1.101. These regulations shall be known and may be cited as the "Comprehensive Zoning Regulations" of the City of Covington, Louisiana.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

1.201. These zoning regulations as herein set forth have been prepared for the City of Covington, Louisiana to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within this jurisdiction.

1.202. This ordinance is adopted pursuant to the Charter of the City of Covington, Louisiana, and the provisions of R.S. 33:4721 et seq., R.S. 33:101 et seq., and R.S. 25:731 et seq., and the Constitution of the State of Louisiana in order to promote the public health, safety, morals and general welfare of City of Covington, Louisiana.

1.203. Commission provisions.

1.

Under authority of the Louisiana (LA) R.S. 33:101 et seq. the City of Covington maintains a municipal planning commission, to be known as the "Covington Planning Commission" or the "Planning Commission" herein, whose administrative provisions are found in chapter 82 of the City of Covington Code of Ordinances.

2.

As per R.S. 33:4721 et seq., the municipal planning commission shall also serve as the municipal zoning commission, and shall have all of the powers conferred upon zoning commissions by law, and shall be known as the "Covington Zoning Commission" or "zoning commission" herein. Administrative provisions for the zoning commission are found in chapter 82 of the City of Covington Code of Ordinances.

3.

There shall be a board of adjustment, the membership, terms of office, and rights and duties of which shall be provided in RS. 33:4727, as amended, and chapter 18 of the City of Covington Code of Ordinances.

4.

The Historic District Commission of the City of Covington shall carry out the intent of this ordinance herein when appropriate. The administrative provisions for the historic district commission shall be found in chapter 54 of the City of Covington Code of Ordinances.

5.

Chapter 102-61 et seq. creates and establishes the City of Covington Tree Board, which shall also carry out the intent of this ordinance, and advise other commissions when appropriate.

1.204. Any reference or citation made in this ordinance to any duly enacted statute of the United States of America or of the State of Louisiana; or any duly enacted ordinance of the Parish of St. Tammany or of the City of Covington; or any regulation enacted or promulgated by any department, agency, bureau or other institution or subdivision of the United States of America, the State of Louisiana, the Parish of St. Tammany or the City of Covington shall refer to the provisions of the cited or referenced statute, ordinance or regulation as of the date of the enactment of this ordinance or as cited or referenced statute, ordinance or regulation may thereafter from time to time be amended, reenacted or re-designated.

1.205. All ordinances or parts of ordinances in conflict herewith or incompatible with the provisions of this ordinance are hereby repealed.

1.206. Upon the effective date of this ordinance, the pre-existing Appendix B Zoning of the Covington Code of Ordinances shall be repealed.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

1.301. These regulations shall apply to all the area located within the corporate limits of the City of Covington, Louisiana. All developments shall meet minimum standards and requirements of these regulations, as amended. This ordinance, or any amendment thereto, shall not affect the validity of any building permit lawfully issued prior to the effective date of the ordinance, or any amendment thereto, provided that the permit is valid upon the effective date of the adoption of this ordinance or any amendment thereto.

1.302. Any use established on the effective date of this ordinance and which conforms with the conditional use provisions applicable in the zoning district in which the use is located shall be considered a lawful conditional use; provided that the use continues to conform with the provisions of this ordinance.

1.303. This ordinance, or amendment thereto, shall not affect the validity of variances granted by the board of adjustment prior to the effective date of this ordinance, or amendment thereto. Said variances granted by the board of adjustment shall remain in effect after the effective date of this ordinance, and shall constitute variances to the applicable provisions of this ordinance.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

1.401. The provisions of this Code shall apply to the construction, addition, significant alteration, moving and use of any building, structure, parcel of land or sign within a jurisdiction, except work located primarily in a public way, public utility towers and poles and public utilities unless specifically mentioned in this Code.

1.402. Where, in any case, different sections of this Code specify different requirement, the more restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

1.403. In fulfilling these purposes, this ordinance is intended to benefit the public as a whole and not any specific person or class of persons. Although, through the implementation, administration and enforcement of this Code, benefits and detriments will be enjoyed or suffered by specific individuals, such are merely a byproduct of the overall benefit to the whole community. Therefore, the City of Covington, its officers, agents and employees shall have qualified immunity against unintentional breaches of the obligation of administration and enforcement imposed on the jurisdiction hereby.

1.404. If any portion of this Code is held invalid for any reason, the remaining herein shall not be affected.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

1.501. The city council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of occupancy, appeals and other matter pertaining to this ordinance. This schedule of fees shall be available from the City of Covington Building Official and may be altered or amended only by the city council. No permit, certificate, special exemption or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the board of adjustment unless or until preliminary charges and fees have been paid in full.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

1.601. Lawfully established buildings and uses, lighting, landscaping, parking, building setbacks, and other site features in existence at the time of the adoption of this ordinance shall be permitted to lawfully continue subject to the provisions of section 5.1 and other provisions of this ordinance applicable to nonconformity with the provisions of this ordinance, and; provided that such continued use is not dangerous to life or community.

1.602. All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this section, the building official shall be permitted to order any structure or use to be inspected.

1.603. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this Code for new buildings and structures. Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public shall be permitted to be erected, provided a special approval is received from the building official for a limited time period. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

1.604. Uses that are illegally established prior to the adoption of this Code shall remain illegal.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

1.701. Administration and enforcement. The provisions of these land use regulations shall be administered by the city planner, the building official, code enforcement officials and other duly authorized representatives as designated herein, who shall have the authority to make inspections of buildings or premises necessary to carry out their administrative duties in the enforcement of these regulations. The city's police shall enforce the provisions of these regulations; the city planner, the building official or the code enforcement officials may call upon the chief of police to furnish the necessary police personnel to carry out enforcement.

1.702. Office of permits and inspections. For the purpose of administering and enforcing this ordinance there is an office of permits and inspections. The chief of this office, from this point forth the building official, who shall be appointed by the mayor, and shall be charged with the responsibility of administering and enforcing the provisions of this ordinance.

1.703. Violations and enforcement proceedings. In case any structure is erected or structurally altered or maintained, or any structure or land is used or altered or is not maintained, in violation of these regulations, any proper city official or his duly authorized representatives may institute any appropriate action or proceedings to prevent such unlawful construction or alteration or use or other violations, to restrain, to correct or to prevent any illegal act, conduct any business or maintain any use in or about such premises. Furthermore, any resident of the community who believes that a violation of any of the provisions of these regulations is occurring may file a written complaint with the building official. Such complaint shall fully set forth the acts or omissions constituting the alleged violation and the site or sites at which such violation or violations are alleged to be occurring. The building official shall record properly such complaint, promptly investigate the allegations underlying said complaint, and take action on such complaint as provided by these regulations.

1.704. Liability. The city planner, the building official, code enforcement officers and other duly authorized representatives, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties described in this Code, or other pertinent law or ordinance, shall have qualified immunity and shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against any city official or his duly authorized representative because of such act or omission performed by said city official or his duly authorized representative in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the enforcement agency shall be defended by the jurisdiction until final termination of such proceedings, and any judgment resulting shall be assumed by this jurisdiction.

This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this Code.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

1.801. Hearing procedures. Unless otherwise specified, the procedures set out in this section shall be applicable to all planning and zoning commission hearings required by provision of this ordinance.

1.802. Notice of public hearing.

1.

All notices for public hearing shall contain:

a.

The date, time and place of the hearing;

b.

The section of this ordinance under which the subject matter of the hearing will be considered;

c.

The name of the applicant;

d.

A brief description of the location of any land proposed for development and the subject matter to be considered at the hearing;

e.

A statement that the application and supporting materials are available for public inspection and copying at the offices of the Covington Planning Department;

f.

A statement that any person may speak or submit a written statement; and

g.

A brief description of the appeal process, which is available by right after public hearings before the Planning or Zoning Commission or any further automatic review by the Covington City Council.

2.

Notice of the contested issue or proposed change and of the time and place of the hearing shall have been published once a week for three different weeks in the official paper of the city. At least 15 days shall elapse between the first publication and the date of hearing.

3.

For changes in the district and/or sub-district classification of property, an additional printed notice in bold type shall have been posted for not less than ten consecutive days prior to the hearing on signs not less than three square feet, prepared, furnished, and placed by the building official on each block of each street adjoining the area proposed for a change in zoning classification. Said signs shall contain an accurate statement of the proposed changes and also the time and place of the public hearing as provided above.

1.803. Examination and copying of application and other documents. Any person may examine any application for, development approval or zoning change, and other material submitted in regard to that application, and may obtain copies of the application and other materials upon reasonable request and payment of a fee to cover cost of such copies.

1.804. Conduct of the planning and zoning hearing.

1.

Submission of information: Any person may appear at a public hearing and give testimony or submit written materials, either individually or as a representative of an organization. The decision-making body may exclude information that it finds to be irrelevant, immaterial, or unduly repetitious.

2.

Duty of the city planner or other duly authorized representative:

a.

Presentation of information. The city planner or other duly authorized representative shall present information concerning pertinent application considerations and the standards set out in this ordinance, including any appeal process available to the applicant or to any opposition or any further automatic review by the city council.

b.

Production of additional information: Upon a showing by any person made at any time during the hearing, or on motion of the decision-making body, the applicant or the staff may be required to produce additional information with respect to the proposed application.

3.

Continuance: The decision-making body may continue a hearing to a specified date, time and place. Unless such continuance is publicly announced at a properly noticed public hearing, the city planner shall cause notice to be given to all persons entitled to notice of the continued hearing as specified in section 1.802 hereof.

4.

Record of hearing.

a.

The city planner or other duly authorized representative shall ensure that the proceedings are recorded by appropriate means. If sound recording is made, any person shall be entitled to listen to the recording at any reasonable time or to make copies at his own expense.

b.

The record of proceedings shall consist of the recording of testimony, all applications, exhibits and papers submitted in any proceeding with respect to the matter being considered, and the summary and report or reports of the city planner.

c.

All summaries and reports of the city planner or other duly authorized representative shall be public records, open to inspection at a reasonable time and upon reasonable notice.

5.

Conflicts: Any member of a decision-making body having any direct or indirect financial interest in property, or who lives within 500 feet of any property, which is the subject of a public hearing, shall disclose such fact to the hearing and shall abstain from voting on the matter as per R.S. 42:1112 and R.S. 42:1120.

6.

Other rules to govern: Other matters pertaining to the public hearing shall be governed by other provisions of this ordinance applicable to the body conducting the hearing and its adopted rules of procedure.

7.

Contacts outside of the hearing: If any member of a decision-making body receives a substantive communication from a person outside the hearing concerning a subject matter under consideration by that body, he shall make a statement at the hearing describing the circumstances and substance of such communication.

1.805. Following the hereinabove referred to public hearing, the planning or zoning commission shall have submitted its report with a map of the area, where applicable, and recommendations upon the proposed changes and amendments to the council clerk. The city council shall be required to conduct a public hearing after giving notice of the time and place of hearing by publication in the official journal of the city or, if there is none, in a paper of general circulation, which notice shall be published once a week for three different weeks. At least 15 days shall elapse between the first publication and the date of hearing.

1.806. A final yea and nay vote shall have been taken on the action by the city council within 120 days dated from the introduction of an ordinance in correct form. Any action that has been approved by the planning or zoning commission may be denied approval by the city council with a simple majority of the entire legislative body. Any action that has failed to receive the approval of the planning and zoning commission shall not be passed by the city council except by the affirmative vote of at least three-fifths of the entire legislative body.

1.807. After published notice required by section 1.802, the city council may hold any public meeting required by this law or the statutes of Louisiana pertaining to zoning jointly with any public hearing required to be held by the planning or zoning commission and/or any public hearing required for passage of an ordinance under the requirements of the Home Rule Charter for the City of Covington, but the legislative body shall not take action until it has received the final report of the planning or zoning commission.

1.808. Whenever a petition is filed requesting or proposing a change in or amendment to these regulations or official zoning map and said petition has been finally acted on by the council in accordance with adopted procedure, then the planning or zoning commission shall not consider any further petition requesting or proposing the same change or amendment for the same property within a period of six months from the date of council's final action on said petition.

Whenever a petition is filed requesting or proposing a change in or amendment to these regulations or official zoning map and said petition has been finally acted on by the planning or zoning commission in accordance with adopted procedure, then the planning or zoning commission shall not consider any further petition requesting or proposing an amendment for the same property until after city council's final action on said petition.

1.809. Conduct of the board of adjustment appeal. The appeal of decisions made by an administrative official or commission in the enforcement of the city's comprehensive zoning ordinance shall be heard by the Board of Adjustment of the City of Covington, and shall follow the procedures outlined in part 7 of this land use ordinance.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

1.901. Complaints regarding violations. Whenever the building official, on the basis of a written complaint from the city planner, the director of public works, any other city official or any credible person or on the basis of his own available information, has reason to believe that a violation of these regulations may exist, he may require any person owning the structure or land or operating a use thereon to provide, within 30 days of notification, information as may be necessary, in his judgment, to determine the existence or extent of any violation.

1.902. Penalties for violations. Violations of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor and proper jurisdiction shall be in Mayor's Court or City Court of Covington. Any persons who violate this ordinance or fail to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00, or imprisoned for not more than 60 days or both, and in addition, shall pay all cost and expenses involved in the case including city engineering and attorney fees. Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

1.1001. Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

1.1002. Application for building permit. All applications for building permits shall be accompanied by plans in duplicate, drawn to a scale of not less than one-eighth-inch to one foot, showing the actual dimensions and shape of the lot to be built upon; the exact size and location of the buildings already existing, if any; and for the location and dimensions of the proposed building or alteration. The building official shall return one copy of the plans to the applicant after he/she shall have marked such copy either as approved or disapproved and attested to it by his/her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the City of Covington.

1.1003. Certificates of occupancy for new, altered, or nonconforming uses.

1.

It shall be unlawful to activate permanent utilities in or to use or occupy or permit the use or occupancy of any part of any building or premises hereafter erected, created, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefore by the code enforcement official stating that the proposed use of this building or land conforms to the requirements of this ordinance. Failure to obtain a certificate of occupancy shall be a violation of this ordinance and punishable under section 1.9, violations.

2.

A temporary certificate of occupancy may be issued by the building official, or his duly authorized representative for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

3.

The building official, or his duly authorized representative shall maintain a record of all certificates of occupancy and copies shall be furnished upon request to any person.

1.1004. Expiration of building permits and special building permits. If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire and be cancelled by the building official, or his duly authorized representative and written notice thereof shall be given to the persons affected.

If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be cancelled by the building official, or his duly authorized representative and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained. The building official may also grant, on a case-by-case basis, one six-month extension to either the building permit or the substantial completion date for reasonable cause, which must be proven by the applicant.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)