoning conforms to the Comprehensive Plan.

• There are changes which have occurred in the area since the Official Zoning Map was adopted which warrant the revised zoning.

• City utilities and sewer can accommodate the uses allowable in the revised zoning.

• The allowable uses in the revised zoning will not adversely affect the character of the area and result in a decrease of property values.

4.13.3.

Approval procedures.

Comprehensive zoning amendments shall be per the process outlined below:

• Initiation by the Board of Aldermen.

• Required notifications mailed by the Planning and Building Department.

• Required Posting and Publication by the Planning and Building Department.

• Public Hearing before the Planning Commission.

• Recommendation by the Planning Commission.

• Approval by the Board of Aldermen.

4.13.4.

Special notifications, posting and publications required.

• For 20 properties or less: In addition to publication (per section 4.1.9) every landowner of a property to be rezoned and every landowner adjacent to a property to be rezoned shall be mailed or hand delivered a notice of the proposed rezoning and the date of the public hearing at least 15 days prior to the public hearing. The testimony of the Land Code Administrator shall serve as proof of notification. Posting shall consist of a minimum of one sign (per section 4.1.9) per block on each street adjacent to the proposed comprehensive rezoning.

• For more than 20 properties: Individual notifications to property owners are not required. Posting shall consist of at least ten (10) signs (per section 4.1.9) posted at prominent locations in the area to be rezoned. In addition to publication (per section 4.1.9), a minimum of two additional publications (total of 3 publications) shall be made in the local newspaper beginning at least 30 days prior to the public hearing. All publications shall contain a map of the area to be rezoned.

4.13.5.

Action on comprehensive zoning amendments.

Decision by the Board of Aldermen - The decision to approve or deny the application shall be by a majority vote of all the Board of Aldermen (i.e., at least 3 votes are required to approve or deny). If insufficient members are present to obtain an approval or denial, the application shall be tabled until the next meeting.

Conditions Attached to Approval - No conditions may be attached to a zoning amendment. It is a change to the Official Zoning Map only.

4.14.1.

Purpose and scope.

The Board of Aldermen may initiate a text amendment to this ordinance as deemed necessary to protect the citizens and improve the welfare of the community. The Land Code Administrator, Planning Commission or any citizen or business owner in the City of Wiggins may request the Board of Aldermen to initiate a text amendment.

The reprinting of this ordinance, including prior changes and the correction of minor or typographical errors, does not require a text amendment but should include approval of any revised text of the Land Code Ordinance by the Board of Aldermen.

4.14.2.

Standards of review.

The Board of Aldermen may approve a text amendment if the following conditions are considered:

• It is consistent with the Comprehensive Plan and the remaining portions of this ordinance.

• The text amendment contains a new idea, corrects an error or contains additional required clarifications that are not otherwise considered in the existing ordinance.

• The text amendment is in compliance with Federal and State Regulations.

• The text amendment is consistent with county regulations to the greatest extent possible.

• The revised text will not adversely affect the character of the city and is reasonably expected to benefit or protect the citizens of Wiggins.

4.14.3.

Approval procedures.

Text amendments shall be per the process outlined below:

1.

Initiation by the Board of Aldermen.

2.

Posting and Publication by the Planning and Building Department.

3.

Public hearing before the Planning Commission.

4.

Recommendation by the Planning Commission.

5.

Approval by the Board of Aldermen.

4.14.4.

Action on text amendments.

Decision by the Board of Aldermen - The decision to approve or deny the amendment shall be by a majority vote of all the Board of Aldermen (i.e., at least 3 votes are required to approve or deny). If insufficient members are present to obtain an approval or denial, the application shall be tabled until the next meeting.

Conditions Attached to Approval - No conditions may be attached to a text amendment.

Planned Residential Developments shall be approved per the process defined for subdivisions in this ordinance. Design and construction shall be as defined in the Supplementary Regulations and Design Standards section of this ordinance.

Planned Unit Developments shall be approved per the process defined for subdivisions in this ordinance. Design and construction shall be as defined in the Supplementary Regulations and Design Standards section of this ordinance.