Ascension Parish City Zoning Code

17-2090

Administration and enforcement.

This article sets forth the procedures required for obtaining development permits, certificates of occupancy, and sign permits. This article also specifies the requirements for amendments, variances, administrative appeals, and interpretations of this ordinance. This article does not apply to any property on which an industrial complex is developed and which is zoned industrial and is located within the industrial area designation as set forth in state laws and local ordinances.

Development Permits Required.

No development permitted by this ordinance, including accessory and temporary uses, may be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed, or removed; and no building used, occupied, or altered with respect to its use after the effective date of this ordinance until a development permit has been secured from the Zoning Official. Nothing in this ordinance shall relieve any applicant of the additional responsibility of seeking any permit required by any other applicable statute, ordinance, or regulation.

Exemptions.

Single-family home used as a principal residence. In the case of the construction of a single-family house that will be used as a applicant's principal residence, a building permit shall constitute a development permit.

Small projects. In the case of a development project on a single lot of record with a total construction value of less than $20,000.00, a building permit shall constitute a development permit. Under this section, a landowner may receive only one exemption for each lot of record every three years.

Sign Permits Required.

Unless specifically exempted by section 17-2043(J), on-site commercial sign standards, no sign shall be erected, altered, or relocated after the effective date of this ordinance until a sign permit has been secured from the zoning official. Sign permits shall be renewed prior to their expiration dates as specified below.

Application Requirements for Development Permits.

All applications for development permits shall be made in writing by the owner of the property for which it is sought on a form supplied by the Planning Office and shall be filed with the Zoning Official. The application shall include four copies of the following information.

The legal descriptions of the parcel(s) for which the permit is sought.

A map (or maps) of the property showing (A) its boundaries; (B) total acreage; (C) contours at one-foot intervals if more than two dwelling units or more than 5,000 square feet of commercial area are involved; (D) location, width, and name of all existing or previously platted street, railroad, and utility rights-of-way; (E) the location of any existing sewers, water mains, culverts, and other underground facilities within and adjacent to the tract, indicating pipe sizes, grades, manholes, and location.

A statement of the proposed use of each parcel.

A layout of the proposed development drawn to scale showing the location and exterior dimensions of all existing and proposed buildings and uses in relation to parcel and street lines.

A site plan shall be required, as a precondition to the issuance of a development permit, in the following instances:

The establishment of any land uses which will take direct access to a state road.

ii.

The development of any single land use consisting of ten or more acres.

iii.

The development of any commercial, industrial, recreational, or institutional use.

iv.

The development of any residential land use consisting of more than two residential units.

The site plan shall include all information required by the Zoning Official. This information shall include:

Provisions planned for treatment and disposal of sewage and industrial wastes, water supply, and storm drainage.

A traffic impact study pursuant to Appendix IV—Subdivision Regulations section 17-405 I. A traffic scoping information form, as provided by the Department of Planning and Development, shall be submitted with the application.

The size and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density for residential or commercial development.

ii.

The location, height, and composition material of all walls, fences, or other structures to be utilized in providing the bufferyards required by this ordinance.

iii.

The location and dimension of all existing and proposed vehicular drives, entrances, exits, traffic circulation patterns, acceleration and deceleration lanes.

iv.

The location and dimension of all existing and proposed pedestrian entrances, exits, and walkways.

The location, size, arrangement and capacity of all areas to be used for off-street parking and off-street loading.

vi.

The location, size, height, composition material, illumination, and orientation of all signs.

vii.

Plans and specifications of the proposed lighting.

viii.

Any other data deemed necessary by the planning official to determine the compliance of the proposed development with the terms of this ordinance.

ix.

If the application relates to property scheduled for phased development, the proposed layout of the total projected development shall be indicated and each phase's projected scope and time period indicated to the extent possible.

When a development permit is sought for a development which is a part of a plat of a subdivision which has received final plat approval, the plat, shall be submitted as a part of the application for the development permit.

In the case of any development which is required to develop pursuant to a plat of subdivision, the development shall have received and properly recorded a final approved plat before an application for a development permit will be accepted for processing by the Zoning Official.

No application shall be accepted by the Zoning Official until it is complete as described above, and until all fees established by Ascension Parish for processing an application have been paid in full.

Application Requirements for Sign Permits.

All applications for sign permits shall be made in writing on a form supplied by Ascension Parish and shall contain or have attached thereto the following information.

Name, address, and telephone number of applicant.

Location of building, structure, or lot to which or upon which the sign is to be attached or erected.

Two blueprints, photocopies or ink drawings of the plans, specifications, and method of construction and attachment (i.e., either to a building or in the ground) of all proposed signs.

A certified copy of the development permit issued to the use(s) to which the sign is related together with a complete copy of the application required for that zoning certificate. When a sign permit is sought for a use which was existing at the effective date of this ordinance, the Zoning Official shall specify the information required to show full compliance with the sign regulations of this ordinance, but in no event shall information not required by this section or an application for a development permit be required.

Procedures.

Developments consisting of a single dwelling unit shall be reviewed for compliance with this ordinance, and within two days after the application for a development permit has been accepted, the Building Official shall inform the applicant whether the application has been granted.

In any case where the application is granted, the Building Official shall issue a building permit. Before any structure to which this certificate is applicable may be occupied or used for any purpose a certificate of occupancy must be obtained.

In any case where an application is denied, the building official shall state the specific reasons and shall cite the specific chapters, articles, and sections of applicable ordinances upon which denial is based.

Development consisting of lots, uses, or structures other than described in paragraph (a) shall be reviewed for compliance with this ordinance by the Zoning Official in as timely a manner as possible. The Zoning Official shall inform the applicant whether the application has been granted within 30 days after the application for a development permit has been accepted by the Zoning Official and such permit has been issued.

If an application is denied, the zoning official shall state the specific reasons and shall cite the specific chapters, articles, and sections of this ordinance upon which denial is based.

Applications for sign permits shall be reviewed for compliance with this ordinance, and within two days after acceptance of the application the Zoning Official shall inform the applicant whether the permit has been granted.

Site Plan Review.

The zoning official shall review all site plans subject to the procedures, standards, and limitations set forth in this section, and approve or disapprove the proposed plan. No developer required to submit a site plan for review shall be entitled to a development permit until the Zoning Official has approved the site plan.

Commentary. The site plan review process is designed to ensure that all elements are reviewed for compatibility with the regulations and intent of this ordinance. A preliminary site plan, much like a preliminary or tentative plat of subdivision, is intended to serve as a working document for the developer and the Parish of Ascension in the initial phases of the site plan review. It shall contain as much of the information required of an application for a development permit as possible and, in any event, shall provide sufficiently detailed information to allow an informed decision concerning the overall accept ability of the proposed development.

Following review of the preliminary site plan, the Zoning Official shall consult with the developer and detail unacceptable and required, but absent, elements. These comments shall be provided to the developer in writing within 20 days of the site plan having been submitted to the Zoning Official.

A final site plan shall be submitted to the Zoning Official following the procedure specified in this section. The site plan shall contain all of the information required by section 17-2090(E) Application requirements for development permits. The Zoning Official shall review the plan for compliance with the provisions of this ordinance.

In the event that the Zoning Official determines the final site plan is unacceptable, written notice of this decision, including all reasons for it and instructions for making the items acceptable, shall be provided to the developer within 30 days of the final site plan having been accepted by the Zoning Official. While this ordinance specifies no precise time limits within which the Director shall review and report on the elements of a final site plan, the Zoning Official shall conduct such a review and report as expeditiously as possible on it. In no event shall the review of any item of a plan exceed the time period imposed by this section for review of the entire plan.

Certificate of Occupancy.

No structure shall be erected, constructed, reconstructed, extended, or moved, and no land or building shall be occupied or used in whole or in part for any use whatsoever after the effective date of this ordinance until the owner, tenants, contract purchaser, or authorized agent has been issued a certificate of occupancy by the building official, indicating that the building or use complies with all zoning requirements of this ordinance.

No certificate of occupancy shall be issued until the premises in question have been inspected and found by the building official to comply with the requirements of this ordinance. No fee shall be charged for a certificate of occupancy.

The issuance of a certificate of occupancy in no way relieves the developer from compliance with all of the terms of this ordinance and all other applicable regulations.

Change of Use.

Change or alteration of the use of any building, structure, or land shall not be permitted until a development permit and a certificate of occupancy are obtained pursuant to this article.

Planning and Zoning Commission: Duties and Powers.

The Planning and Zoning Commission shall have the following duties and powers:

Review and conduct oversight hearings on the performance of this ordinance and recommend any amendments to the Parish Council;

Review the administrative duties and performance of the individuals responsible for administering this ordinance, and advise the Parish Council on steps to improve the administration of this ordinance; and

Review the Land Use Plan of Ascension Parish at least every three years and recommend revisions of the Land Use Plan to the Parish Council.

Zoning Official: Duties and Powers.

The Zoning Official shall be appointed by the Ascension Parish President and shall have the following powers and responsibilities:

Process and issue all planning certificates required which identify buildable lots, flood zones and zoning districts.

Process all required development permit use applications for all permitted uses.

Receive applications for Development Code amendments and forward same to the Zoning Commission for action.

Following refusal of a permit, receive applications for interpretation and appeals and forward these to the Zoning Board of Adjustments for action.

Interpret provisions of this ordinance.

Record and file all applications for development permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.

Revoke any development permit issued under a mistake of fact or contrary to the law or provision of this ordinance.

If, by amendment to this ordinance, any zone boundary or any other matter shown on the official zoning map is changed by action of the Ascension Parish Council, these changes shall be promptly indicated on the zoning map by the Zoning Official, together with the date of passage of the amendment and sufficient written description to give a precise understanding of the change. Every amendment to this ordinance shall be recorded in the Ascension Parish Clerk of Court's office. An up-to-date copy of the official zoning map, as amended from time to time, shall be available for public inspection in the Planning Office during its regular business hours.

Building Official: Duties and Powers.

The Building Official, as appointed under section 6-17 of the Code of Ordinances of Ascension Parish, shall have the following powers and responsibilities, in addition to the duties and responsibilities established under chapter 6.

Receive and examine all applications for building permits.

Process all building permit applications for single-family dwelling.

Issue building permits only where there is compliance with the provisions of this ordinance.

Investigate complaints and conduct inspections and surveys to determine compliance or noncompliance with the terms of this ordinance.

Revoke, in writing, a building permit or approval issued contrary to this ordinance or based on a false statement or misrepresentation in the application.

Stop, by written order, work being done contrary to the building permit or to this ordinance. Such written order, posted on the premises involved, shall not be removed except by order of the planning official. Removal without such order shall constitute a violation of this ordinance.

Institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; restrain, correct, or abate such violation, so as to prevent the occupancy or use of any building, structure, or land; or prevent any illegal act, conduct, business, or use in or about such premises.

Duties of the Planning Director.

In addition to other assigned duties, the Planning Director shall:

Oversee the work of the Zoning Official;

Review all proposed zoning amendments and prepare a report on them for the Zoning Commission and the Ascension Parish Council. The Planning Director may also fulfill the duties of the Zoning Official.

Zoning Board of Adjustment: Duties and Powers.

The Zoning Board of Adjustment of the Parish of Ascension, Louisiana, is hereby established, and the following rules are set forth to govern its composition and operation.

Membership. The Zoning Board of Adjustment ("the board") shall consist of seven members appointed by the Ascension Parish Council. A chairman shall be elected by the members.

Board powers and duties. The board shall have the following powers and duties:

To hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by the Zoning Official or Planning Director in the enforcement of this ordinance.

To authorize variances as set forth in section 17-2090(Q).

Review of administrative orders. The board may reverse, affirm, or modify the decisions made by the Zoning Official or Planning Director in the enforcement of this ordinance. The board shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of all the members of the board shall be necessary to take action under this section.

Appeals to the board. Appeals to the board may be taken by any person aggrieved or by any officer, board, or agency of the parish affected by any action of the Zoning Official or Planning Director under this ordinance. An appeal shall be made within 30 days of the action taken by the Zoning Official or Planning Director. An appeal starts by filing a notice with the Zoning Official and with the board. This notice shall specify clearly the grounds of the appeal. The Zoning Official shall transmit to the board all the documents, plans, papers, or other materials relating to the appeal.

Stay of work and proceedings on appeal. An appeal to the board stays all work on the premises unless the Zoning Official certifies to the board that a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order, which may be granted by the board.

Board; hearing of appeals. The Board shall fix a reasonable time for the hearing of the appeal. Prior to the hearing, the board shall give public notice as specified in section 17-2090(T) Public notice requirements, and notify the parties in interest. At the hearing, any party may appear in person, by agent, or by attorney. Appellants will be required to submit such fees as required in section 17-2090(U).

Judicial review of decisions of the board. Any person or persons, jointly or severally, aggrieved by any decision of the board, or any officer, department, board, commission, the governing body, may apply to the circuit court in the judicial circuit where the board is located for judicial relief within 30 days after rendition of the decision by the board. Review in the circuit court shall be either by a trial de novo, which shall be governed by the Louisiana Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Louisiana Appellate Rules. The election of remedies shall lie with the appellant.

Interpretations.

Purpose. The provisions of this section are intended to provide a simple and expeditious method for clarifying ambiguities in the text of this ordinance, the zoning map which it incorporates, and the rules and regulations adopted pursuant to it. It is also intended to provide a simple, yet circumscribed, procedure for overcoming the inadvertent rigidities and limitations inherent in the promulgation of finite use lists in a world characterized by infinite permutations of essential similar uses.

Authority. The Zoning Official may, subject to the procedures, standards, and limitations set forth in this section, render interpretations of any provision of this ordinance or any rule or regulation issued pursuant to it, including interpretations of the various uses in any district not expressly mentioned in this ordinance.

Procedure.

Written Request for Interpretation. Except as provided below, a request for interpretation of any provision of this ordinance, the zoning map, or any rule or regulation adopted pursuant to this ordinance shall be submitted in writing to the Zoning Official. No fee shall be required in connection with a request. Each request shall set forth the specific provisions to be interpreted, the facts of the specific situation giving rise to the request for an interpretation, and the precise interpretation claimed by the applicant to be correct. Before rendering any interpretation, the Zoning Official shall review any additional facts and information which may be necessary to a meaningful interpretation of the provision in question.

Application for Use Interpretation. Applications for a use interpretation shall be submitted to the Zoning Official on a form supplied by the Planning Office. The application shall contain at least the following information and documentation:

The applicant's name, address, and interest in the subject property.

ii.

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

iii.

The names and addresses of all professional consultants advising the applicant with respect to the interpretation.

iv.

The street address and legal description of the subject property.

The zoning classification and present use of the subject property.

vi.

A complete description of the proposed use.

vii.

The uses permitted by the present zoning classification which are most similar to the proposed use.

viii.

Documents, statements, and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.

ix.

Such other and further information or documentation as the Zoning Official may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

Action by Zoning Official. Within 30 days following the receipt by the official of a completed request or application for interpretation, the Zoning Official shall mail a written copy of interpretation to the applicant. The Zoning Official shall state the specific precedent, reasons, and analysis on which such interpretation is based. The failure of the zoning official to render an interpretation within such time, or such longer period of time as may be agreed to by the applicant, shall be deemed to be a rejection of the applicant's proposed interpretation. The Zoning Official shall keep a copy of each such interpretation on file and shall make a copy of each such filed interpretation available for public inspection during reasonable hours.

Appeal. Appeals on interpretations rendered by the Zoning Official pursuant to this section may be taken to the board as provided in section 17-2090(O).

Criteria. The following conditions shall govern the Zoning Official, and the board on appeals from the Zoning Official, in issuing use interpretations:

No use interpretation shall allow the establishment of any use which was previously considered and rejected by the board on an application for amendment.

No use interpretation shall permit a use listed as a permitted or conditional use in any district in which such use is not so listed.

No use interpretation shall permit any use in any district unless evidence shall be presented which demonstrates that it will comply with each use limitation established for the particular district.

No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district and is more similar to such other uses than to uses permitted or conditionally permitted in a less restrictive district.

Any use permitted pursuant to this section shall fully comply with all requirements and standards imposed by this ordinance.

Effect of Favorable Use Interpretation. A favorable use interpretation shall authorize the preparation, filing, and processing of applications for any permits and approvals which may be required by the codes and ordinances of the Parish of Ascension or other governmental agencies having jurisdiction. These permits include development permits, building permits, and certificates of occupancy. No use interpretation finding a particular use to be permitted in a specific district shall authorize this use or the development, construction, reconstruction, alteration, or moving of any building or structure.

Limitations on Favorable Use Interpretations. No use interpretation finding a particular use to be permitted in a district shall be valid for a period longer than one year from the date of issue.

A development permit incorporating a particular use interpretation shall not authorize any similar use for which a separate use interpretation has not been issued.

A development permit incorporating a particular use interpretation shall automatically expire if the particular use for which it was issued shall, for any reason, be discontinued for six consecutive months.

Annual Report. The Zoning Official shall keep a record of each use interpretation and shall make an annual report of all interpretations to the Zoning Commission. The report shall include any recommendations that this ordinance be amended to simplify its administration.

Variances.

Purpose. The purpose of this section is to empower the Zoning Board of Adjustment ("the board") to vary or adapt the strict application of any of the requirements of this ordinance. A variance may be appropriate where, by reason of extreme situations or conditions on a piece of property, the strict application of any regulation enacted under this ordinance would result in unique, exceptional, and substantial hardship on the owner of property.

Commentary. In general, the power to authorize a variance from the terms of this ordinance shall be sparingly exercised. The standards imposed by the ordinance have been carefully planned to allow the maximum possible freedom to develop without adverse impacts on nearby land. It is the intent of the Parish Council that the variance be used only to overcome some exceptional physical condition of a parcel of land. This condition must create practical difficulty to the development of the parcel and prevents the owner from developing the property as intended by this ordinance. Any variance granted shall be the minimum adjustment necessary for the reasonable use of the land.

The use of development standards contained in this ordinance has, unlike traditional zoning ordinances, authorized more mixing of land uses and considerably more flexibility in the planning of use location. As a consequence, the variance opportunity supplied in this ordinance should be used in a much more limited manner than the one provided in most other conventional ordinances.

Traditionally, variance provisions are contained in a zoning ordinance to allow relief from the "strict" application of a regulation (such as a minimum yard width or building setback) which will result in an unnecessary hardship. The need for variances under traditional ordinances arise from the existence of some unique circumstances or physical condition of a particular parcel, usually related to its topography or shape. They are not generally applicable to land or buildings in the neighborhood. Under a conventional ordinance an applicant must show that the strict application of the ordinance would deprive the applicant of the reasonable use of the land.

Application. After denial of a permit by the Zoning Official or without denial, a property owner of land located in any district may apply to the board for a variance using forms to be obtained from the Planning Office.

Standards for variances. No variance in the strict application of the provisions of this ordinance shall be granted by the board unless it finds that the following requirements and standards are satisfied:

The granting of the variance shall be in harmony with the general purpose and intent of the regulations imposed by this ordinance for the district in which it is located and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.

The granting of the variance will not permit the establishment of any use which is not permitted in the district.

There must be a showing of unique circumstances.

Commentary. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and which circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or building.

There must be a showing of unnecessary hardship.

Commentary. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this ordinance; it must be suffered directly by the property in question, and evidence of variance granted under similar circumstances shall not be considered.

There must be a showing that a variance is necessary for the reasonable use of the land or building and that the variance as granted by the board is the minimum variance that will accomplish this purpose.

There must be a showing that the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood.

10.

There must be a showing that the granting of 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. The board may prescribe any safeguard that it deems necessary to secure substantially the objectives of the regulations or provisions to which the variance applies.

11.

Public hearing. Upon application, the board, after giving notice as required by section 17-2090(T), Public notice requirements, shall hold a public hearing. The board shall consider and decide all proposed variations taking into account the standards set forth above.

12.

After the close of a public hearing and within 30 days, the board shall render a written decision, setting forth the reasons for such decision, which shall be accompanied by finding of facts specifying the reasons for the board's decision. The board's decisions are final and binding on all parties pending judicial review, if necessary.

Amendments.

Regulations, restrictions, boundaries and other provisions of this ordinance may, from time to time, be amended, supplemented, changed or repealed in the manner herein stated, except:

Amendments within the West Bank industrial overlay as outlined in 17-2039.J shall be in accordance with 17-2039.J "Amendments With and Within the Overlay District."

Amendments to the ordinance or to the zoning map may be initiated by:

The Ascension Parish Council.

The Ascension Parish Zoning Commission.

The verified petition of the owner or owners of the property affected by such amendment to the zoning map; provided no petition shall be filed by such owner or owners affecting property which has been involved in a petition before the Zoning Commission within the preceding 12-month period.

All proposed amendments to this ordinance or to the zoning map shall be submitted to the Ascension Parish Zoning Commission on forms provided by the Planning Director. The Planning Director shall place the proposed amendment on the agenda of the Ascension Parish Zoning Commission and shall take all steps necessary for the commission to hold a public hearing on the proposed amendment.

No recommendation for change or amendment shall be considered by the Zoning Commission until due notice has been given of a public hearing, as set forth in section 17-2090(T), public notice requirements.

After the public hearing the Zoning Commission shall transmit a written report of its findings and its recommendations to the Ascension Parish Council within 45 days of the public hearing.

The Ascension Parish Council shall act upon the recommendation at the first regular meeting following the receipt of the report from the Zoning Commission.

Should the commission fail to make its report and recommendation within the time limits prescribed, the Ascension Parish Council may take action upon the proposed change or amendment, based upon the facts available to it.

No proposal for zoning change or amendment affecting particular property or properties shall contain conditions, limitations or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned.

Form of Application.

The verified petition of the owner for a change or amendment to the zoning map shall include the legal description of the property involved prepared by a Louisiana registered land surveyor and accompanied by a map of the property at a scale of one inch equals 200 feet, or such other scale as may be required by the Planning Director.

Public Notice Requirements.

In case of a proposed appeal under section 17-2090(O) Zoning Board of Adjustment (relating to appeals of decisions of the Zoning Official or Planning Director), a proposed variance under section 17-2090(Q) (relating to variances), or a proposed amendment under section 17-2090(R) (relating to amendments), the public shall be notified of the required hearing as follows.

Newspaper Publication. At least ten days in advance of the hearing, the Zoning Official shall provide notice of the time and place of the hearing which shall be published at least three times in the official journal of the parish, and at least ten days shall lapse between the first publication and the date of hearing.

Posting. In the case of a public hearing for a variance or a public hearing on an amendment which affects one or more lots, the Zoning Official shall post in a conspicuous place a sign. This sign shall notify the public of the time and place of the public hearing. The sign shall be posted at least ten days in advance of the hearing.

Notification of Abutting Property Owners. In the case of a public hearing for a variance or a public hearing on an amendment which affects one or more lots, the Zoning Official shall notify in writing by certified mail the abutting property owners. The notice shall include the date and time for the hearing and a concise summary of the issues which will be explored at the public hearing.

If the governing authority thereafter proceeds to have an ordinance presented to amend the zoning of the property which includes the proposal of a PUD, SPUD, or TND. A public hearing shall be held by said governing authority at which time parties of interest shall have an opportunity to be heard. Notice of the time and place of that hearing shall be published once a week in three different weeks in the official journal of the parish, and at least 15 days shall elapse between the first publication and the date of the hearing. In addition to notice by publication, at least ten days prior to the hearing, a good faith attempt to notify the owner or owners of record of the properties to be zoned or rezoned shall be made by sending an official notice by certified mail of the time and place of the hearing and subject matter of the regulations and restrictions. Notwithstanding the foregoing, when more than ten parcels are to be zoned or rezoned by enactment of a zoning ordinance, the advertisement in the official journal required herein shall be considered adequate notice to the property owners.

Fees and Charges.

Fees as specified in the fee schedule as adopted by the Ascension Parish Zoning Commission shall be paid to the Ascension Parish Governing Authority for the following:

Applications for development permits.

Application for change or amendment to the zoning map.

Application for variance.

No permit or certificate shall be issued, and no inspection, public notice or other action relative to zoning, petitions for changes in zoning, or appeals shall be instituted until after such fees, costs and charges have been paid. When in accordance with the provisions of this section a fee is paid and application is filed, there shall be no return of any funds, regardless of the governing body's determination in the matter involved.

Validity.

In the event any court of competent jurisdiction should hold that any article, section, clause or provisions of this ordinance to be invalid, this holding shall not affect the validity of the development code as a whole or any part thereof, other than the part so declared to be invalid.

Violations and Penalties.

Any person or persons, firms or corporations, violating the provisions of this ordinance or any part hereof, shall be fined not less than $50.00 nor more than $500.00 or incarcerated in jail for a period not to exceed 30 days, or both, and each day that such violation continues shall constitute a separate offense.

Codification.

It is the intention of the Parish Council of the Parish of Ascension, Louisiana, that this ordinance amend the Code of Ordinances of the Parish of Ascension, Louisiana, and be codified for inclusion.

Repeal of Conflicting Ordinances.

All ordinances and parts of ordinances in conflict herewith are repealed to the extent necessary to give this ordinance full force and effect.

Effective Date.

Except as provided in section 17-2036(K) 180 (effective date for development standards for airport overlay zone) and section 17-2049(E) (effective date for adult business standards), this Development Code shall take effect on April 2, 2003.

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