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Breaux Bridge City Zoning Code

ARTICLE XIV

AMENDMENTS AND PETITIONS

Sec. 23-13.1.- Initiation of amendments.

The mayor and board of aldermen may from time to time, amend, supplement or change the regulations, restrictions, or boundaries herein or subsequently established. Such amendment, supplement, or change may be initiated as follows:

(1)

By action of the mayor and board of aldermen itself, by introduction of an ordinance or by adoption of a motion.

(2)

By recommendation of the planning commission.

(3)

By a petitions of property owners.

(Ord. No. 2232, 8-8-2017)

Sec. 23-13.2. - Petitions.

Petitions by property owners for the amendment, supplementation or change of the zoning ordinance shall be filed with the mayor and board of aldermen through the planning commission. In filing such petitions, the following rules shall apply:

(1)

No petition for a change in the classification of property shall be filed unless such petition is duly signed by the owners or authorized agents of not less than 50 percent of the area of land for which a change of classification is requested, provided, however, that, where any lot located in the aforesaid area is owned in division, all co-owners must sign the petition for that lot to be included in the 50 percent area provision.

(2)

Each petition for a change in the classification of property shall conform to such standards and requirements as the planning commission shall adopt.

(3)

Each petition shall be accompanied with payment of a non-refundable fee of $500.00 dollars. Under no conditions shall said sum or any part thereof be refunded for any reason. The petitioner shall also be responsible for and pay the direct cost of reducing the transcript of the hearing of all the testimony given at any public hearing held in connection herewith to writing, and all costs of postage.

(4)

Whenever a petition is filed requesting a change or amendment of this chapter, and said petition has been finally acted upon by the mayor and board of aldermen, or when said petition has received no action on the part of the mayor and board of aldermen within 90 days from the date of submission of the report of the planning commission, or when said petition has been officially advertised for public hearing, but has subsequently been withdrawn either before or after said public hearing has been held, then the mayor and board of aldermen shall not consider any further petition requesting or proposing such change or amendment for the same property within one year from the date of the mayor and board of aldermen's final legal action on said petition or from the expiration of the aforesaid 90 day period in case action has not been taken by the mayor and board of aldermen, or from the date of withdrawal of said petition, provided, however, that said petition has been officially advertised. This provision shall not apply in case where the mayor and board of aldermen wishes to consider a petition involving a comprehensive zoning revision of an area larger than 20 acres.

(Ord. No. 2232, 8-8-2017; Ord. No. 2273, 12-14-2021; Ord. No. 2294, 2-14-2024)

Sec. 23-13.3. - Amendment procedure.

(1)

No amendment, repeal, supplement or change to the regulations or restrictions under this, chapter 23, or the official zoning map, shall become effective unless and until all requirements, including any public hearings and notices thereof, under La. R.S. 33:4721 et seq., as may be amended from time to time, or other applicable laws are satisfied.

(2)

In addition to the requirements set forth in subsection (1) above, for any amendment in the classification of property under section 23-13.2, the zoning administrator shall notify, or cause to be notified, all adjacent land owners within 300 feet from the property line of the lot in question, of the proposed change and shall post a sign on said property stating that this property is being considered for a zoning change. The sign shall be posted on site for 21 days before hearing. The notifications must be by certified mail, return receipt requested, directed to the respective owners at the addresses specified by the city's property tax records.

(3)

After the public hearing as provided above, the planning commission shall have submitted its report and recommendations upon the proposed change and amendment to the mayor and board of aldermen. The mayor and board of aldermen shall not take official action upon the change and amendment until the report of the planning commission has been received, provided, that, if the report has not been filed within 45 days after the date of the public hearing, the mayor and board of aldermen may then take official action upon the change or amendment.

(4)

A final yea or nay vote shall have been taken on the proposal by the mayor and board of aldermen within 90 days from date of receipt of the recommendations of the planning commission or from the lapse of 45 days from the date of the public hearing, whichever is longer.

(5)

Notwithstanding the provisions of this section 23-13.3(1), when more than ten parcels are to be zoned or rezoned by ordinance by the city, or a proposal to enact a new ordinance to change the text of the zoning ordinance, or to change all of the zoning district map, or both, the advertisement in the official journal or a paper of general circulation, as required by La. R.S. 33:4724(B), as may be amended from time to time, shall be considered adequate notice to the property owners.

(Ord. No. 2232, 8-8-2017; Ord. No. 2273, 12-14-2021)