A.

Legislative Intent.

1.

The citizens of Ascension Parish, after completing a detailed planning process, have determined:

a.

Ascension Parish is experiencing unprecedented growth in new residential and commercial development in the future. This growth far exceeds historical trends.

b.

As a rural parish, Ascension Parish does not have an extensive infrastructure public investment to support development. If development is not carefully planned, the costs of roads, water systems, and sewer systems can quickly accelerate the pressure to raise taxes.

c.

As the location for a large number of industrial plants, Ascension Parish must carefully manage residential and commercial development close to these plants, in order to protect the public safety.

d.

Ascension Parish occupies an extensive floodplain which can create serious construction and public safety problems with concentrated development.

e.

If growth is not carefully managed, development may destroy the rural character of the parish. This character represents a valuable property right to the residents of the parish.

2.

To protect property rights and manage public investments, the Parish Council has enacted this ordinance to establish a clear plan for growth in the parish.

3.

The purpose of this ordinance is to protect public health and safety, increase property values, promote orderly development consistent with the character of the parish, and provide for the careful management of public investment and taxes.

4.

This ordinance reflects the experience that the parish has had in implementing land use regulations since the passage of the initial Development Ordinance in 1998.

B.

Enactment.

1.

Be it ordained by the Ascension Parish Council, pursuant to the authority of the Home Rule Charter powers granted by Louisiana Constitution article 6, section 5, wishes to exercise all its power allowed under the police powers of the United States Constitution, the Louisiana Constitution, and R.S. 33:1236, as amended.

C.

Jurisdiction.

1.

The provisions of this ordinance shall apply to the unincorporated areas in Ascension Parish, Louisiana.

2.

This ordinance shall be administered by the Ascension Parish Planning and Zoning Commission, established under section 17-1: Ascension Parish Planning and Zoning Commission—Created.

3.

This ordinance sets forth the requirements for a person to obtain a development permit for the construction or major alteration of a building or structure in the unincorporated areas of Ascension Parish. The requirements for development permits are set forth in section 17-2090(B): Development permits required. The ordinance also sets forth additional requirements for obtaining a building permit for single-family structures. The requirements for building permits are set forth in the Ascension Parish Buildings and Building Regulations, chapter 6 of the Code of Ordinances of Ascension Parish.

4.

This ordinance implements the Ascension Parish Master Plan and the Ascension Parish Land Use Plan adopted by the Parish Council.

D.

Commentary.

1.

Throughout this ordinance, subsections prefaced "Commentary" are included. Each commentary represents an official statement of legislative finding and purpose. Whenever a section or subsection of this ordinance is deemed to require clarification, explanation of its intent, or further elaboration, that section is followed by a commentary. The commentaries have been legislatively adopted together with the more formal text of the ordinance. They are intended as a guide to the administration and interpretation of the ordinance and shall be treated in the same manner as other aspects of legislative history.

E.

Interpretation.

1.

An administrator, the Planning and Zoning Commission, or the courts shall interpret this ordinance to promote the purposes set forth by the Ascension Parish Council. Those called upon to interpret this ordinance shall proceed as follows:

a.

Determine the public purpose of the standard for which an interpretation is required.

i.

Commentary. Before any zoning interpretation is made, there must be an explicit identification of the purpose for which the initial regulation was imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable negative impact or potential. A sound interpretation of any standard in this ordinance cannot be ensured without a careful analysis of the end to which the regulation is directed.

b.

Determine the impact of the proposed interpretation.

i.

Commentary. It is not always possible to define precisely the impacts of a proposed interpretation. Those charged with interpreting this ordinance should determine impacts after evaluating the viewpoints of adjacent land owners and, where appropriate, expert opinion from parish employees or independent parties.

c.

Determine that the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's land use proposal.

i.

Commentary. This ordinance provides the Zoning Official and the Planning Director with the responsibility for administering its provisions. Their decisions can be appealed to the Planning and Zoning Commission and the Zoning Board of Adjustments. Decisions of the Board are subject to judicial appeal.

F.

Findings of Fact.

1.

The Ascension Parish Council finds that:

a.

Industrial operations in the parish involve the manufacture and transportation of chemicals. These operations pose a risk to public health and safety and should be adequately separated from high density residential development.

b.

Large portions of the parish exist within a flood hazard area. Construction within this area must meet special building standards in order to minimize the risk of loss from flooding.

c.

The parish is undergoing rapid growth and suburbanization. The parish has a limited infrastructure to support this growth. Building new infrastructure should be geographically concentrated in order both to reduce the cost of this infrastructure and to encourage development outside the flood hazard area.

d.

The parish has a limited amount of land available for industrial and business development. The parish needs land use regulations to balance residential, commercial and industrial growth in order to protect the long term tax base of the parish.

G.

Guiding Principles and Policies.

1.

To achieve the purposes of this ordinance as set forth in section 17-201(A): Legislative intent, the Planning and Zoning Commission shall adopt the following set of integrated guiding principles and policies to manage land development in Ascension Parish. These principles and policies are set forth in the Ascension Parish Master Plan and the Ascension Parish Land Use Plan, adopted by the Parish Council.

a.

Principle 1: Protect public safety and property. Protect the public safety and property values by providing adequate separation of industrial, commercial, and residential uses.

i.

Commentary. The central challenge in Ascension Parish is to protect public health and safety from five major challenges: 1) periodic flooding; 2) the encroachment of residential uses near chemical plants; 3) the separation of truck traffic on parish roads; 4) the growth of traffic on a narrow, rural road system; and 5) the increase waste water pollution from increased residential construction.

b.

Principle 2: Manage growth. Encourage growth only in areas of the parish which can support it with adequate soils, drainage, and physical infrastructure.

i.

Commentary. The parish has limited development sites available that are outside the 100-year floodplain. A large portion of the available land for future development is near historic or industrial properties.

c.

Principle 3: Preserve the rural character of the parish. Preserve rural, conservation, and recreation areas from high intensity residential and commercial development.

i.

Commentary. The rural character of the parish comes from open space, trees, and historic sites. Residential growth, while not incompatible with preserving rural character, can erode this character.

d.

Principle 4: Encourage compact commercial centers. Encourage the development of compact commercial centers throughout the parish and discourage "strip" commercial development along highways.

i.

Commentary. Establishing neighborhood commercial centers at crossroads will reduce traffic congestion on narrow rural roads. This approach will also reduce "strip development" that tends to undercut the rural character of the parish.

e.

Principle 5: Keep the process simple and open. Streamline the process of land use management and encourage continuous public comment on development practices.

i.

Commentary. Maintaining an open, fair process is critical to the success of this ordinance. Without public confidence in a fair, impartial process, enforcement of these regulations will not be effective.

f.

Principle 6: Use flexible performance zones that focus on controlling the intensity of development.

i.

Commentary. Instead of having a proliferation of single use zones, the parish should expand the allowable uses of the existing zones and add a few more flexible use zones. The commission should focus on managing the intensity and impact of development and not so much on the use. This approach meets the needs of a rural parish and reduces the cost of administration.

g.

Principle 7: Discourage subdivision development within the 100-year floodplain.

i.

Commentary. Subdivision development is occurring in large areas of the parish that cannot support the intensity of this development. The allowable subdivision development should be largely restricted to the northern part of the parish outside the 100-year floodplain.

h.

Principle 8: Support subdivision development where water and sewer lines are likely to run.

i.

Commentary. Clustering subdivision development near water and sewer lines will reduce the overall cost of water and sewer to the taxpayers of the parish.

i.

Principle 9: Within a zone allowing subdivision development, use a floodplain overlay zone to restrict development within the 100-year floodplain.

i.

Commentary. This overlay zone will reduce drainage problems from development by restricting the amount of fill that can be added within the floodplain.

j.

Principle 10: Reduce the amount of commercial development to discourage strip commercial development along rural roads.

i.

Commentary. The 1998 parish zoning map encouraged commercial zones all along the highways. With the exception of Airline Highway, most roads in the parish cannot support major new commercial development. The Commission should encourage commercial development around intersections, where traffic flow can be more easily managed.

k.

Principle 11: Establish a truck route between the industrial plants and Interstate-10.

i.

Commentary. Currently trucks are mixing with residential traffic on parish roads. This problem will only worsen as the parish grows. A truck route, with limited commercial and residential development, will separate industrial from residential traffic. This step will protect the public safety and provide an efficient corridor from the industrial plants to the Interstate.

l.

Principle 12: Create high quality business development zones in the parish.

i.

Commentary. The 1998 Zoning Map did not provide a site for locating high end office, research and technology development. This district should be located near the current industrial zones and should be compatible with surrounding residential development. The district should encourage high quality business development with minimal environmental impacts. The parish needs additional business development to diversify the economy. In addition, expanding business development will strengthen the tax base to handle the continued growth of residential development.

(DC03-01, 1/9/03; DC09-09, 12/17/09)