1.600.01 PURPOSE OF THIS ARTICLE: It is the purpose of this section to prescribe the legal devices and procedures for administering and enforcing this ordinance and to define the duties, powers, limitations and scope of jurisdiction for the various persons and groups that are concerned with the administration and enforcement of this ordinance.

1.600.02 ADMINISTRATIVE INTERPRETATION BY THE ZONING ADMINISTRATOR: The building inspector is responsible for the enforcement, administration, and maintenance of the zoning ordinance and the official zoning map. With these responsibilities, he is designated as the zoning administrator. He may be provided with the assistance of such other persons as the board of mayor and aldermen may direct.

In the event there is a question as to the general intent or specific meaning of any provision of the zoning ordinance text, or of the boundaries or district designations or other matters relating to the official zoning map, the zoning administrator shall have the power to make such administrative decisions and interpretation.

A.

Limitation of Powers: Said administrative interpretation shall in no manner be construed to include, or used in any way which would permit, the granting of a conditional use permit (special exception), dimensional variance, or zoning amendment (either an amendment to the zoning text or a district re-classification—that is, the re-zoning of any land), the provisions for which use are given elsewhere in this ordinance.

B.

Appeals from the Administrative Interpretation by the Zoning Administrator: Appeals from said administrative interpretation shall be made as provided in subsection 1.600.17-A of this ordinance.

1.600.03 BUILDING PERMITS:

A.

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the building inspector.

B.

No building permit shall be issued by the building inspector except in conformity with the provisions of this ordinance, unless he receives a written order from the board of mayor and aldermen in the form of an administrative review, special exception, or variance, as provided by this ordinance.

1.600.04 APPLICATION FOR BUILDING PERMIT:

A.

All applications for building permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration.

B.

The application shall include such other information as lawfully may be required by the building inspector including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and to provide for the enforcement of this ordinance.

C.

One copy of the plans shall be returned to the applicant by the building inspector after he has marked such copy either as approved or disapproved and attested the same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the building inspector.

1.600.05 CERTIFICATES OF ZONING COMPLIANCE:

A.

It shall be unlawful to use, 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 or structure until a certificate of zoning compliance has been issued by the building inspector stating that the proposed use of the building or land conformed to the requirements of this ordinance.

B.

No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance has 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.

C.

A temporary certificate of zoning compliance may be issued by the building inspector for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards that will protect the safety of the occupants and the public.

D.

The building inspector shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request of any person.

1.600.06 EXPIRATION OF BUILDING PERMIT: If the work described in any building permit has not begun within 90 days or been completed within one year from the date of issuance thereof, said permit shall expire. It shall 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.

1600.07 REQUIRED CONFORMANCE: 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 no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this ordinance and punishable as provided by this ordinance.

1.600.08 ADMINISTRATIVE PERMITS - ADMINISTRATIVE INTERPRETATION AND DETERMINATION 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 Yazoo City. 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:

Administrative Permit Application Procedures and Review Standards:

A.

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

C.

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

D.

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

E.

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 within such use should be permitted.

F.

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

G.

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

H.

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

I.

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 planning and zoning board shall be notified to obtain their comments.

J.

Such determinations are binding on all officers and agencies of the city as an administrative ruling, and may be included as an amendment to the zoning ordinance when subsequent amendment items are considered by the board of mayor and aldermen, and if the proposed use is sufficiently common to justify a text amendment.

K.

Uses deemed to be incompatible as permitted uses may be considered as uses allowed by special exception in that zone.

L.

A formal application may be filed with the zoning administrator addressing all the characteristics listed in item "A" above, or an applicant may simply send the zoning administrator a letter describing his proposed use, buildings, structures, and site activities and requesting a tentative administrative determination.

M.

New or unlisted uses may be allowed by right, by right with qualification, by special exception, as an ancillary or accessory use, or as a home occupation.

N.

Decisions of the zoning administrator shall be deemed final unless, within not more than ten working days of the date such decision was rendered; a written notice of appeal is filed. Such notice of appeal, specifying the grounds thereof, shall be filed with the zoning administrator for transmission to the planning and zoning board and docketed on their next available board meeting.

1.600.09 POWERS AND DUTIES OF THE YAZOO CITY PLANNING AND ZONING BOARD: The Yazoo City Planning and Zoning Board is hereby authorized to assist in administration of this ordinance. In carrying out its functions and duties, the planning commission shall have authority to:

(1)

Review applications for special exceptions and variances.

(2)

Review any question concerning interpretation of the zoning ordinance text or map.

(3)

Review applications for rezoning (map amendments), and amendments to the text of this ordinance.

(4)

Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.

(5)

Review all site plans required by this ordinance.

All matters submitted to the planning and zoning board for review and recommendations shall be duly entered upon the minutes of the planning and zoning board and shall show the vote of each member present at such meeting. all recommendations made to the board of mayor and aldermen shall be made in writing.

1.600.10 PROCEEDINGS OF THE PLANNING AND ZONING BOARD:

A.

Board Rules and Meetings: The planning and zoning board shall adopt rules necessary to conduct the affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. All meetings shall be open to the public.

B.

Board Minutes and Records: The planning and zoning board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact. The board shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the board.

1.600.11 HEARINGS, APPEALS, NOTICES:

A.

Who May Make Appeals: Appeals to the planning and zoning board concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by the decision of the building inspector or zoning administrator.

B.

Timing of Appeals: Such appeals shall be taken within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the board, by filing with the building inspector and with the planning and zoning board a notice of appeal specifying the grounds thereof. The zoning administrator shall transmit to the board all papers constituting the record upon which the action appealed was taken.

C.

Public Notice of Appeals: The planning and zoning board shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

1.600.12 STAY OF PROCEEDINGS:

An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the planning and zoning board after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, issued by a court of record.

1.600.13 DUTIES OF THE BOARD OF MAYOR AND ALDERMEN IN THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE: The Board of Mayor and Aldermen of the City of Yazoo City shall have the final authority with regard to all matters involving this zoning ordinance. The duties of the board of mayor and aldermen shall include, but not necessarily be limited to:

A.

Administrative review under which the board of mayor and aldermen hears and decides appeals from actions of the planning and zoning board.

B.

Acting upon all recommendations from the planning and zoning board on applications for dimensional variances and special exceptions.

C.

Acting upon all applications for re-zonings (i.e., amendments to the official zoning map). In accordance with section 17-1-17 of the Mississippi Code of 1972, as amended, "any party aggrieved with the recommendation of the (Planning and Zoning Board) shall be entitled to a public hearing before the (Board of Mayor and Aldermen), with due notice thereof after publication for the time and as provided by (the Mississippi Code)."

D.

Acting upon all recommendations from the planning and zoning board on proposed amendments to the text of the zoning ordinance.

E.

Accepting, rejecting, or conditionally approving site plans, preliminary subdivision plats or development plans.

F.

Appointing the members of the planning and zoning board.

1.600.14 DIMENSIONAL VARIANCES: Where the strict application of this Ordinance would result in peculiar and exceptional practical difficulties to or exceptional hardship upon the owner of such property, the board of mayor and aldermen is empowered to grant, upon an application relating to such property, a dimensional variance from such strict application so as to relieve such difficulties or hardships. Examples of such difficulties or hardships include exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of this ordinance; or by reason of the location of trees, natural drainage course, lakes, or other desirable or attractive features, which condition is not generally prevalent in the neighborhood.

A.

Requirements for Granting Variances: Any person desiring a dimensional variance from the terms of this ordinance shall submit a written application (on a form furnished by the zoning administrator) demonstrating compliance with all of the following:

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 ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district 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 privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

5.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure.

6.

That the granting of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public interest.

7.

Traffic visibility on adjoining streets will not be adversely affected.

8.

Drainage from proposed buildings and structures will not adversely affect adjoining properties and public rights-of-way.

B.

Corollary Guidelines for Determining Hardships:

1.

A variance is not the appropriate remedy for a general condition; when:

a.

Such hardship is not shared generally by other properties in the same district and the same vicinity.

b.

The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance.

2.

Self-inflicted hardship is not grounds for a variance.

3.

Personal hardship is not grounds for a variance. The hardship must relate to the physical character of the property:

a.

The hardship is created by the physical character of the property, including dimensions, topography, or soil conditions, or by other extraordinary situation or condition of such property.

b.

Personal hardship shall not be considered as grounds for a variance, since the variance will continue to affect the character of the neighborhood after title to the property has passed to another owner.

4.

Economic hardship in itself is not grounds for a variance. It may be considered as an element, but there must be other compelling considerations.

5.

The hardship must be severe and unnecessary in achieving public purposes.

6.

The variance must not adversely affect adjacent property or the character of the district. This limitation is clear in item 1.600.08-A above of the standards governing variances unless the board of adjustment finds that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance.

C.

Guidelines for Determining Practical Difficulties: A practical difficulty is present where the requested dimensional change is minimal and the harm to the applicant denied a variance will be greater than the probable effect on neighboring properties if the variance is granted. The following factors shall be considered in evaluating the costs and benefits of granting the variance:

1.

The nature of the zone in which the property lies.

2.

The character of the immediate vicinity and the permitted uses.

3.

Whether, if the variance were granted, neighboring property would be seriously affected.

4.

Whether, if the variance were not granted, it would seriously hinder the owner's efforts to make normal improvements given the property's permitted use.

D.

Variances Granted by Zoning Administrator: Many times applications for variances involve less than ten percent of the required dimensions and usually have no problems connected with them. Therefore, the zoning administrator shall have the authority to grant variances of up to ten percent of the dimensional requirement. Requests for variances over ten percent must be heard by the planning and zoning board. Adjacent property owners are notified of the application. If there is no objection, the zoning administrator may grant the modification without a public hearing.

E.

Existence of Nonconforming Uses Not Grounds for Variance: The existence of nonconforming uses of neighboring lands, structures, or buildings in the same zoning district shall not be considered grounds for granting a variance. Furthermore, the existence of permitted or nonconforming use of lands, structures, or buildings in other districts shall not be considered grounds for issuance of a variance.

(Note: Allowing the applicant to construct a building to conform with existing nonconforming buildings in the same area as the proposed variance would not be proper, since the other buildings, although allowed to remain as nonconformities, may be located much too close to the street right-of-way, side or rear property line, etc., for the purpose of this ordinance. Therefore, the variance should prescribe conditions which are as close as possible to the dimensional requirements of this ordinance.)

F.

Site Plan Required: Every applicant for a dimensional variance shall submit a site plan in accordance with section 1.600.17 of this ordinance.

G.

Public Hearing Required: A public hearing shall be held in accordance with section 1.600.21 of this ordinance for all proposed dimensional variances.

H.

Required Findings: No variance shall be issued until the board of mayor and aldermen have made a finding that the reasons set forth in the application justify the granting of the variance, and that the variance constitutes the minimum allowable deviation from the dimensional regulations of this ordinance in order to make possible the responsible use of the land, building or structures. Furthermore, no variance shall be granted until the board of mayor and aldermen have made a finding that the granting of the dimensional variance will be in harmony with the general purpose and intent of this ordinance, and that the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

I.

Conditions and Safeguards May Be Prescribed with Dimensional Variance: In granting any dimensional variance, the board of mayor and aldermen may prescribe appropriate conditions and safeguards in conformity with this ordinance. When made a part of the terms under which the variance is granted, a violation of the conditions and safeguards shall be deemed a violation of this ordinance and punishable under section 1.600.26 of this ordinance. The applicant for the dimensional variance shall be required to sign a statement that he/she accepts the conditions and safeguards prescribed by the board of mayor and aldermen. This statement shall be notarized by a notary public. The original of this signed statement shall be kept on file by the zoning administrator.

J.

Granting of a "Use Variance" Prohibited: Under no circumstances shall the board of mayor and aldermen issue a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

1.600.15 SPECIAL EXCEPTIONS: The board of mayor and aldermen are empowered to hear and decide whether or not proposed special exceptions authorized under this ordinance should be granted after receiving recommendations from the planning and zoning board. Additionally, the zoning administrator must review and make recommendations on each conditional use application.

A.

Purposes of Special Exceptions:

1.

The development and implementation of this zoning ordinance is based upon the division of the community into districts, within which the use of land and buildings, and the bulk and location and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics or nature, require special and intensive review to determine whether they should be permitted in specified locations.

2.

These special exceptions also require review based upon standards and the application of special conditions and safeguards if permission is granted in such locations. Special use procedures and standards as provided herein are intended to assure that such review is made and that appropriate conditions and safeguards are attached. Special exception procedures and standards shall be applied, and special exceptions granted, only in cases specified in this ordinance.

3.

Conditions are required for specified uses which must satisfy standards in addition to those generally applicable in a zoning district to eliminate or minimize the potentially harmful characteristics or impact of such conditional uses on the character of the zoning district in which they will be located.

4.

In addition to zoning procedures and requirements relating generally to issuance of building permits and certificates of occupancy/zoning compliance, a conditional use system is hereby established. It is intended that this system shall assure special examination, review, and findings by appropriate agents, agencies or bodies in connection with proposed actions particularly specified in this ordinance.

5.

Special exception procedures and standards as set forth herein are intended to apply in relation to use, occupancy, location, construction, design, character, scale manner of operation, or necessity for making complex or unusual determinations, and to assure consideration of the particular circumstances of each case and the establishment of such conditions and safeguards as are reasonably necessary for protection of the public interest generally, of adjacent properties, the neighborhood, and the jurisdiction as a whole.

6.

For the purposes of this ordinance, the term "requirements" refers to the restrictions which apply to all uses in a district, whether permitted as of right or only through a conditional use. They apply automatically to all uses in a zone.

"Standards" are the guidelines for use by administrators in making decisions such as for rezonings or variances. They involve the application of stated criteria to given situations.

"Conditions" are additional restrictions beyond the stated standards, applied to a particular use, which might govern, for example, hours of operation or the location of exits and entrances or the type of screening. A violation of the conditions is a violation of the ordinance. The above distinctions help to define the way discretion is to be exercised in making the provisions of this ordinance flexible to meet the needs of different situations in particular locations.

B.

General Procedures and Multiple Applications: Applications for special exceptions may be accompanied by applications for rezonings and/or variances from the zoning ordinance or other city ordinances. When this happens, the administrative officer will schedule a simultaneous hearing between the bodies/agencies involved to hear and decide the applications with the special exception. These individual procedures must be followed:

1.

All applications for special exceptions must first be submitted to the zoning administrator, who reviews them in light of all standards in sections 1.600.15-D and 1.600.15-E. Afterwards, the zoning administrator forwards the application and his recommendations to the planning and zoning board for their review, comments, and recommendations.

2.

If two or more applications are submitted by the same applicant and one is denied, the other application(s) is/are automatically withdrawn from consideration.

3.

If one of the applications is approved but with major changes that change the basic premise of the applicant's other applications, then the other applications (for variances, the site plan, air approach height exceptions, flood hazard encroachments) must be amended and re-filed.

4.

After completing their review, the planning and zoning board then forwards the application and their recommendations to the board of mayor and aldermen.

C.

Action by the Board of Mayor and Aldermen. Findings required:

1.

The hearing shall be held, at which any party may appear in person or by agent or attorney. The board of mayor and aldermen must make their decision within a reasonable time thereafter, not to exceed 30 days.

2.

After receiving recommendations from the planning and zoning board and before granting any special exception, the board of mayor and aldermen must make written findings that it is empowered under specified sections of this ordinance to grant the special exception and that the granting of the special exception will not adversely affect the public interest.

D.

General Standards: The board of mayor and aldermen shall not grant any special exception unless all of the following findings are made:

1.

The special exception is in conformity with the city's comprehensive plan generally or the land use plan specifically; and with the purpose, intent and applicable standards of this ordinance.

2.

The proposed special exception is designated by this ordinance as a conditional use in the zoning district in which the property in question is located. Uses that are not specifically listed as conditional uses are prohibited.

3.

The proposed special exception will comply with all applicable regulations in the zoning district in which the property in question is located.

4.

The proposed use will comply with all special regulations established by this ordinance for such special exception.

5.

The establishment or maintenance of the special exception shall not be detrimental to the public health, safety, or general welfare.

6.

The special exception shall be located, designed, maintained, and operated to be compatible with the existing or intended character of the zoning district.

7.

The special exception must not depreciate property values.

8.

The conditional use must not be hazardous, detrimental, or disturbing to present surrounding land uses due to noise, glare, smoke, dust, odor, fumes, water pollution, erosion, vibration, general unsightliness, electrical interference, or other nuisance.

9.

The special exception must generate only minimal vehicular traffic on local streets and must not create traffic congestions, unsafe access, or parking needs that will cause inconvenience to the adjoining properties.

10.

The special exception must be served adequately by essential public services such as streets, police, fire protection, utilities, schools, and parks.

11.

The special exception must not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the city.

12.

The special exception shall preserve and incorporate the site's important natural and scenic features into the development design.

13.

The special exception shall cause minimal adverse environmental effects.

14.

No conditions imposed on a special exception as a result of these standards will be so unreasonably difficult as to preclude development of the use.

15.

Other information as required by the zoning administrator or building official.

E.

Site Design Related Standards: Before granting any application for a special exception, the board of mayor and aldermen shall make written findings that the granting of the permit will not adversely affect the public interest. The board of mayor and aldermen shall also make written findings certifying compliance with the specific rules and requirements governing individual special uses, and that, where applicable, satisfactory provision and arrangement have been made concerning the following:

1.

That the size and shape of the site, and the capacity and bulk of the use to be in character with surrounding uses and the neighborhood. The size and shape of the site for the intended use must be adequate to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, and other features required by this (zoning ordinance) to adjust the use with those on abutting land and in the neighborhood.

2.

That the site for the proposed use relates to streets and highways properly, both as to width and type of pavement to carry the quantity of traffic generated by the subject use. No substantial additional traffic beyond that which would occur if any permitted uses were to locate on the site in the zone district. Traffic generated by the proposed special exception must be compared to the existing traffic capacity of the streets immediately surrounding the use and to the most recent average daily traffic counts.

3.

That in approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted use thereof.

4.

That in requiring any of the conditions and safeguards in this subsection, the administrator deems such requirements to be the minimum necessary to protect the health, safety, and general welfare:

a.

Vehicle circulation. There is ingress and egress to the property and proposed structures or uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. This includes sidewalks, driveways, internal streets and drives, traffic signals, and turning lanes on abutting streets and arterials;

b.

Off-street parking and loading areas are required with particular attention to the items in (1) above;

c.

Refuse and service areas, with particular reference to the items in (1) and (2) above;

d.

Control of noise, glare, odor, or other potentially adverse effects of the proposed use on abutting and nearby property, and screening and/or buffering on the periphery of the project to alleviate such effects. Such screening and buffering should also be compatible to abutting and nearby property;

e.

Control of drainage and erosion;

f.

Utilities, with reference to location, availability, and compatibility;

g.

Signs and lighting, with reference to glare, traffic safety, and compatibility and harmony with adjoining properties and the character of the area; preservation of existing trees and other attractive natural features of the land;

h.

Required yards and other open spaces and preservation of existing trees and other attractive natural features of the land;

i.

Regulation of time for certain activities; general compatibility with adjacent properties and other property in the area;

j.

Use of the site next to property lines, to minimize incompatibility with abutting properties. This might require applicant to shift on-site uses to different locations on the site to place less intensive and passive uses closer to abutting properties with less intensive uses;

k.

Safety of the proposed use, which includes dangerous and obnoxious industrial processes such as gas station fuel tanks, electrical substations, and natural gas pumping stations in residential areas. The administrator and, by extension, the city must assure that these safety problems are resolved;

l.

Impact on the capacity of public facilities, so that the proposed special exception does not take an excessive share of the available capacity of the water and sewer systems, storm drainage channels, schools, and recreational facilities. The project may be required to scale back its proposals, provide the additional public facilities or contribute to the cost of meeting the excess overload;

m.

Minimal negative environmental and economic impact. The administrator shall impose conditions to mitigate negative impacts based on the known and significant probability that damage will occur in the future rather than the possibility it might occur;

n.

No encroachment upon flood hazard zones or airport approach zones;

o.

Where the special exception application is denied, the record of the administrator must set forth, and the applicant shall receive written notice of, the specific grounds for denial.

F.

Conditions. Safeguards, and assurances: The board of mayor and aldermen may impose such conditions relating to the special exception as he may deem necessary in the particular case to protect the public interest, in relation to the items listed in section 1.600.15-F above and as may otherwise be reasonably necessary, and may require a guarantee or bond to insure continued compliance with such conditions and continued maintenance of such safeguards. Violation of conditions or safeguards lawfully attached to any conditional use shall be deemed violations of this ordinance. The conditional use approval may be revoked until all violations are corrected.

G.

Special Exceptions Apply to Property. Not person: When granted, a conditional use, together with any conditions or safeguards attached, shall apply to the land, structure or use for which it was issued, and not to a particular person.

H.

Withdrawal of Application: Rehearing if Withdrawn or Denied: An application for a special exception approval may be withdrawn at any time, but if withdrawn after the department has convened the hearing at which it was to be considered or if denied by the department, substantially the same application shall not be considered within 12 months from date of withdrawal or denial.

I.

Multiple Applications and Simultaneous Project Review: For projects which require more than one application and public hearing by more than one board or commission, the zoning administrator shall arrange a joint public hearing where the applications shall be heard by members of each body.

J.

Issuance of Special Exception Approval: Special exception approval must be issued upon certain conditions, such that if an applicant meets the requisite standards specified in the ordinance, the permit must be allowed. Conditions other than those delineated in the ordinance must not be arbitrarily imposed but must be related to the purposes of zoning. Applications may be denied only on proof that the use is detrimental to the public health, safety, and welfare. Reasons for denial must be specific. The permit will be signed and issued by the building official, with the mayor's signature of approval. The board of mayor and aldermen are empowered to hear and decide whether or not proposed special exceptions (conditional uses) authorized under this ordinance should be granted.

K.

Requirements for Granting a Special Exception: Any person desiring a special exception shall submit a written application (on a form furnished by the zoning administrator) indicating the section in the ordinance under which the special exception is sought and stating the grounds on which it is requested. The mayor and board shall not grant a special exception unless satisfactory provision and arrangement has been made concerning the following where applicable:

1.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

2.

Off-street parking and loading areas where required with particular attention to the items noted above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district.

3.

Refuse and service areas, with particular reference to the items noted above.

4.

Utilities, with reference to locations, availability, and compatibility.

5.

Screening and buffering with reference to type, dimensions, and character.

6.

Required yards and other open space.

7.

General compatibility with adjacent properties and other property in the district.

8.

Any other provisions deemed applicable by the board of mayor and aldermen.

L.

Site Plan Required: Every applicant for a special exception shall submit a site plan in accordance with section 1.600.17 of this ordinance.

M.

Public Hearing Required: A public hearing shall be held in accordance with section 1.600.21 of this ordinance for all proposed special exceptions.

1.600.16 AMENDMENTS TO THE ZONING ORDINANCE TEXT OR THE OFFICIAL ZONING MAP (RE-ZONING):

A.

Type of Amendments/Application Required: Amendments to this ordinance include: (1) amendments to the text; and (2) amendments to the official zoning map, which is legally a part of this ordinance. Any person may initiate an amendment to this ordinance by filing an application with the zoning administrator (on a form furnished by him/her).

B.

Amendment (Rezoning) Application Review Standards: In reviewing applications for amendments to the official zoning map, the board of adjustment in their separate reviews shall consider the proposed change in relation to the following standards:

1.

Rezonings must pass threshold standards: no proposed zoning amendment will receive favorable recommendation unless it passes the following threshold standards for a valid spot zoning:

a.

The proposal must not be a small parcel of land singled out for special and privileged treatment.

b.

The proposed change must be in the public interest and not only for the benefit of a land owner(s).

c.

The proposed change is consistent with all elements of the comprehensive plan and sound planning principles as follows:

(1)

If a development proposal falls within one of the use and/or residential density categories indicated on the land use map, the planning and zoning board shall find the proposal consistent with the plan.

(2)

If a development proposal is not consistent with the plan map, the zoning administrator and the planning and zoning board shall review the plan's written policies to determine whether the proposal would undermine or conflict with them. If the zoning administrator and the planning and zoning board determine that the proposal would not conflict with or undermine the plan's policies, they shall find the proposal consistent with the plan.

(3)

If an applicant's property for rezoning falls adjacent to a district having the desired zoning classification, the rezoning proposal may be determined to be consistent as an extension of the adjacent property's zoning classification.

d.

The proposed change must not create an isolated district unrelated and incompatible to adjacent districts.

2.

Passing the threshold standards determines if the rezoning goes further: If the rezoning application does not pass the above threshold standards, the proposed amendment will be considered to be an invalid spot zoning and will be denied on that basis. If the proposed zoning change is not in accord with all elements of the city's comprehensive plan, and if the applicant wishes to pursue the zoning change, an amendment to the comprehensive plan will be necessary before proceeding further. If the application passes the above thresholds for a valid spot zoning, then the following review standards shall also be considered:

a.

Whether the existing land use pattern will change and/or possibly increase or overtax the load on public facilities such as schools, utilities, or streets;

b.

Whether existing zoning district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

c.

Whether changed or changing conditions made the passage of the proposed rezoning necessary. That is, has the character of the neighborhood changed to such an extent as to justify reclassification, and is evidence of a public need for the rezoning in that location?;

d.

Whether the proposed change will adversely influence living conditions and/or property values in the neighborhood;

e.

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety;

f.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning;

g.

Whether there is evidence of a mistake in the original zoning due to a clerical error;

h.

Whether the proposed change is speculative. A proposed change must have a definite zoning district in mind as well as a proposed intent or purpose for the proposed zoning district;

i.

There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely the uses that applicants state they intend to make of the property involved.)

j.

There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change.

C.

Criteria for Rezoning: No amendment to the official zoning map shall be approved unless the proposed rezoning meets one of the following criteria:

1.

That there was a mistake in the original zoning. "Mistake" in this context shall refer to a clerical or administrative error, such as a mistake of draftsmanship on the official zoning map or incorrectly reflecting the board of mayor and aldermen's decision in the minutes. "Mistake" does not mean that the board of mayor and aldermen made a mistake in judgment in their prior zoning, such as not realizing the full meaning of the zoning classification or mistakenly placing the property in one classification when the evidence indicated that another would have been more appropriate.

2.

That the character of the neighborhood has changed to such an extent as to justify reclassification, and that there is a public need for the rezoning.

Proposed Rezoning Shall Be Consistent with Adopted Comprehensive Plan: Section 17-1-9 of the Mississippi Code of 1972, as amended, requires that "zoning regulations shall be made in accordance with a comprehensive plan." Accordingly, no amendment to the official zoning map shall be recommended for approval by the planning and zoning board unless the proposed rezoning is consistent with all four elements of the adopted Comprehensive Plan of the City of Yazoo City, including the goals and objectives, the land use plan, the transportation plan, and the community facilities plan.

D.

Public Hearing Required: In accordance with section 17-1-17 of the Mississippi Code of 1972, as amended, a public hearing before the planning and zoning board shall be held on any proposed amendment to the text of this ordinance or the official zoning map following at least 15 days' notice of the hearing in "an official paper or a paper of general circulation in such municipality specifying a time and place of said hearing." The hearing shall be held in accordance with section 1.600.21 of this ordinance.

E.

Notification of Adjacent Property Owners: The applicant shall notify all property owners within 160 feet in all directions (excluding the rights-of-way of streets or highways) from the lot lines of any parcel or parcels of land proposed for re-zoning.

Notification shall be by certified mail stating the date, time, location and purpose of the public hearing, in the City of Yazoo City, and shall be mailed to such property owners 15 days prior to the public hearing with notification of receipt of the letter returned to the building inspector. The zoning administrator shall attach all notifications of receipt of the letter to the application.

This notification of adjacent property owners is not required by State law. It is done as a courtesy to citizens owning property within the immediate area of proposed amendments. Failure of any property owner to receive notification of a public hearing concerning a proposed re-zoning shall not be grounds for contesting actions by the City of Yazoo City. (Note: The 160-foot distance is consistent with section 17-1-17 of the Mississippi Code of 1972, as amended.)

F.

Public Hearing Before Mayor and Board of Aldermen Unnecessary Unless Requested by Aggrieved Party: Following a public hearing held before the planning and zoning board on a proposed amendment to this ordinance (either an amendment to the text or official zoning map), it shall not be necessary to hold another hearing on the proposed amendment; the board of mayor and aldermen may act upon the recommendation of the planning and zoning board. However, any party aggrieved by the recommendation of the planning and zoning board shall be entitled to a public hearing before the board of mayor and aldermen, with due notice thereof after publication for the time, date and place within 15 days.

G.

Two-Thirds Vote of Board of Aldermen Necessary to Approve Rezoning Under Certain Circumstances: In case of a protest against a proposed rezoning signed by 20 percent or more of the property owners, either within the area of the proposed rezoning or of those within 160 feet of the property proposed for rezoning, such amendment shall not become effective except by the favorable vote of two-thirds of all members of the board of mayor and aldermen. (See section 17-1-17 of the Mississippi Code of 1972, Annotated, as amended.)

H.

Res Judicata: Upon the submission of an application for a rezoning, and a determination by the board of mayor and aldermen that said application should be denied, the board of mayor and aldermen shall not accept a subsequent application to rezone the same property or any part thereof to the same classification until the expiration of one year from the date of the decision of the board denying said application. However, if the application relates to the same property but seeks zoning to a different classification, the doctrine does not apply; and the mayor and board may consider such a proposed rezoning.

I.

When an Ordinance Amending Text or Official Zoning Map Is Required and Publication of That Ordinance: No amendment to the official zoning map or the text of this ordinance shall become effective until an ordinance amending same has been passed by the board of mayor and aldermen. Any ordinance amending the official zoning map shall contain findings of fact citing evidence demonstrating compliance with the criteria specified under section 1.600.10-C of this ordinance. Section 21-13-11 of the Mississippi Code of 1972, Annotated, as amended, requires that "every ordinance passed by (the board of mayor and aldermen) shall be published at least one time in some newspaper published in such municipality, or, if there be no such newspaper, then in a newspaper within the county having general circulation in said municipality."

1.600.17 SITE PLAN REVIEW PROCEDURES: The zoning administrator shall act as the coordinator for the site plan review process. He/she shall advise all applicants for building permits if the proposed use requires the preparation and submission of a site plan (submittal deadline dates) and the official approval of the plan prior to the issuance of the permit. All applicants shall follow the procedures specified below:

A.

Sketch Plan: The applicant is encouraged to meet and consult informally with the zoning administrator. This meeting will give the applicant an opportunity to secure guidance as to what will probably be required before incurring great expense in making a detailed site plan.

B.

Submission of Site Plan: Eight copies of each site plan shall be prepared and submitted to the zoning administrator on or before the submittal deadline date. The zoning administrator shall notify the applicant of any deficiencies or omissions in the site plan. The site plan shall not be processed until all required data is provided.

C.

Applicant Must Be Represented at Planning and Zoning Board and Mayor/Board of Aldermen Meetings: Applicants (or their designated representative) for site plan approval shall be present at meetings of the planning and zoning board and the board of mayor and aldermen when their proposed site plan is to be reviewed, or no action will be taken by those bodies.

D.

Planning Commission Review of Site Plan: Following receipt of the site plan and supporting data, the zoning administrator shall forward one copy and those of other city staff to the planning and zoning board for review.

The planning and zoning board shall review the site plan and data at its next regular meeting following submission of same to the zoning administrator. The zoning administrator (or his/her designated representative ) shall be present at the planning and zoning board meeting.

After reviewing all information relative to the site plan, the planning and zoning board may recommend approval or disapproval of the site plan or before approval, may request the applicant to modify, alter, adjust or otherwise amend the plan. Such conditions may be accepted and agreed to by the applicant at the time and without further hearing, unless the applicant appeals the recommendation to the board of mayor and aldermen in accordance with the zoning ordinance. In any case, the planning and zoning board shall make a written statement of its findings (in the form of minutes).

E.

Approval of Site Plan by Board of Mayor and Aldermen: The zoning administrator shall forward the recommendation of the planning and zoning board to the board of mayor and aldermen. The board of mayor and aldermen shall approve or deny, in whole or in part, the recommendation of the planning and zoning board and this shall be done by the board of mayor and aldermen without the necessity of holding further hearings (unless appealed in accordance with the zoning ordinance. Such action by the board of mayor and aldermen shall constitute final approval of site plan and authority for the developer to proceed with the proposed development and the issuance of a building permit. Following such approval by the board of mayor and aldermen, the zoning administrator shall stamp copies of the site plan "Approved," sign them. The applicant may request a copy of the stamped approved plan. One copy shall be retained by the zoning administrator in his files.

F.

Site Plan Becomes Zoning Requirements for Proposed Use: The approved site plan shall become the zoning requirements for the property involved. All construction, except for minor adjustments provided under the section 1.600.19-G below, shall be consistent with the approved site plan.

G.

Minor Adjustments to the Approved Site Plan: After the final site plan has been approved, minor adjustments to the plan that comply with the spirit of the zoning ordinance and the intent of the board of mayor and aldermen in approving the site plan may be authorized by the zoning administrator as provided under subsection 1.600.19-B.

H.

As-Built Plans: In the case where exact lot lines cannot be drawn until after construction, (e.g., townhouse subdivisions) the builder shall submit "as-built plans" of the development following construction.

1.600.18 SPECIFICATIONS FOR ALL REQUIRED SITE PLANS: The purpose of this section is to present in one place the data and specifications required for any proposed development that shall require site plan review under this ordinance. The following data shall be supplied by the applicant by showing such information on the required site plans:

A.

Existing and proposed lot lines (property lines).

B.

The zoning of adjacent lots.

C.

The names of owners of adjacent lots.

D.

Rights-of-way of existing and proposed streets, including streets shown on the adopted thoroughfares plan.

E.

Existing and proposed accessways, curb cuts, driveways and parking (including number of parking spaces to be provided) and loading areas.

F.

All existing and proposed easements and rights-of-way, existing and/or to be dedicated.

G.

All existing and proposed water and sanitary sewer lines; also, the location of all existing and proposed fire hydrants.

H.

A drainage plan showing all existing and proposed storm drainage facilities. The drainage plan shall indicate adjacent up-stream drainage basin(s) and through-site drainage courses and projected storm water volumes from off-site and on-site sources, as required by the city's flood prevention ordinance.

I.

Show base flood elevation (BFE) as required by the city's flood prevention ordinance. Floodplain zone designations according to maps prepared by the Federal Emergency Management Agency, National Flood Insurance Program (NFIP) or latest data available, and any proposed floodway modifications.

J.

Landscaped areas and planting screens when required by the city.

K.

Building lines and the location of all structures and utilities, existing and proposed, above and below ground.

L.

Proposed uses of the land and buildings.

M.

Existing contours at vertical intervals of two feet of less based on National Geodetic Vertical Datum (NGVD) plus proposed finish grade contours as required.

N.

Open space and recreation areas, when required.

O.

Area (in square feet and/or acres) of parcel.

P.

Proposed gross lot coverage by buildings and structures.

Q.

Number and type of dwelling units (where proposed).

R.

Location of sign structures.

S.

Existing and proposed lighting.

T.

A "development plan" when staging of development is proposed.

U.

Traffic study if deemed necessary by the zoning administrator and/or the city engineer.

V.

Location map.

W.

Exterior elevations/colors.

X.

Scale of drawings both by written scale and graphic scale.

Y.

Magnetic north arrow.

Z.

Any additional data necessary to allow for a thorough evaluation of the proposed use.

1.600.19 OTHER REQUIREMENTS: In addition, a title block shall be shown on the site plan that such information as the date and date of any revisions, name of developer, name and address of owner, zoning of subject property, name of engineer and landscape architect, etc., shall be located.

A.

Other Exhibits: Photographs, renderings, color slides, models and similar items may be required of the applicant if board of mayor and aldermen deem it is necessary to have a full understanding of the proposal.

B.

Staging of Development Requires Development Plan: Whereas developer proposes to construct a particular land use requiring site plan review under this ordinance by stages, (e.g., PUD's, large multi-family developments, large commercial developments, etc.), sufficient data shall be provided in development plan (sometimes referred to as a sketch plat or master plan) to indicate such staging by numbers and types of buildings or structures proposed for each stage, the general area to be developed in each stage and related information. The general concept presented in the development plan shall be adhered to as much as possible by developers. Significant deviations (as determined by the planning and zoning board) from the development plan initially approved shall require approval by the board of mayor and aldermen following recommendation by the planning and zoning board.

1.600.20 CRITERIA FOR SITE PLAN REVIEW: Criteria for site plan review consist of the five components specified below:

A.

Consistency with Adopted Land Use Plan an Zoning Ordinance: The proposed site plan shall be consistent with adopted land use plan and zoning ordinance (including the official zoning map).

B.

Vehicular Traffic Circulation and Parking: The following aspects of vehicular traffic circulation and parking shall be reviewed:

1.

Is the site plan consistent with the adopted thoroughfares plan?: Are the developer's plans for any new streets that will traverse the site consistent with proposed alignment and right-of-way/surface width requirements indicated on the adopted thoroughfares plan? Do the developer's planned setbacks for buildings and structures consider the proposed widening of existing streets and highways reflected on the adopted thoroughfares plan? If the proposed development will abut an unpaved street, are the developer's plans for paving that street consistent with the right-of-way/surface width specifications shown in the adopted thoroughfares plan?

2.

Street network capacity: Is the street system in the vicinity capable of carrying traffic generated by the proposed development, according to traffic projections developed by the city engineer or the Central Mississippi Planning and Development District?

3.

Traffic engineering operation of adjacent streets: What traffic control devices are needed on adjacent streets?

4.

Compliance with zoning ordinance (off-street parking, loading, and access requirements).

5.

Are proposed freight delivery areas separated from customer access in commercial and industrial?

C.

Utilities: The following shall be evaluated with regard to utilities:

1.

Water and sewer system capacity and oversizing (future) needs.

2.

On-site and off-site drainage requirements, including retention ponds.

3.

Are underground utilities required on the site?

4.

Are garbage disposal facilities enclosed in accordance with the city's requirements?

D.

Open Space, Landscaping, and Tree Requirements: [Reviewed by the Yazoo City Planning and Zoning Board.]

1.

Submit eight sets of landscape plan to the zoning administrator on or before the submittal deadline date. The zoning administrator shall notify the applicant of any deficiencies or omissions in the landscape plan. The landscape plan shall not be processed until all the required data is provided.

2.

An architectural rendering (perspective and/or elevation) and plans of all building and structures showing style of architecture prepared in accord with the requirements of the Building Code as adopted by the City of Yazoo City. All colors, materials and finishes shall be shown by notation or by use of accepted architectural symbols.

3.

A vicinity map and renderings or photographs of all development on immediately adjacent properties.

4.

If the proposed development is residential and will abut the Illinois Central Gulf Railroad tracks, is the 101-foot railroad setback required?

5.

Perimeter Landscaping: Does the site plan indicate the required ten-foot landscape strip along any abutting arterial streets?

6.

Interior Lot Landscaping: Does the site plan indicate landscaping of interior lots and areas not used for buildings and other structures, parking, required lots and driveways?

7.

Parking Lot Landscaping: Does the proposed parking lot show any landscaping on the site plan?

8.

Preservation of Vegetation: Does the site plan propose the preservation of trees and other vegetation as much as possible?

9.

Is proper use made of floodplains on the site? For example, for open space or passive recreational areas.

E.

Fire Safety:

1.

Are fire hydrants shown on the site plan and properly located to ensure fire protection for all structures?

2.

Are there at least two points of ingress/egress for apartment or condominium complexes, office parks, shopping centers, industrial parks, etc. to provide access for fire equipment and to provide for evacuation when necessary?

3.

Are buildings spaced in accordance with this ordinance and the adopted building ordinance?

F.

Special Exception Site Plan Standards: The following special exceptions have specific site plan standards that apply to them to moderate any adverse impacts on surrounding or nearby uses in any zone:

1.

Funeral homes, mortuaries, crematoriums, and embalming facilities must be:

(a)

Located on arterial streets with rights-of-way of at least 80 feet and with adequate ingress and egress to said arterial;

(b)

Be located at least 200 feet from any residence (single-family, two-family or multi-family);

(c)

Have sufficient off-street automobile parking and assembly area provided for vehicles to be used in a funeral procession. The assembly area shall be provided in addition to required off-street parking;

(d)

Provide screening from all residential view for the loading and unloading area used by ambulances, hearses, or other such service vehicles.

2.

Cemeteries and mausoleums must:

(a)

Have a minimum parcel size of five acres;

(b)

Have a screen of shrubs around the perimeter of the cemetery;

(c)

Require that no grave site be within 150 feet of potable water wells or in flood hazard areas;

(d)

That the planning of cemetery burial lots follows subdivision planning procedures.

3.

Junkyards/salvage yards must:

(a)

Not be located within 500 feet of any interstate highway, or street designated as a gateway, if not completely obscured from view of the street by land forms or buildings;

(b)

Be located near a major collector or arterial or a local street in a heavy industrial zone by special use permit. They may be located near a railroad;

(c)

Comply with all state and federal environmental requirements;

(d)

Be reasonably compatible with surrounding land uses such as vehicle repair shops or businesses that have outdoor storage, especially metal parts;

(e)

Have a minimum of three acres of land;

(f)

Store all items within the fenced area and ensure that no items be piled higher than the fence;

(g)

Provide for the storage and off-site disposal of oil and used tires;

(h)

It shall be unlawful for any person or property owner to store or to allow storage of any junked motor vehicle in the open area on any private property except motor vehicles awaiting repair at legally licensed auto repair garages or legally licensed junkyards.

4.

Tavern, bar, lounge, nightclub, cabaret, saloons, wine restaurants, mini-breweries must: Not be located closer than 500 feet from any residence/dwelling, church, school, park/playground, day care center, or funeral home. Such distances shall be measured along a straight line between the nearest property lines of the establishment and the residence/dwelling, church, school, park/playground, day care center, senior citizens center, or funeral home.

5.

Hospitals must:

(a)

Provide the hospital's long-range development plan showing addition stories and horizontal expansions;

(b)

Be located adjacent to a major arterial with a right-of-way of at least 80 feet, secondary access may be from a collector street;

(c)

Not be located closer than 200 feet from any residence/dwelling;

(d)

Plan vehicular ingress and egress to minimize traffic congestion and maximize traffic flow in and around the facility;

(e)

Not add additional stories beyond the equipment and water pressure capabilities of the fire department;

(f)

Provide a landscaped buffer on hospital tracts abutting residential zones. The buffer is a part of the required zone yards.

6.

Nursing homes must:

(a)

Be located adjacent to at least one arterial street;

(b)

Provide drives and curb-cuts from the nursing home to the arterial or to side streets intersecting with the arterial street;

(c)

Provide one parking space for every two or three beds for ambulatory facilities; non-ambulatory facilities shall provide one space for every five beds and one space for each staff member;

(d)

Provide trash and dumpster areas to be screened from residential view with opaque screens and designed to reduce access by foraging animals;

(e)

Provide no more than one unlighted sign at a size maximum of six square feet;

(f)

Provide side yards of an extra 15 feet (over the base district setback) for the placement of principal buildings on the nursing home site;

(g)

Conform to height limitation and maximum ground coverage of zoning district;

(h)

Be located on a lot size of a least one acre. One acre will serve a facility of approximately 20 beds.

(i)

Personal care home parking.

7.

Veterinary services and animal clinics must:

(a)

Confine the animals within the exterior walls of the building at all times;

(b)

Not be located closer than 200 feet to existing residence, restaurant, apartment, hotel, library, museum, clinic or hospital for humans, church, or theater;

(c)

Be sound-proofed from all adjacent property and uses.

8.

Gasoline service stations/convenience grocery store must:

(a)

Not be located within 200 feet of the location of a church, school, hospital, rest home, nursing home, playground, or residential dwelling(s). Distance to be measured in a straight line from property line to property line;

(b)

Not allow pump islands closer than 15 feet of any property line and canopies no closer than ten feet from any property line;

(c)

Erect masonry or wooden fences at least six feet high around the station site and also plant shrubs and trees around the site if the station wishes to locate closer than 200 feet to the uses listed in item "a" above. Hours of operation may also be designated as part of the special use permit in situations of close proximity to these same uses;

(d)

Provide access driveways no closer than 35 feet from the point of intersection of the right-of-way lines of the adjoining street(s). Two driveways on each street frontage may be permitted and shall be at least 25 feet apart and no closer than five feet to the side property line(s).

1.600.21 PUBLIC HEARING NOTICES AND PROCEDURES: In accordance with the provisions previously established in this ordinance, public hearings shall be conducted by the planning and zoning board for all dimensional variances, all special exceptions, all site plans, and all amendments to the text of the zoning ordinance or amendments to the official zoning map (i.e., re-zoning).

A.

Public Hearing Notice in a Newspaper Required: Whenever a public hearing is required by this ordinance, notice of such hearing shall be given by publishing a notice to all interested persons one time at least 15 days prior to the date fixed for said hearing, such notice to be published in an official paper or newspaper of general circulation in the City of Yazoo City, published in accordance with the following format or a format determined by the board of mayor and aldermen:

1.600.22 FEES:

A.

Schedule of Fees: The board of mayor and aldermen shall establish a schedule of fees for the issuance of building permits, change of use permits, the processing of all site plans required under section 600.15, and the processing of applications for variances, conditional uses and zoning amendments. Said schedule of fees shall be posted in the office of the building inspector/zoning administrator, whose office shall be responsible for their collection.

B.

Amendment of Alternation of Fee Schedule: The schedule of fees may be altered or amended only by the board of mayor and aldermen.

C.

Payment Required: No action or processing shall be taken on any application until all applicable fees, charges and expenses have been paid in full.

D.

Fees Not Refundable: No fees or other monies paid in conjunction with zoning-related matters shall be refunded.

1.600.23 APPEALS:

A.

Appeals from Administrative Interpretation of the Zoning Administrator: In accordance with section 1.600.04-B of this Ordinance, any party aggrieved with the administrative interpretation of the zoning administrator shall have the right to appeal such interpretation. Such appeals may be made directly to the planning and zoning board. The party aggrieved shall submit a written request to the city clerk by 12:00 noon on Wednesdays preceding any regularly-scheduled meeting of the planning and zoning board at which the aggrieved party desires to be heard. All appeals shall be in writing and shall include a copy of the original application for a building permit, change of use permit, dimensional variance, special exception, site plan, or re-zoning, together with a statement of the reason for the appeal.

B.

Appeals from Recommendation of the Planning and Zoning Board: Any party aggrieved with the recommendation of the planning commission as adopted at any meeting of said commission shall be entitled to a public hearing before the board of mayor and aldermen with due notice thereof and after publication for the time and as provided by law. Such a hearing shall be provided only if the aggrieved party files a written request with the city clerk within three working days of the vote of the zoning commission on the recommendation. The written notice shall be on a form prescribed by the city clerk and shall be available to the public from the city clerk, free of charge, during normal business hours. The board will set a hearing within 30 days of receipt of request and post a notice of such public hearing according to section 1.600.21.

C.

Appeals to a Court of Law: An appeal from any action, decision, ruling, judgment or order by the board of mayor and aldermen may be taken by any person or persons to the Circuit Clerk of Yazoo County.

1.600.24 RECONSIDERATION OF REZONED PROPERTIES: Any party believing themselves aggrieved by the change of zoning status of his property as reflected by the official zoning map adopted herein shall have 90 days from the effective date of this ordinance within which to petition the planning and zoning board for reconsideration of the zoning status of such property. After the expiration of the aforesaid 90 days, any person petitioning for a change in the zoning status of his property must base said petition upon changes taking place after the adoption of the aforesaid official zoning map.

1.600.25 VESTED RIGHTS DETERMINATION: The provisions of this ordinance shall not affect any lawfully issued building permit, any preliminary plat or site plan approval, or any rezoning or special use permit, when obtained in conjunction with a site plan or planned development approval, for a period of three years from the date of issuance of the permit or the date of approval. The provisions of this ordinance also shall not affect applications for building permits, preliminary plat or site plan approval, or rezoning or special use permit when accompanied by a site plan or planned development, if said application is pending on the effective date of this ordinance and said permits or approvals are actually obtained within six months of the effective date of this ordinance.

1.600.26 ADMINISTRATIVE CORRECTION OF TEXT ERRORS: For a period not to exceed one year from the date of passage of this ordinance, the zoning administrator shall have the authority to correct typographical errors ambiguities in text language, and other unintentional errors that affect the clear understanding of this ordinance, without going through the ordinance text amendment procedures. The zoning administrator shall document the changes made.

1.600.27 VIOLATIONS OF ZONING ORDINANCE: In accordance with section 17-1-27 of the Mississippi Code of 1972, as amended, "Any person who shall knowingly and willfully violate the terms, conditions or provisions of (this Ordinance), for violation of which no other criminal penalty is prescribed, shall be guilty of a misdemeanor and upon conviction therefore shall be sentenced to pay a fine of not to exceed one hundred dollars ($100.00), and in case of continuing violations without reasonable effort on the part of the defendant to correct same, each day the violation continues thereafter shall be separate offense."

A.

Violations: The building official shall enforce this ordinance except as otherwise provided therein. It shall also be the duty of all officers and employees of the city, and especially of all members of the police department, to assist the building official by reporting to him any seeming violation in construction, reconstruction or land use.

1.

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/zoning administrator. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.

2.

He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take or cause to be taken any other action authorized by this ordinance or the laws of the city or state to ensure compliance with, and prevent violations of, the provisions of this ordinance.

3.

If the building inspector/zoning administrator finds that a violation of this ordinance exists or is proposed, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The building inspector/zoning administrator shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; 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. The city, may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action or proceeding to prevent, enjoin, abate or remove such violation.

4.

Notwithstanding any other corrective general agreement, consensual action or request authorized in this section or any other section of this ordinance, the building official or other enforcement officer under this ordinance, when probable cause exists of a violation, may have the offender arrested and tried in municipal court for such violation.

B.

Issuance of Stop-Work Orders: If an activity violates a building permit or condition of development approval and the violation is discovered while the construction is in process, a stop-work order shall be issued. The violator must answer the stop-work order and correct the violation within ten working days or else appeal the order to the board of adjustment.

C.

Issuance of Cease and Desist Orders: If construction or an activity has been completed, and a violation is discovered that can lead to the revocation of a certificate of occupancy, a cease and desist order shall be issued, which may be appealed to the board of adjustment by filing a notice of appeal within ten working days with the building inspector/zoning administrator.

D.

Penalties: Violation by any person of any provision of this ordinance, or failure to comply with any of its requirements, including any additional requirements or conditions that may have been granted or imposed, after having been duly notified shall, upon conviction thereof, constitute a misdemeanor and any person convicted in city court of such a misdemeanor shall be fined not more than $100.00, per offense, and in addition shall pay all costs and expenses as determined by the court. Each day a violation continues shall constitute a separate offense.

E.

Separate Offenses: The owner, developer, subdivider of any land or lot, or representative of any land owner, premises or part thereof, and any builder, contractor, owner, agent or other person who knowingly commits, participates or assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided.