(a)

Reason for amendment. This chapter, including the zoning map, is based on comprehensive planning studies and is intended to carry out the objective of a sound, stable, and desirable development. It is recognized that casual change or amendment to the ordinance from which this chapter is derived would be detrimental to the achievement of that objective, and it is therefore declared to be the public policy to amend this ordinance only when one or more of the following conditions prevail:

(1)

Error. There is a manifest error in the ordinance from which this chapter is derived.

(2)

Change in conditions. Changed or changing conditions in a particular area, or in the metropolitan area generally, make a change in the ordinance necessary and desirable.

(3)

Increase in need for sites for business or industry. Increased or increasing needs for business or industrial sites, in addition to sites that are available, make it necessary and desirable to rezone an area or to extend the boundaries of an existing district.

(4)

Subdivision of land. The subdivision or imminent subdivision of open land into urban building sites makes reclassification necessary and desirable.

(b)

Persons authorized to initiate. Amendments to this chapter may be initiated by the town council or police jury on its own motion or by the planning commission; amendments may also be initiated by any person, firm or corporation by filing a written application therefor with the office of zoning administration.

(c)

Amendment application. An application for amendment to this chapter shall contain at least the following:

(1)

Owners of surrounding property. If the proposed amendment would require a change in the zoning map, a list must be furnished by the applicant of the names and addresses of the property owners within 300 feet of the proposed district. It must be sworn to and subscribed before a notary public that the list provided to the commission contains the names and addresses of all owners of any part or piece of property within 300 feet of any point or part of the land for which a change in zoning classification is requested. If there is more than one owner, then the name and address of the major property owner owning more than 50 percent of the property shall be supplied. If one person does not own more than 50 percent of the property, then the name and address of the person who received the tax notice for the previous year as per the parish tax assessor shall be supplied.

(2)

Plat. If the proposed amendment would require a change in the zoning map, a plat showing the land area which would be affected, the present zoning classification of the area, the land area of all abutting districts and the present zoning classification thereof, public right-of-way and easements bounding and intersecting the designated area and the abutting districts, the locations of all existing and proposed structures with supporting open facilities, and the specific ground area to be provided and continuously maintained for the proposed structure or structures.

(3)

Development schedule. The time schedule for the beginning and completion of development planned by the applicant in the area; if the development is planned in stages, the time schedule shall indicate the successive stages and the development planned for each stage.

(4)

Market information. If the proposed amendment would require a change in the zoning map by rezoning an area from an existing residential district to a freestanding business district, would require more than double the area of an existing business district entirely surrounded by residential districts, or would enlarge the area of an existing business district by more than eight acres, the applicant shall furnish a written description of the market area to be served by the development, the population thereof, the effective demand for the proposed facilities and any other information describing the relationship of the proposed development to the needs of the applicable area.

(5)

Public need. The changed or changing conditions in the applicable area, or in the metropolitan area generally, that make the proposed amendment necessary and desirable for the promotion of the public health, safety, or general welfare.

(6)

Effect of amendment. A report giving the nature, description and effect of the proposed amendment; if the proposed amendment would require a change in the zoning map, a description of the probable effect on the surround land uses and properties.

(7)

Error. The error in this chapter that would be corrected by the proposed amendment.

(8)

Legal description. A written legal description of land area involved in amendment to the zoning map.

(9)

Owners of surrounding property. If the proposed amendment would require a change in the zoning map, furnish the commission with the name, description of property owned, and the mailing address of each owner of property lying within a distance of 300 feet radius of any property line, the classification of which is sought to be changed, such distance to be measured along the property lines of the streets on which such property is located and along any other streets crossing the same and leading therefrom; in the case of a corner lot, the rear corner on the side street shall be considered a fronting corner.

(10)

Fee. Deposit a fee with the planning commission in an amount as established by the town council from time to time to cover the cost of advertising and processing the amendment.

(d)

Administrative examination of amendment application. Upon receipt of an application for amendment, properly and completely made out, the office of zoning administration shall examine the application and shall make such investigation as is necessary. Within 30 days of the receipt of the complete application, the office of zoning administration shall transmit the application, together with its report and recommendation, to the planning commission.

(e)

Preliminary hearing by planning commission. The planning commission shall hold a preliminary hearing on each application for amendment to this chapter and shall notify the applicant and the office of zoning administration of the time and place of such preliminary hearing. After holding a preliminary hearing, the commission shall certify the application for public hearing and shall notify the applicant of the time and place of such public hearing. Within ten days after such notification, the applicant shall furnish the commission with such additional information as it may request.

(f)

Public hearing by planning commission. The planning commission shall fix a reasonable time for a public hearing and shall give public notice thereof, as required by law, as well as notice to the applicant and to the office of zoning administration. The commission shall send to the persons on the sworn list to be supplied by the applicant a notice of the time and place of the public hearing. Also, in the case of applications within the town, the commission shall send a notice of the public hearing to all five councilmen and the mayor per their addresses as furnished by the town clerk and may post a notice of such hearing on the property included within the proposed district. The commission shall prepare a record of its proceedings for each case showing the grounds of its recommendation. The record of proceedings shall be filed in the office of the commission and shall be a public record. A certified copy of the record of proceedings shall be transmitted to the town council.

(g)

Legislative disposition. The town council or police jury shall examine all such applications and reports submitted to it and shall take such further action as it deems necessary and desirable. Before enacting any amendment, the council or police jury shall hold a public hearing thereon and shall give public notice thereof, as required by law.

(1)

Conditions. If an application for an amendment to the zoning map contains representations that a specified area will be developed in accordance with a given plan and time schedule, and if the area is rezoned substantially as proposed in the application, the police jury shall fix conditions, which conditions may include a performance bond, in the amendment so as to require performance of the development in accordance with such plan and time schedule. Such conditions, among other things, shall provide that, upon a failure to develop the area within the specified time and in accordance with the conditions fixed, no permit for the construction of any structures within the area shall be issued until the area has been examined and zoned or rezoned for its most appropriate use. Conditions fixed in amendments relating to rezoning shall run with the land in the area involved and shall be binding upon applicants for amendments, their heirs, successors, and assigns.

(2)

Reconsideration.

a.

No land for which an application for reclassification has been denied by the town council or the police jury shall be considered again by the planning commission or the police jury for at least six months from the date such application was denied.

b.

In all cases where property is rezoned and is not used for the purpose for which it was rezoned within a period of one year from the date of rezoning, the planning commission shall, upon its own notice, call a public hearing for the purpose of considering changing the zoning classification to that which existed at the time of the original application.

(Ord. No. 120, § VIII(A), 1981; Ord. No. 314, 5-11-1998)