This Article establishes the responsibilities of decision-making and administrative bodies created by this Code. This Article does not attempt to recite all responsibilities granted under the State enabling act, only those required of this Code.

The codes listed below are used in Table 2.2 to indicate the responsibilities and duties of administrative boards and agencies. A group may have more than one responsibility, typically holding a hearing in addition to any action. Further, regardless of the appeal notation, all decisions are appealable to the courts in accordance with the Louisiana Statutes.

Table 2.2
Procedural Responsibilities

RR = Review/Recommendation; the body makes recommendations to the decision makers.

PH = Public Hearing; the body must hold a public hearing.

FA = Final Approval; the body makes the decision.

AP = Appeal; the body hears an appeal to the decision.

In addition to any responsibility indicated in Table 2.2 above, the Bossier City Council and Bossier Parish Police Jury shall have the following powers and duties under this Code:

2.3.1

To appoint members of the Metropolitan Planning Commission (Police Jury) or approve members of the Metropolitan Planning Commission appointed by the Mayor (City Council).

2.3.2

To appoint members of the Zoning Board of Adjustment (Police Jury) or approve members of the Zoning Board of Adjustment appointed by the Mayor (City Council).

2.3.3

To approve or disapprove proposed Text Amendments to this Code.

2.3.4

To approve or disapprove proposed map (rezoning) amendments to this Code.

2.3.5

To ratify approvals of Conditional Use Permits by the Metropolitan Planning Commission as required by this code.

2.3.6

To take such other action not delegated to the Metropolitan Planning Commission, Zoning Board of Adjustment, or heads of City or Parish departments, as the City Council or Police Jury may deem desirable and necessary to implement the provisions of the Comprehensive Plan and this Code.

2.4.1

Bossier City-Parish Metropolitan Planning Commission.

A.

Powers and Duties. The Bossier City-Parish Metropolitan Planning Commission (MPC) shall have the following powers and duties:

1.

To hear, review and make recommendations to the City Council or Police Jury in regard to Text Amendments to this Code, as set forth in Table 2.2;

2.

To hear, review and make recommendations to the City Council or Police Jury in regard to amendments to the Official Zoning Map, as set forth in Table 2.2;

3.

To hear and approve or disapprove Conditional Use Permit requests;

4.

To review, make recommendations on and approve or deny subdivision plats; and

5.

To make studies of the City's and Parish's resources, possibilities, and needs and to report its findings and recommendations, with reference thereto, from time to time, to the City Council and/or Police Jury.

B.

Membership. The Metropolitan Planning Commission shall consist of 7 members.

1.

The City and Parish shall appoint 3 members each.

2.

A seventh member shall be selected as a joint appointment by both governing bodies.

C.

Terms of Office. Members shall serve 6-year staggered terms.

D.

Officers.

1.

Chairman and Vice-Chairman. At an annual regular meeting, the members of the Metropolitan Planning Commission shall elect a Chairman and Vice-Chairman from among its members. The Chairman's and Vice-Chairman's terms shall be for 1 year with eligibility for reelection. The Chairman shall preside over all procedures before the MPC, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the MPC. In the absence of the Chairman, the Vice-Chairman shall act as Chairman. In the absence of both the Chairman and Vice-Chairman, the remaining members in attendance shall select an acting chairman for the meeting.

2.

Secretary. The MPC Executive Director shall serve as Secretary of the Metropolitan Planning Commission or provide a staff person to act as such. The Secretary shall keep minutes of all proceedings. The minutes shall be a summary of all proceedings before the MPC, which shall include the vote of all members upon every question, and be attested to by the Secretary. The minutes shall be approved by a majority of the MPC members voting. In addition, the Secretary shall maintain all records of the MPC meetings, hearings, proceedings and correspondence.

3.

Staff. The MPC Executive Director shall be the Planning Commission's professional staff person but may delegate responsibilities to staff members, as needed.

4.

Quorum and Voting. Four or more Metropolitan Planning Commission members shall constitute a quorum of the MPC necessary to take action and transact business. All actions shall require a simple majority of the quorum present except for the adoption of a Master Plan which shall be by resolution carried by the affirmative votes of not less than four members of the commission.

5.

Removal from Office. In the event that any member is no longer a resident of Bossier City or Parish, or is convicted of a felony or an offense involving moral turpitude while in office, or have 3 unexcused absences in 1 year, the governing body that originally appointed such person may terminate the appointment of such person as a member of the Metropolitan Planning Commission and appoint a new member after a public hearing. For other reasons, the governing body may remove any member, which it had earlier appointed, for any cause stated in writing and after public meeting.

6.

Vacancy. Whenever a vacancy occurs on the Metropolitan Planning Commission, the appropriate governing body shall appoint a new member within 180 days of the vacancy subject to the provisions of this Section.

7.

Compensation. The Metropolitan Planning Commission members shall serve as volunteers with no compensation but may be reimbursed for any travel, mileage and/or per diem expenses as may be authorized by the Metropolitan Planning Commission's approved budget.

E.

Meetings. The Metropolitan Planning Commission meetings shall be held each month (as advertised at the beginning of the year) to dispense of matters properly before the MPC. Additionally, meetings may be called by the Chairman or at the request of any 3 MPC members. The location of all MPC meetings shall be in a place accessible to the public. The following shall apply to the conduct of all meetings:

1.

Rules of Procedure. The Metropolitan Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The Planning Commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary.

2.

Meetings Open to Public. All meetings and public hearings of the Metropolitan Planning Commission shall be open to the public.

3.

Recommendations or Decisions. All recommendations shall be by roll-call votes of all members present. A tie vote or failure to take action shall constitute a denial recommendation. All recommendations shall be accompanied by a written summary of the action and recommendations.

2.4.2

Bossier City-Parish Zoning Board of Adjustment.

A.

Powers and Duties. The Zoning Board of Adjustment shall have the powers and duties as follows:

1.

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, interpretation or determination made by the Executive Director or other official in the enforcement of this Code;

2.

To review and make recommendations to the City Council or Police Jury in regard to Text Amendments to this code, as set forth in Table 2.2;

3.

To hear, and approve or disapprove Variance requests.

4.

To hear, and approve or disapprove Special Exception requests.

B.

Membership. The Zoning Board of Adjustment shall consist of 5 regular members and 1 alternate member.

1.

Bossier City shall appoint 3 regular members.

2.

Bossier Parish shall appoint 2 regular members.

3.

Bossier City and Bossier Parish shall jointly select 1 alternate member.

C.

Terms of Office. Members shall serve 5-year staggered terms.

D.

Officers, Quorum, Rules of Procedure.

1.

Chairman and Vice-Chairman. At an annual regular meeting, the members of the Zoning Board of Adjustment shall elect a Chairman and Vice-Chairman from among its members. The Chairman's and Vice-Chairman's terms shall be for 1 year with eligibility for reelection. The Chairman shall be in charge of all procedures before the Zoning Board of Adjustment, and shall take such action as necessary to preserve order and the integrity of all proceedings before the Zoning Board of Adjustment. In the absence of the Chairman, the Vice-Chairman shall act as Chairman. In the absence of the Chairman and Vice Chairman, the remaining members in attendance shall select and acting chairman for the meeting.

2.

Secretary. The MPC Executive Director shall provide a staff person to serve as Secretary of the Zoning Board of Adjustment. The Secretary shall keep minutes of all proceedings. The minutes shall be a summary of all proceedings before the Zoning Board of Adjustment, which shall include the vote of all members upon every question, and be attested to by the Secretary. The minutes shall be approved by a majority of the Zoning Board of Adjustment members voting. In addition, the Secretary shall maintain all records of the Zoning Board of Adjustment meetings, hearings, proceedings and the correspondence.

3.

Staff. The Executive Director shall be the professional staff for the Zoning Board of Adjustment but may delegate responsibilities to staff members, as needed.

4.

Removal from Office. In the event that any member is no longer a resident of the Bossier MPC jurisdiction, or is convicted of a felony or an offense involving moral turpitude while in office, or have 3 unexcused absences in 1 year, the appropriate governing body may terminate the appointment of such person as a member of the Zoning Board of Adjustment and appoint a new member after a public hearing. For other reasons, the governing body may remove any member for cause stated in writing and after public meeting.

5.

Vacancy. Vacancies upon the Zoning Board of Adjustment shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such members.

6.

Compensation. The Zoning Board of Adjustment shall serve as volunteers with no compensation but may be reimbursed for any travel, mileage and/or per diem expenses as may be authorized by the Metropolitan Planning Commission's approved budget.

E.

Meetings. Meetings of the Zoning Board of Adjustment shall be held at a regularly scheduled time each month, unless no cases have been submitted, or otherwise when it has been determined, by the Chairman or the MPC Executive Director, that a hearing or business meeting is needed. Additionally, meetings may be called at the request of 3 members of the Zoning Board of Adjustment.

1.

Location. The location of all Zoning Board of Adjustment meetings shall be in a place that is accessible to the public.

2.

Quorum and Voting. Three or more members of the Zoning Board of Adjustment shall constitute a quorum necessary to take action and transact business. An affirmative vote by a majority of the entire regular membership shall be necessary to approve any variance, special exception or appeal or for any interpretation of the Executive Director to be overturned or modified in any way. For all other actions, a simple majority is required.

3.

Role of the Alternate Member.

a.

The alternate member may participate fully in all functions of the Zoning Board of Adjustment except initiating, seconding or voting on motions.

b.

When any regular member is not present at the time of roll call, the alternate member may serve as a full voting member in his/her place. If the regular member who was absent at the time of roll call and replaced by the alternate subsequently arrives at the meeting, that late-arriving regular member shall function as the alternate for the remainder of the meeting.

4.

Rules of Procedure. The Zoning Board of Adjustment shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business and keep a record of meetings, resolutions, findings and determinations.

5.

Record of Action. The Zoning Board of Adjustment shall maintain records of attendance, all motions made, roll-call votes made by each person, and the grounds for each decision made. The Zoning Board of Adjustment may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary.

6.

Meetings Open to Public. All meetings and public hearings of the Zoning Board of Adjustment, in their entirety, shall be open to the public.

2.5.1

The Executive Director shall serve as Staff to the Bossier City Council, Bossier Parish Police Jury, Bossier City-Parish Metropolitan Planning Commission and Zoning Board of Adjustment.

2.5.2

The Executive Director shall be hired by the Bossier Metropolitan Planning Commission board.

2.5.3

In addition to the jurisdiction, authority and duties which may be conferred upon the Executive Director by other provisions of the Bossier City-Parish codes and the Louisiana Statutes, the Executive Director shall have the following jurisdiction, authority, and duties under this Code and may delegate duties to staff as needed:

A.

To administer and enforce the provisions of this Code;

B.

To provide written interpretations of this Code;

C.

To review and approve or disapprove Provisional Use requests;

D.

To review and approve or disapprove Sign Permits, Zoning Permits, and Certificate of Occupancy applications;

E.

To review and make recommendations to the Zoning Board of Adjustment in regard to Special Exception and Variance requests;

F.

To review and make recommendations to the Metropolitan Planning Commission in regard to Conditional Use and Planned Unit Development requests;

G.

To review amendments to the text of this Code and to the Official Zoning Map;

H.

To perform other duties set forth in the provisions of this Code; and

I.

To review and make recommendations on Preliminary and Final Subdivision Plats.