- ADMINISTRATION AND ENFORCEMENT
(a)
Compliance. No land shall be used or occupied and no structure shall be erected, altered, used or occupied except in conformity with all regulations herein established and upon performance of all conditions herein set forth.
(b)
Permits and licenses. No building or other permit, license, or other document of approval, the use of which may be subject to the provisions of this chapter, shall be issued by any department, agency, or board of the parish until the office of zoning administration shall have certified that the use to be made of the permit, license, or other document is in full compliance with the provisions of this chapter.
(c)
Certificate of occupancy. Except as hereinafter provided, no structure or land shall be used, occupied, or changed in use until a certificate of occupancy shall have been issued therefor by the office of zoning administration, stating that the proposed use of land or the structure and the proposed use thereof is in full compliance with the provisions of this chapter.
(1)
Structures. Application for a certificate of occupancy for a new structure or for an existing structure to be altered shall be made coincident with application for a building permit; after erection or alteration of such structure shall have been completed in compliance with the provisions of this chapter and within three clear legal days after written request is made to the office of zoning administration, the certificate of occupancy shall be issued.
(2)
Land. Application for a certificate of occupancy for the use of vacant land or for a change in the character of the use of land shall be made before any such land is occupied or used, and a certificate of occupancy shall be issued by the office of zoning administration within three clear legal days if such proposed use or change in the use is in compliance with the provisions of this chapter.
(3)
Farming, truck gardening and livestock raising. The use of land for farming, truck gardening and livestock raising and the erection and alteration of structures, except dwellings, that are accessory to such use of the land are exempted from the requirement for a certificate of occupancy.
(d)
Plans required. Each application for a certificate of occupancy for a new structure or for the alteration of an existing structure shall be accompanied by a drawing or plat, in duplicate, showing the site plan, the location of the building on the site, accurate dimensions of the building and site, location of off-street parking and off-street loading spaces required, and such other information as may be necessary for the enforcement of this chapter.
(e)
Prior building permits. Nothing herein contained shall require any change in the plans, construction, or designated use of a structure for which a building permit has been heretofore legally issued and the construction of which shall have actually begun within 90 days of the date of this permit and which entire structure shall be completed, according to such plans as are filed, within two years after the effective date of the ordinance from which this chapter is derived, provided, however, that any permit which does not authorize the alteration or erection of a designated structure on the basis of complete plans and specifications shall not be deemed a building permit and shall not come within the foregoing exclusion.
(f)
Offenses and liabilities preserved. All offenses committed and all liabilities incurred prior to the effective date of the ordinance from which this chapter is derived shall be treated as though all prior applicable zoning ordinances and amendments thereto were in full force and effect for the purpose of sustaining any proper suit, action, or prosecution with respect to such offenses and liabilities.
(g)
Violations. Any person, firm, or corporation violating any provision of this chapter shall be fined, upon conviction, not less than $100.00 nor more than $500.00 or imprisoned for not more than ten days, or both, for each offense; each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any penalty hereunder shall not preclude the building inspector, zoning administrator, municipal town council or other appropriate authority of the town or any adjacent or neighboring property owner who would be specifically damaged by such violation, from instituting injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct, or abate such violation, or to prevent the occupancy of such building structure or land.
(Ord. No. 120, § VII(A), 1981; Ord. No. 388, 12-18-2003)
(a)
Establishment. There is hereby established an office of zoning administration, hereinafter called the "office." There is hereby vested in the office the duties of administering and enforcing this chapter and the power necessary for such administration and enforcement. The zoning administrator shall be the officer in charge of the office.
(b)
Administrative duties and responsibilities. In carrying out its administrative duties, the office shall:
(1)
Building permits; certificates of occupancy, special plans. Review all applications for building permits, certificates of occupancy, and approvals of special plans hereunder, approve or disapprove such applications as they relate to zoning and make the necessary certifications and approvals of special plans.
(2)
Applications for amendment. Receive all applications for amendments to this ordinance, including the zoning map; refer such applications to the planning commission for examination and hearing, and submit to the police jury or town council all such applications together with the recommendations of the planning commission.
(3)
Procedures. Administer rules and regulations for proceedings with and within the office, together with the regular forms for such proceedings, and a schedule of fees for processing amendments, approving certificates and registering in its records those matters and things required by this chapter to be registered.
(4)
Zoning map. Maintain the zoning map, showing the current classification of all land.
(5)
Records of actions. Maintain records of all actions taken by the office under this article.
(6)
Board of appeals. Intervene for and on behalf of the town in all public hearings before the board of appeals, present facts and information to assist the board in reaching a decision, resist and oppose any deviations from the standard provisions of this chapter and have decisions of the board reviewed in a court of proper jurisdiction when, in the judgment of the mayor or the president of the police jury, such review is desirable.
(7)
Initiation of amendments. Propose and recommend the enactment of such amendments to this chapter, including the zoning map, as are made desirable or necessary because of changing conditions or because of judicial or administrative proceedings or for the purpose of improving administration and enforcement, all in accordance with the procedure for amendment set forth in this section.
(c)
Enforcement functions.
(1)
Generally. In carrying out its enforcement duties, the office shall:
a.
Investigations and surveys. Conduct investigations and surveys to determine compliance or noncompliance with the provisions of this chapter. Incidental to such surveys and investigations an authorized representative of the office may enter into and upon a land or structure, other than a dwelling, to be inspected or examined.
b.
Orders requiring compliance. Issue written orders requiring compliance with the provisions of this chapter. Such orders shall be served personally or by registered mail upon the person, firm or corporation deemed by the office to be violating the provisions of this chapter; provided, however, that if such person, firm or corporation is not the owner of the land on or the structure in which the violation is deemed to exist or to have occurred, a copy of the order shall be sent by registered mail to the owner of such land or structure. The date of receiving shall be deemed the date of service of any order served by registered mail.
c.
Legal proceedings. Institute, in courts of proper jurisdiction, proceedings for the enforcement of the provisions of this chapter and administrative orders and determinations made hereunder when, in the judgment of the zoning administrator and with the approval of the mayor or the president of the police jury, such measures are desirable.
(2)
Appeals from orders and decisions. Any person aggrieved or any officer or department may appeal to the board of appeals from any order or decision of the office.
a.
Procedure. Such appeal shall be taken by filing with the office and with the board of appeals, within the time provided by the rules of the board, a notice of appeal specifying the particular grounds upon which the appeal is taken. Upon receipt of a notice of appeal, the office shall transmit to the board of appeals all of the original documents and materials, or true copies thereof, constituting the record upon which the order of decision appealed from was based.
b.
Effect of appeal. An appeal from the office to the board of appeals shall stay all proceedings unless the zoning administrator certifies that by reason of the facts stated in the certificate is filed, proceedings shall not be stayed except by a restraining order granted, after due notice to the office, by the board of appeals or a court of proper jurisdiction.
(Ord. No. 120, § VII(B), 1981)
(a)
Establishment. A board of appeals is hereby established in accordance with Act 558 of the Regular Session of the Legislature of Louisiana, 1956.
(b)
Rules of procedure. The board of appeals shall elect its chairperson from among its members and shall adopt rules of procedure in accordance with the provisions of this chapter.
(c)
Conduct of hearings. The board shall fix a reasonable time for the hearing of an appeal, which hearing shall be open to the public. Public notice of the hearing shall be given, and notice shall be given to the appellant or applicant and to the department of zoning. The surrounding property owners will be notified in the same manner as is required by article VII of this chapter for changes in zoning classification.
(d)
Records. The board shall prepare a record of its proceedings for each case or matter heard. The record shall show the grounds for each decision and the vote of each member upon each question, or if absent or failing to vote, shall indicate such fact. The record of proceedings shall be filed in the office of the board and shall be a public record. Any interested person may have testimony of such proceedings transcribed at his own expense.
(e)
Decisions. The concurring vote of three of the five members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this chapter or to allow any variance. Except as otherwise provided by Act 558 of the Regular Session of the Legislature, 1956, the enumerated conditions required to exist on any matter upon which the board is required to pass under this chapter or to allow any variance shall be construed as limitations on the power of the board to act. Except as is provided in Act 558 of the Regular Session of the Legislature, 1956, and also except as may be necessary to carry out the powers of the board granted by said legislative act and by the terms of this article, nothing herein contained shall be construed to empower the board to change the terms of this chapter to effect changes in the zoning map, or to add to the specific uses permitted in any district; and to that end, the powers of the board shall be so construed as to carry out the purposes and intent of this article and the zoning map.
(f)
Powers; limitations on powers. Subject to the limitations enumerated herein, the board shall have and exercise the following powers; in the exercise of its powers the board may reverse or affirm, in whole or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all of the powers of the officer or department from whom the appeal is taken:
(1)
Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the administration or enforcement of this chapter.
(2)
Interpretation. To hear and decide questions of interpretations of the zoning map where request for such interpretation is made.
(3)
Special exceptions. To authorize, in specific cases where this chapter calls for review and determination by the board, such special exceptions as will permit the construction and use of a building or building group or the use of land in accordance with a definite site plan. Special exceptions shall be subject to such terms and conditions as may be fixed by the board.
(4)
Variances. Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of this chapter, or by reason of exceptional topographic conditions or other extraordinary and exceptional characteristics of such piece of property, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property, then in such event the board of appeals is hereby empowered, upon an appeal relating to such property, to authorize a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. Variance shall be subject to such terms and conditions as may be fixed by the board.
(5)
Appeals from decisions. Any person aggrieved by a decision of the board of appeals may, within 15 days from the date of such decision, file a written request with the town council (parish policy jury), for a review of said decision by said board of appeals, and thereupon the said town council (police jury) shall proceed to review said decision. After said review, the town council (police jury) shall either affirm, modify or reverse the decision rendered by said board of appeals.
(Ord. No. 120, § VII(C), 1981; Ord. No. 163, 6-10-1985; Ord. No. 314, 5-11-1998)
- ADMINISTRATION AND ENFORCEMENT
(a)
Compliance. No land shall be used or occupied and no structure shall be erected, altered, used or occupied except in conformity with all regulations herein established and upon performance of all conditions herein set forth.
(b)
Permits and licenses. No building or other permit, license, or other document of approval, the use of which may be subject to the provisions of this chapter, shall be issued by any department, agency, or board of the parish until the office of zoning administration shall have certified that the use to be made of the permit, license, or other document is in full compliance with the provisions of this chapter.
(c)
Certificate of occupancy. Except as hereinafter provided, no structure or land shall be used, occupied, or changed in use until a certificate of occupancy shall have been issued therefor by the office of zoning administration, stating that the proposed use of land or the structure and the proposed use thereof is in full compliance with the provisions of this chapter.
(1)
Structures. Application for a certificate of occupancy for a new structure or for an existing structure to be altered shall be made coincident with application for a building permit; after erection or alteration of such structure shall have been completed in compliance with the provisions of this chapter and within three clear legal days after written request is made to the office of zoning administration, the certificate of occupancy shall be issued.
(2)
Land. Application for a certificate of occupancy for the use of vacant land or for a change in the character of the use of land shall be made before any such land is occupied or used, and a certificate of occupancy shall be issued by the office of zoning administration within three clear legal days if such proposed use or change in the use is in compliance with the provisions of this chapter.
(3)
Farming, truck gardening and livestock raising. The use of land for farming, truck gardening and livestock raising and the erection and alteration of structures, except dwellings, that are accessory to such use of the land are exempted from the requirement for a certificate of occupancy.
(d)
Plans required. Each application for a certificate of occupancy for a new structure or for the alteration of an existing structure shall be accompanied by a drawing or plat, in duplicate, showing the site plan, the location of the building on the site, accurate dimensions of the building and site, location of off-street parking and off-street loading spaces required, and such other information as may be necessary for the enforcement of this chapter.
(e)
Prior building permits. Nothing herein contained shall require any change in the plans, construction, or designated use of a structure for which a building permit has been heretofore legally issued and the construction of which shall have actually begun within 90 days of the date of this permit and which entire structure shall be completed, according to such plans as are filed, within two years after the effective date of the ordinance from which this chapter is derived, provided, however, that any permit which does not authorize the alteration or erection of a designated structure on the basis of complete plans and specifications shall not be deemed a building permit and shall not come within the foregoing exclusion.
(f)
Offenses and liabilities preserved. All offenses committed and all liabilities incurred prior to the effective date of the ordinance from which this chapter is derived shall be treated as though all prior applicable zoning ordinances and amendments thereto were in full force and effect for the purpose of sustaining any proper suit, action, or prosecution with respect to such offenses and liabilities.
(g)
Violations. Any person, firm, or corporation violating any provision of this chapter shall be fined, upon conviction, not less than $100.00 nor more than $500.00 or imprisoned for not more than ten days, or both, for each offense; each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any penalty hereunder shall not preclude the building inspector, zoning administrator, municipal town council or other appropriate authority of the town or any adjacent or neighboring property owner who would be specifically damaged by such violation, from instituting injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct, or abate such violation, or to prevent the occupancy of such building structure or land.
(Ord. No. 120, § VII(A), 1981; Ord. No. 388, 12-18-2003)
(a)
Establishment. There is hereby established an office of zoning administration, hereinafter called the "office." There is hereby vested in the office the duties of administering and enforcing this chapter and the power necessary for such administration and enforcement. The zoning administrator shall be the officer in charge of the office.
(b)
Administrative duties and responsibilities. In carrying out its administrative duties, the office shall:
(1)
Building permits; certificates of occupancy, special plans. Review all applications for building permits, certificates of occupancy, and approvals of special plans hereunder, approve or disapprove such applications as they relate to zoning and make the necessary certifications and approvals of special plans.
(2)
Applications for amendment. Receive all applications for amendments to this ordinance, including the zoning map; refer such applications to the planning commission for examination and hearing, and submit to the police jury or town council all such applications together with the recommendations of the planning commission.
(3)
Procedures. Administer rules and regulations for proceedings with and within the office, together with the regular forms for such proceedings, and a schedule of fees for processing amendments, approving certificates and registering in its records those matters and things required by this chapter to be registered.
(4)
Zoning map. Maintain the zoning map, showing the current classification of all land.
(5)
Records of actions. Maintain records of all actions taken by the office under this article.
(6)
Board of appeals. Intervene for and on behalf of the town in all public hearings before the board of appeals, present facts and information to assist the board in reaching a decision, resist and oppose any deviations from the standard provisions of this chapter and have decisions of the board reviewed in a court of proper jurisdiction when, in the judgment of the mayor or the president of the police jury, such review is desirable.
(7)
Initiation of amendments. Propose and recommend the enactment of such amendments to this chapter, including the zoning map, as are made desirable or necessary because of changing conditions or because of judicial or administrative proceedings or for the purpose of improving administration and enforcement, all in accordance with the procedure for amendment set forth in this section.
(c)
Enforcement functions.
(1)
Generally. In carrying out its enforcement duties, the office shall:
a.
Investigations and surveys. Conduct investigations and surveys to determine compliance or noncompliance with the provisions of this chapter. Incidental to such surveys and investigations an authorized representative of the office may enter into and upon a land or structure, other than a dwelling, to be inspected or examined.
b.
Orders requiring compliance. Issue written orders requiring compliance with the provisions of this chapter. Such orders shall be served personally or by registered mail upon the person, firm or corporation deemed by the office to be violating the provisions of this chapter; provided, however, that if such person, firm or corporation is not the owner of the land on or the structure in which the violation is deemed to exist or to have occurred, a copy of the order shall be sent by registered mail to the owner of such land or structure. The date of receiving shall be deemed the date of service of any order served by registered mail.
c.
Legal proceedings. Institute, in courts of proper jurisdiction, proceedings for the enforcement of the provisions of this chapter and administrative orders and determinations made hereunder when, in the judgment of the zoning administrator and with the approval of the mayor or the president of the police jury, such measures are desirable.
(2)
Appeals from orders and decisions. Any person aggrieved or any officer or department may appeal to the board of appeals from any order or decision of the office.
a.
Procedure. Such appeal shall be taken by filing with the office and with the board of appeals, within the time provided by the rules of the board, a notice of appeal specifying the particular grounds upon which the appeal is taken. Upon receipt of a notice of appeal, the office shall transmit to the board of appeals all of the original documents and materials, or true copies thereof, constituting the record upon which the order of decision appealed from was based.
b.
Effect of appeal. An appeal from the office to the board of appeals shall stay all proceedings unless the zoning administrator certifies that by reason of the facts stated in the certificate is filed, proceedings shall not be stayed except by a restraining order granted, after due notice to the office, by the board of appeals or a court of proper jurisdiction.
(Ord. No. 120, § VII(B), 1981)
(a)
Establishment. A board of appeals is hereby established in accordance with Act 558 of the Regular Session of the Legislature of Louisiana, 1956.
(b)
Rules of procedure. The board of appeals shall elect its chairperson from among its members and shall adopt rules of procedure in accordance with the provisions of this chapter.
(c)
Conduct of hearings. The board shall fix a reasonable time for the hearing of an appeal, which hearing shall be open to the public. Public notice of the hearing shall be given, and notice shall be given to the appellant or applicant and to the department of zoning. The surrounding property owners will be notified in the same manner as is required by article VII of this chapter for changes in zoning classification.
(d)
Records. The board shall prepare a record of its proceedings for each case or matter heard. The record shall show the grounds for each decision and the vote of each member upon each question, or if absent or failing to vote, shall indicate such fact. The record of proceedings shall be filed in the office of the board and shall be a public record. Any interested person may have testimony of such proceedings transcribed at his own expense.
(e)
Decisions. The concurring vote of three of the five members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this chapter or to allow any variance. Except as otherwise provided by Act 558 of the Regular Session of the Legislature, 1956, the enumerated conditions required to exist on any matter upon which the board is required to pass under this chapter or to allow any variance shall be construed as limitations on the power of the board to act. Except as is provided in Act 558 of the Regular Session of the Legislature, 1956, and also except as may be necessary to carry out the powers of the board granted by said legislative act and by the terms of this article, nothing herein contained shall be construed to empower the board to change the terms of this chapter to effect changes in the zoning map, or to add to the specific uses permitted in any district; and to that end, the powers of the board shall be so construed as to carry out the purposes and intent of this article and the zoning map.
(f)
Powers; limitations on powers. Subject to the limitations enumerated herein, the board shall have and exercise the following powers; in the exercise of its powers the board may reverse or affirm, in whole or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all of the powers of the officer or department from whom the appeal is taken:
(1)
Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the administration or enforcement of this chapter.
(2)
Interpretation. To hear and decide questions of interpretations of the zoning map where request for such interpretation is made.
(3)
Special exceptions. To authorize, in specific cases where this chapter calls for review and determination by the board, such special exceptions as will permit the construction and use of a building or building group or the use of land in accordance with a definite site plan. Special exceptions shall be subject to such terms and conditions as may be fixed by the board.
(4)
Variances. Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of this chapter, or by reason of exceptional topographic conditions or other extraordinary and exceptional characteristics of such piece of property, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property, then in such event the board of appeals is hereby empowered, upon an appeal relating to such property, to authorize a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. Variance shall be subject to such terms and conditions as may be fixed by the board.
(5)
Appeals from decisions. Any person aggrieved by a decision of the board of appeals may, within 15 days from the date of such decision, file a written request with the town council (parish policy jury), for a review of said decision by said board of appeals, and thereupon the said town council (police jury) shall proceed to review said decision. After said review, the town council (police jury) shall either affirm, modify or reverse the decision rendered by said board of appeals.
(Ord. No. 120, § VII(C), 1981; Ord. No. 163, 6-10-1985; Ord. No. 314, 5-11-1998)