The Chronicle-star combined with the Moss Point advertiser., 1946-03-08

OTulItdiiEtF vi NfitlEA1t tIAAAAA TIT 1A
torcement officer OF the Board Ot
Zoning Adjustment believe that such
a permit OF certificate should moi
DC issued until there has been reason
able consideration, among other things.
as 10 the intended building, struc-
ture OF use. and as to the Character
OF the district concerned, traffic,
congestion and its peculiar suitability
for particular USES, and with a view
TO conserving the value Of buildings
and encouraging the most appropriate
use Of land throughout the municipal
ity.
Section 80. Board OF Adjustment.
Duties. The Board of Zoning Adjust
ment shall have the following du-
ties;
4 TO near complaints against any
order. requirement, decision or deter
animation made by the enforcement
Z To hear an application for a
permit for a temporary building or
use of a certificate for temporary
occupancy. as described in Section
20. Paragraph b.
3 TO rear an application for a
permit, building permit or certificate
of occupancy where such permit.
building permit or certificate OF oc-
cupaney has been withheld pending
4 To make a report to the Mayor
and City Council of the City of Pas
caRoula. with a statement of the TACT
involved in each case that has been
heard with recommendations 10 the
Mavor and City Council as to the
proper disposition of each case. How
ever. such report with recommended
ton shall not be valid except where
the recommended disposition OF each
ease is entirely in accordance with
the terms IF this zoning ordinance;
The Mayor and City Council shall
act upon the cases by passing resolu-
lions or ordinances, accepting or re-
iecting the report of the Board OF
Zoning Adjustment or n part there
of. +,
Section %. Cases Before the Board
of Adjustment Upon the refusal Of
an application for a permit, a build
ing permit. or a certificate OF occup-
ancv pending a public hearing, the
person whose permit. building permit
or certificate has been withheld or
refused. and any person who has an
piled for q temporary permit shali. n
order to obtain a public hearing win
the Board of Adjustment Or with the
City Council do as follows:
/. A written request for a public
hearing shall be filed with the En-
forcement Officer. Said request snail
be accompanied by accurate plans
and specifications of the proposed
work showing also the plot Of land
20 be built upon, together WITH the
placement of the proposed building
or use and all other existing or pro-
posed structure or uses.
9. Every request for a pubhc near
ing shall be made within 80 days from
the refusal of permit or certificate
or from the decision of n Enforce
ment Officer to withhold the same
3. Any communication purporting
to he a request for a public hearing
shall be regarded as mere notice to
seek relief and shall not be consider
ed by the Board of Adjustment or
the City Council Until It Is made
stating tal the name OF = person
requesting the hearing, Obi the al
dress of such person, fcl
use of building or premises eoncern-
ID, Id the Zoning District where
the building. structure or premises
concerned is located (el the signature
If the person requesting the hearing,
fD the confirmation of the signature
~ a notary public. and tgl where
the person requesting the hearing IS
not the owner, the names o l the
owner and the lessee. The Enforce
rish forms for the convenience of
persons requesting a public hearing.
4. Upon the receipt OF any COM
munication purporting to be a request
for a public hearing. the person sen
ing such communication shall be no-
titled that he has furnished insufti-
Gent information with such commu-
nication, and if he fails to furnish
the information required in the pre-
ceding paragraphs within 80 lays from
the date of refusal of the permit or
the certificate or decision Of the En-
foreement Officer to withhold the
eame. his case shall be dismissed for
lack Of prosecution
5. Said request for a hearing shall
be accompanied with the sum OF not
less than fifteen dollars tSl500l either
in cash or certified check payable TO
the City of P~aseagoula WHICH amount
ehall be used to defrav the cost of
the required notices and other ex-
penses ANY unused balance shal be
returned to the person requesting
the hearing after the Board has taken
final action on the case.
6 Every person before the rostrum
shall abide by the order and direc-
ton of the Chairman. Discourtesy
or disnrderlv or contemptuous cor
duct shall be regarded as a breach
of the privileges of the Board and
shall be dealt with as the Chairman
deems proper,
4. Requests for public hearings will
be assiened for hearing in the order
in which they appear on the calendar
thereof except that a request Tor hear
ing may be advanced by the Board,
upon good cause shoWn.
2 a lePal notice of each hearing
shall be published in n local news
paper of general circulation for at
least seven DAYS before the date set
for public hearing. The cost of pub
fishing the legal notice-and the pos
tage for mailinp notice to the owner
in the area affected bv such case
will be deducted from the deposit Of
rot more than fifteen dollars with
the Board at the time of filing the
request.
o. ANY person requesting a hearing
may withdraw his request prior to
the decision of The Board of Adjust
ment.
Section 81. Amendments.
The regulations. restrictions apd
boundaries of this ordinance NAV he
amended. supplemented, changed.
~1adtfied ~ renealed as provided in
Section 2428 of the Mississippi Code
Section 81. Penalty and Remedies.
ANY violation of this ordinance
shall constitute a m-isdemeanor, In
case any huildine or structure Is
erected. constructed. reconstructed,
altered. repaired converted or maiu-
tanned. or arv bnildinp. structure or
iand is used in violation of thie ron
ing ordinance. the one local att-
fhoritioe Of the CITY of paseagoula
~ addition to other remedies. shall
institute any appropriatc action or
proceedings to prevent such unlaW-
FIJI erection. construction. recon-
struetion, alteration. reoair. o1ves
sion. maintenance or uee. 70 restrain.
correct or ahafa such violation. In pre-
vent anv illegal act. conduct. b~usin"ss
or usn in ~ about eaich nromises Tho
proper local authority shall prosecute
arv such violation nv n ~anpronriate
a~tion or proceedings with iniure-
lions. writs of mandamue5 or war
RANTS Of arrest such ~miSdpnaa1nr
rls~1 he punishable upon cnnpi"t'oN
9TH > fira ef not raore than Sl0n0 90
for each violation and each days con-