The administration and enforcement of this Zoning Code is vested as follows:

A.

The Zoning Administrator's duties include the following:

1.

Review building permit applications to determine conformance with the use and bulk regulations in the district in which the property is located.

2.

Receive and process applications for Variances, Conditional Uses (including Planned Unit Developments) and Amendments.

3.

Inspect properties to determine conformance with the use and bulk regulations in the district in which the property is located and/or with the specific conditions set forth in an ordinance granting a Conditional Use (including a Planned Unit Development) or rezoning or in the grant, by the Board of Adjustments, of a Variance.

4.

Maintain the zoning map.

5.

Provide information and applications to property owners and others seeking to use or develop property in the City.

B.

Board of Adjustments.

1.

Establishment and Terms. There is hereby created a Board of Adjustment, which shall consist of five members all of whom shall be land owners and qualified voters in the City. The Board members shall serve without compensation. Members of the Board shall all be appointed by the Mayor with the advice and consent of the Council. Members of the Board may be removed for cause by the Mayor, with the consent of the Council, upon written charges and after a public hearing. The Mayor shall designate the terms of the initial members of the Commission. One member shall be appointed for an initial term of one (1) year; one for two (2) years; one for three (3) years, one for four (4) years; and one for five (5) years. After the expiration of an initial term, all subsequent terms for that seat shall be for five (5) years. If a vacancy occurs otherwise than by an expiration of term, it shall be filled by appointment for the unexpired term.

a.

The seats on the Board of Adjustment shall be designated as "A" through "E". The terms for the various seats are staggered so that the current terms expire as follows:

i.

Seat "A" expired on December 31, 2016.

ii.

Seat "B" expired on December 31, 2017.

iii.

Seat "C" shall expire on December 31, 2018.

iv.

Seat "D" shall expire on December 31, 2019.

v.

Seat "E" shall expire on December 31, 2020.

New terms shall begin on January 1 after the expiration and shall expire on December 31 five (5) years later.

2.

Organization and Meetings. The Board shall elect a chairman from its members and create and fill such other of its offices as it may determine. The term of the chairman shall be one year, with eligibility for reelection. The Board shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

3.

Duties. The Board of Adjustment has the following duties:

a.

Review appeals of decisions of the Zoning Administrator pursuant to Section 13.5 or state law.

b.

Hear and decide applications seeking variances from the strict regulations of this Zoning Code.

C.

Zoning Commission.

1.

There is hereby created a Zoning Commission composed of the members of the Planning Commission established by Chapter 5 of Title 1 and shall be organized in the same manner; however, the two commissions shall hold separate meetings with separate minutes and records. The Zoning Commission members shall serve without compensation and shall hold no other public office (except as Planning Commissioner or as a member of a regional planning commission of which the City is a member).

2.

The Chair of the Planning Commission shall serve as the Chair of the Zoning Commission. The Zoning Commission shall hold at least one regular meeting each month.

3.

Duties. The Zoning Commission has the following duties:

a.

Hold public hearings, as provided by law, on all applications for Conditional Uses (including Planned Unit Developments) and Amendments to this Zoning Code and recommend to the City Council whether to grant said applications and, if so, the conditions, if any, that should be attached to said grant.

b.

The Zoning Commission shall also, from time to time, either on its own initiative or at the request of the City Council, review the boundaries of the various zoning districts and the restrictions and regulations to be enforced therein and recommend any supplements, changes and modifications thereof to the City Council.

D.

City Council. The City Council has the following duties with regarding to the administration of this Zoning Code.

1.

Make a final determinations approving or disapproving all applications for Conditional Uses (including PUD) and, if approving, enact ordinances granting said Conditional Uses including any conditions placed on such approval.

2.

Make a final determinations approving or disapproving all Amendments to this Zoning Code and, if approving, enact ordinances granting said Amendments and, where appropriate, include any conditions placed on such approval. An ordinance rezoning property (except when proposed by the City) shall be conditioned on a specific site plan. Said site plan shall be the same site plan that was presented to the Zoning Commission for its comment and recommendation or shall have been revised to conform to the Zoning Commission's recommendation. Any proposed amendment that fails to receive a positive recommendation from the Zoning Commission shall not be approved by the City Council except by a favorable vote of two-thirds of its entire membership.

3.

No ordinance approving an Amendment or Conditional Use shall be effective unless the City Council has received a final report from the Zoning Commission on the merits of the proposed Amendment or Conditional Use and the City Council has held a public hearing on the proposed ordinance at which parties in interest and citizens had an opportunity to be heard and notice of the public hearing was published in the official journal of the City of Central and furnished to local newspapers at least 15 days prior to the hearing and posted on the City of Central's website at least 20 days prior to the hearing.

(Ord. No. 2018-40, 10-23-2018)

No permit required by the building code of the City shall be issued for the construction of a building, structure or land improvement or an alteration or enlargement of an existing building, structure, or land improvement, and the uses thereof, until the Zoning Administrator certifies that the application for a permit, with accompanying plans and specifications, conforms with this Zoning Code. Any permit issued in conflict with the provisions of this Zoning Code shall be null and void.

A.

No land shall be occupied or used and no building or structure hereinafter erected, altered or enlarged shall be occupied or used in whole or in part for any purpose until an occupancy certificate has been issued by the building official.

B.

No change of use shall be made in any building, structure or land improvement or part thereof now or hereafter erected or constructed unless an occupancy certificate has been issued by the building official.

C.

An occupancy certificate shall be issued only after the building zoning has inspected the land, building or structure and finds:

1.

It to be in compliance with all applicable regulations of the City, including, but not limited to, this Zoning Code and the building code; and

2.

That the use is a permanent use or a conditional use in the zoning district where such land, building or structure is located. If the use is a conditional use, a conditional use permit shall have properly been granted prior to issuance of an occupancy permit.

The building official may issue one temporary occupancy certificate for a period of six months with one extension of not more than three months if it is for the occupancy of a portion of land, building or structure that has been completed, can be occupied safely and the remaining portion of the land, building or structure or improvement is in the process of completion.

A.

Authority. An appeal from a final order, requirement, decision or determination to issue, not to issue, revoke, rescind or extend a permit or certificate requiring compliance with the provisions of this Zoning Code may be taken to the Board of Adjustment by any person aggrieved or any officer or department of the City. Such an appeal shall be taken within 45 days of the decision complained of by filing a notice of appeal with the Zoning Administrator specifying the grounds thereof and accompanied by an appeal fee, in an amount approved from time-to-time by the City Council. The Zoning Administrator shall transmit all papers constituting the record of his or her decision to the Board of Adjustment.

B.

Actions Stayed. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Adjustments after notice of the appeal has been filed with the Zoning Administrator, that by reason of a fact stated in the Zoning Administrator's statement, to deny a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed unless determined otherwise by the Board of Adjustments or as ordered by a court of competent jurisdiction for due cause shown.

C.

Hearing and Decision. The Board of Adjustments shall fix a reasonable time for the hearing of an appeal and give at least ten days notice to all parties interested in the appeal. The notice shall be by publication in a newspaper in general circulation within the City and also by mailing notice thereof to the parties in interest. At the hearing, a verbatim transcript shall be taken by a certified court reporter. In addition, any party may appear in person or by agent. The Board of Adjustments shall reach its decision within a reasonable period of time after the conclusion of the hearing. The Board of Adjustments may affirm or may reverse, wholly or in part, or modify the order, requirement, decision or determination and to that end shall have all the powers of the officer from whom the appeal was taken.

A.

Authority. The Board of Adjustments, after a hearing may determine and vary the regulations of this Zoning Code in harmony with their general purpose and intent in specific cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Zoning Code. Provided, however, that except as provided in Section 15.2(I)(1) no variation shall be granted authorizing the use of land, buildings or structures which is not a permitted use or a conditional use in the district in which the land, building or structures are located.

B.

Application. After meeting with the Zoning Administrator to discuss the proposed development, an application for a variance shall be filed with the Zoning Administrator along with an application fee in an amount approved from time-to-time by the City Council. At the pre-application meeting, the Zoning Administrator should offer comments to the developer in an effort to make the development more compatible with the surrounding uses, the purposes of the zoning district in which the property is located and the goals of the Master Land Use Plan. Additionally, the Zoning Administrator may bring in the City's engineering, planning, legal and other consultants to review and comment on the proposed development. The application shall contain the following information:

1.

The name, address and phone number of the Applicant, the owner of the property, if different, and the Applicant's attorney or representative, if any;

2.

The legal description and common address of the property;

3.

The specific provisions of the zoning code from which the variation is sought;

4.

A description of the proposed structure or use including a dimensioned site plan or plat;

5.

A brief summary of the factual evidence upon which the Applicant will rely to show that the standards for a variation are met.

C.

Hearing and Standards. The Zoning Administrator shall forward the application to the Board of Adjustments to conduct a public hearing. In determining whether there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Zoning Code, the Board of Adjustments shall take into consideration the extent to which the following facts are established:

1.

That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out;

2.

That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning district;

3.

That the variance is not solely and exclusively for the purpose of enhancing the value of the property;

4.

That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

5.

That granting the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

6.

That the proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.

D.

Findings of Fact and Board of Adjustments Approval. After the public hearing, the Board of Adjustments may, by motion, adopt any proposed variance. Every motion granting a variation shall contain a statement of findings specifying the reason or reasons for making the variance.

E.

Conditions of Approval. The Board of Adjustments may impose such conditions and restrictions upon the property benefited by a variance as they deem necessary to assure compliance with other regulations of this Zoning Code or to reduce or minimize the effect of the variation upon other property in the neighborhood or to implement the general purpose and intent of this Zoning Code.

F.

Effective Period. No variance shall be valid for a period longer than 180 days from the date it was granted unless a building permit or certificate of occupancy is obtained within such period, or the use is legally commenced within such period. The Board of Adjustments may grant one extension of this period, valid for no more than 180 additional days, upon written application prior to the expiration of the variance and good cause shown, without notice or hearing.

G.

The decision of the Board of Adjustments shall be a final administrative decision based upon the evidence presented at the hearing of the appeal. Judicial review of the decision of the Board of Adjustments on appeals shall be in accordance with the R.S. 33:4727.

(Ord. No. 2014-15, 7-1-2014)

A.

Purpose. The development and execution of this Zoning Code is based upon the division of the City into zoning districts, within any one of which the use of land and use of buildings are essentially uniform. However, certain uses, because of their unique character cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring lands and upon the public need for the particular use at the particular location. Such uses fall into two categories:

1.

Uses operated by a public agency or publicly regulated utilities or uses traditionally affected with a public interest; and

2.

Uses entirely private in character but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

B.

Authority. Conditional Uses shall be authorized by the City Council, by ordinance, after a hearing before the Zoning Commission in accordance with the Louisiana statutes and standards set forth in this Zoning Code for Conditional Uses.

C.

Application. After meeting with the Zoning Administrator to discuss the proposed development, an application for a Conditional Use shall be filed with the Zoning Administrator along with an application fee in an amount approved from time-to-time by the City Council. At the pre-application meeting, the Zoning Administrator should offer comments to the developer in an effort to make the development more compatible with the surrounding properties, the conditional use criteria and the goals of the Master Land Use Plan. Additionally, the Zoning Administrator may bring in the City's engineering, planning, legal and other consultants to review and comment on the proposed development. The application shall contain the following information:

1.

The name, address and phone number of the Applicant, the owner of the property, if different, and the Applicant's attorney or representative, if any;

2.

The legal description and common address of the property;

3.

A description of the existing use of the property;

4.

The zoning district in which the property is located;

5.

Description of the proposed Conditional Use;

6.

A dimensioned site plan or plat showing the location of all buildings, parking areas, traffic access and circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards; and

7.

A brief summary of the factual evidence upon which the Applicant will rely to show that the standards for a Conditional Use are met.

D.

Hearing and Standards. The Zoning Administrator shall forward the application to the Zoning Commission to conduct a public hearing. In deciding whether or not to recommend granting the Conditional Use to the City Council, the Zoning Commission shall take into consideration the extent to which the proposed use will:

1.

be harmonious with and in accordance with the general objectives of the Master Land Use Plan and this Comprehensive Zoning Code;

2.

be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;

3.

not change the essential character of the general vicinity;

4.

not be hazardous or disturbing to existing or future neighborhood uses; and

5.

not cause substantial injury to the value of other property in the neighborhood in which it is located.

E.

Conditions of Approval. The Zoning Commission may recommend and the City Council may impose such conditions and restrictions upon the property benefited by the Conditional Use as they deem necessary to assure compliance with the provisions of this Zoning Code or to reduce or minimize the effect of such Conditional Use upon other property in the neighborhood or to implement the general purpose and intent of this Zoning Code. Such conditions or restrictions may include variations from the bulk requirements of this Zoning Code without the need for approval by the Board of Adjustments.

F.

Findings of Fact, Recommendations, and City Council Approval. Within 30 days after the public hearing, the Zoning Commission shall report its findings of fact and recommendations to the City Council in writing. Within 60 days of receipt of the findings of fact and recommendations, the City Council, by ordinance, may authorize or deny an application for a Conditional Use or may refer the application back to the Zoning Commission for further consideration. If approving the Conditional Use, the City Council may do so with or without the any conditions or restrictions recommended by the Zoning Commission or may add any additional conditions or restrictions it deems appropriate. If the Zoning Commission unanimously recommends denial of Conditional Use, the City Council may approve the Conditional Use only upon a vote of two-thirds of the City Council.

G.

Effective Period. Except for Planned Unit Developments (Chapter 14), no Conditional Use shall be valid for a period longer than 180 days from the date it was granted unless a building permit or certificate of occupancy is obtained within such period, or the use is legally commenced within such period. The City Council may, by motion, grant one extension of this period, valid for no more than 180 additional days, upon written application prior to the expiration of the Conditional Use and good cause shown, without notice or hearing.

H.

Discontinuance. The discontinuance of a Conditional Use for a period of one hundred 180 days shall cause the expiration of the Conditional Use Permit and said use shall not be restarted without approval of a new Conditional Use Permit.

A.

Authority. The regulations imposed and the districts created under this Zoning Code may be amended from time to time, by ordinance, in accordance with applicable statutes. An amendment shall be granted or denied by the City Council only after public hearing before the Zoning Commission and report of its findings and recommendations has been submitted to the City Council.

B.

Application. After meeting with the Zoning Administrator to discuss the proposed development or use, an application for Amendment shall be filed with the Zoning Administrator along with an application fee in an amount approved from time-to-time by the City Council. At the pre-application meeting, the Zoning Administrator should offer comments to the developer in an effort to make the development the development more compatible with the purposes of the surrounding uses and the Master Land Use Plan. Additionally, the Zoning Administrator may bring in the City's engineering, planning, legal and other consultants to review and comment on the proposed development. The application shall contain the following information:

1.

The name, address and phone number of the Applicant, the owner of the property, if different, and the Applicant's attorney or representative, if any;

2.

The legal description and common address(es) of the property;

3.

A description of the existing use of the property;

4.

The zoning district in which the property is located;

5.

The proposed use of the subject property including, if applicable, a description of any industrial or manufacturing processes a list of toxic or hazardous substances (as defined by the U.S. E.P.A.) that may be used or stored and associated waste or by products caused by the proposed processes;

6.

The land uses and zoning districts of all properties abutting or across a street or alley from the subject property;

7.

The proposed zoning of the subject property;

8.

A site plan showing the location and dimensions of all buildings, parking, free standing signage and open spaces to be located on the property as well as the location of any and all drainage facilities, including all retention and/or detention areas; and

9.

If the proposed amendment is a text amendment rather than map amendment, the application need only include the items in paragraph (B)(1) of this Section, and the proposed language of the text amendment.

C.

Hearing. The Zoning Administrator shall forward the application to the Zoning Commission to conduct a public hearing.

D.

Conditions of Approval. The Zoning Commission may recommend, and the City Council may impose such conditions and restrictions upon the property benefited by a map amendment as they deem necessary to assure compliance with other provisions of this Zoning Code or to reduce or minimize the effect of such map amendment upon other property in the neighborhood or to implement the general purpose and intent of this Zoning Code. Such conditions or restrictions may include approval of a special site plan including variations from the bulk requirements of this Zoning Code without the need for approval of the Board of Adjustments.

E.

Findings of Fact, Recommendations and City Council Approval. Within 30 days after the public hearing, the Zoning Commission shall report its findings of fact and recommendations to the City Council in writing. Within 60 days of receipt of the findings of fact and recommendations, the City Council, by ordinance, may adopt any proposed amendment or may refer it back to the Zoning Commission for further consideration. If approving the Amendment, the City Council may do so with or without the any conditions or restrictions recommended by the Zoning Commission or may add any additional conditions or restrictions it deems appropriate. If the Zoning Commission unanimously recommends denial of the amendment, the City Council may approve the Amendment only upon a vote of two-thirds of the City Council.

A.

Published Notice. No public hearing before the Board of Adjustments or Zoning Commission on any application for a Variation, Conditional Use or Amendment shall be held unless notice of the time, place and specific subject matter of the hearing is published in the official journal of the City at least three times before the hearing with the first and third publications being at least ten days apart and furnished to local newspapers at least 15 days prior to the hearing. In addition, such notice shall be posted on the City's website at least 20 days prior to the hearing. The Zoning Administrator shall cause notice of the public hearing to be published and posted as required herein. The cost of publication shall be borne by the Applicant(s) as established by the City Council.

B.

Mailed Notice. Each application for a Variation, Conditional Use or Amendment shall also provide notice of the required public hearing by U.S. mail, sent not less than 20 days in advance of the hearing, to the Commission staff and all owners of real property, within 500 feet of the boundaries of the land upon which a zoning application is requested. The Applicant shall provide the Commission staff with proof of the required mailing (consisting of a Certificate of Mailing from the U.S. Postal Service or delivery receipt) for each notice at least two days prior to the public hearing. The failure to timely provide this proof shall cause the application to be deemed incomplete and prevent the Zoning Commission from considering the application. For the purpose of notice requirements to property owners, the names and addresses of such owners shall be deemed to be those on record in the East Baton Rouge Parish Assessor's records. Failure of owners to receive this mailed notice shall in no way not affect the validity of any action taken at the hearing.

C.

Public Participation Program. In addition to the requirements of paragraphs A and B above, Applicants for approval of a Planned Unit Development ("PUD"), including a Traditional Neighborhood Development ("TND") shall complete the two-part Public Participation Program outlined herein to enhance dialogue between Applicants and individuals which could be impacted by the proposed development prior to the public hearing.

1.

Part One of the process is the filing of a plan on the Public Participation Form (Form A) simultaneously with the application requesting approval of a PUD preliminary plat. The Public Participation Plan shall include the following:

a.

Identification of all property owners within 500 feet of the site and area homeowners' associations, environmentally stressed communities, political jurisdictions, and any other public agencies or organizations which may be affected by an application as determined by the Applicant and the City staff at the time of the pre-application conference.

b.

Explanation of how the interested parties will be informed of the proposed development. If notice to property owners within 500 feet required by this Section will be performed by mail, the notice required in Subsection B of this Section can be included with this notice provided the proof of mailing required by Subsection B of this Section is provided.

c.

Methods of providing opportunities for discussion with interested parties before public hearings are held. Applicants are required to schedule at least one meeting at a convenient location and time and notify all interested parties, as identified above, of the purpose, place, and time of the meeting.

d.

Applicant's schedule for completion of the Public Participation Plan.

2.

Part Two of the Public Participation Program, the Public Participation Report (Form B), shall be submitted to the City staff no later than seven business days prior to the scheduled Zoning Commission meeting and the Applicant(s) shall submit to the staff a revised copy of the Public Participation Report no later than noon on the Tuesday preceding the Council meeting at which the development will be considered. The report shall include:

a.

A list of all parties notified, the methods of notification used and copies of all notifications.

b.

A list of dates and locations of all community and/or other meetings attended by the Applicant to discuss the application and copies of related documentation including meeting notes and correspondence.

c.

The number of persons participating in each meeting and copies of the sign-in sheet(s).

d.

A summary of concerns and issues expressed by interested parties.

e.

A summary of the Applicant's response to concerns and issues.

D.

Sign.

1.

Any application related to a PUD, including a TND, requiring a public hearing shall place a sign at least four feet in height and eight feet in width on or adjacent to the property proposed for development or, if the property does not front on a public street, on the nearest public right of way or street with the highest traffic count. The sign shall indicate that the property is proposed for development, and shall include the present zoning classification of the property, the zoning classification sought by the amendment, the number of lots proposed (if applicable), the number of square feet of commercial buildings proposed (if applicable), the proposed name of the development, the date, time and place of the public hearing on the proposed amendment, the name and phone number of the developer and the phone number and website for Central's Planning Commission.

2.

For all other zoning requests requiring a public hearing the Applicant shall authorize the Department of Public Works to place sign(s) at least 18 inches in height and 24 inches in width on or adjacent to the property proposed for development or, if the property does not front on a public street, on the nearest public right of way or street with the highest traffic count. The sign shall indicate the present zoning classification of the property, the zoning classification sought by the amendment, the date, time and place of the public hearing on the proposed amendment, and the phone number and website for Central's Planning Commission. The City of Central shall provide the sign at no cost to the Applicant.

3.

Required signs shall be posted not less than 20 days prior to the date of the public hearing to be held by the Zoning Commission on the proposed application. The sign shall not be removed from the property until the decision of the City Council is final. Signs shall be and shall remain the property of the Department of Public Works.

E.

Notwithstanding anything set forth above, if the City is the Applicant and the proposed amendment will affect the district regulations or rezone ten or more properties, only publication and posting notice is required.

(Ord. No. 2014-14, 7-1-2014; Ord. No. 2024-19, 6-6-2024)