The purpose of this article is to describe the function of the department, boards, commissions, and governing bodies as they are involved in administering the zoning ordinance, to outline the standards and procedures to be followed in administering the zoning ordinance in respect to amendment, issuance of a certificate of occupancy, granting variances from the strict application of the letter of the ordinance, and permitting conditional and special uses.

(Ord. of 7-23-90)

18.02.1 Function of the city planning commission. It shall be the duty of the city planning commission acting as the zoning commission, to receive for the board of aldermen, and process in accordance with the provisions of this ordinance, petitions for changing the zoning classifications of land, revisions or amendments of the zoning text, and requests for a conditional and special use. The city planning commission will designate the director of the office of planning and development to perform this function. The director will complete, correctly prepare and process petitions and requests for the zoning commission.

When proposals or requests have been filed with the city zoning commission in proper form, then the commission will hold a public hearing in the name of the board of aldermen relative to such proposals. The city zoning commission will then prepare and forward its report and recommendations to the board of aldermen for action.

18.02.2 Functions of the director of the office of planning and development. The director of the office of planning and development shall have the following duties and functions related to zoning:

1.

Receive and process all requests pertaining to zoning matters.

2.

Maintain up-to-date zoning maps and zoning texts.

18.02.3 Functions of the building official. The building official shall have the following duties and functions related to zoning:

1.

Issue building permits which are in accord with the provisions of this zoning ordinance.

2.

Review plans for construction and installation of signs and approve acceptable signs by issuing a permit.

3.

Issue a certificate of occupancy when the structure or building is completed and in accord with approved plans and specifications and adopted codes.

4.

Make inspections of construction to see that it compiles with approved plans, specifications and building codes.

5.

Be responsible for enforcement of the zoning ordinance according to article 17. Notify violators and confer with them to arrange for correction of zoning violations.

18.02.4 Functions of board of aldermen. It shall be the duty of the board of aldermen to receive, evaluate, and decide affirmatively, negatively, or conditionally, on petitions for zoning amendments after receiving a report and recommendations from the city zoning commission.

(Ord. of 7-23-90)

The zoning ordinance will be enforced by the building official.

(Ord. of 7-23-90)

18.04.1 In case any building or structure is erected, structurally altered, extended, moved or maintained, or any building structure or land is used in violation of this ordinance, any proper city official or their duly authorized representatives, in addition to other remedies, may institute any appropriate actions or proceedings to prevent such unlawful erection, structural alteration, extension, moving, maintenance, use, or other violations, to restrain, correct or abate violation, to prevent any illegal act, conduct business, or use in or about such premises. Each day such violation continues shall constitute a separate violation.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis therefore, shall be filed with the director of office of planning and development.

18.04.2 The owner or general agent of a building or premises where a violation of any provisions of this regulation have been committed or shall exist, or the lessee or tenant of an entire building or premises where such general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part in, or who assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable in accordance with the violation provisions of the Code of Ordinances of the City of Denham Springs. The correction of a violation shall not restrain imposition of these penalties.

(Ord. of 7-23-90)

Before any actions shall be taken provided in this article, the party or parties proposing or recommending a change in the zoning ordinance, either text change or map change, shall deposit with the director of the office of planning and development, a sum in accordance with the latest revised fee schedule approved by the board of aldermen.

(Ord. of 7-23-90)

18.06.1 When a violation is found to exist, the director of the office of permits and inspections (building official) will notify the owner or owners of the subject property that a zoning violation exists. If the building is under construction, the owner will be instructed to stop construction until arrangements have been made to correct the violation. The owner will be notified by registered mail and also the property of the concerned will be posted with a suitable placard, stating that the use is in violation of the zoning ordinance and that all construction work is ordered to stop. If the building or use which is in violation already exists, then the owner will be notified by registered mail to cease operation until corrections have been made.

18.06.2 Failure of the property owner to respond to these official notifications will be cause for the director to notify the city police department to request that the owner be arrested and charged.

(Ord. of 7-23-90)

Amendments may be initiated by:

The board of aldermen, for amendments to the text of the zoning ordinance.

The city planning commission, for amendments to the text of the zoning ordinance.

Any citizen or group of citizens of the city for amendment to the text of the ordinance only, not including changes of zoning classification of another citizen(s) property.

A property owner or property owners owning more than 50 percent of the land proposed for a change in zoning classification.

18.07.1 Zoning ordinance amendment initiated by the planning commission or board of aldermen. An amendment initiated by the planning commission or the board of aldermen, shall be referred to the zoning commission for study and report and may not be acted upon by the board of aldermen until it has received the recommendations of the zoning commission on the proposed amendment. Upon completion of the study and report, the zoning commission shall initiate the rezoning process or amendment and follow the same procedure enumerated in subsection 18.07.2 in case of an amendment to the zoning ordinance or subsection 18.07.3 in the case of a change in zoning classification of land. Within 120 days of the rezoning initiation or amendment, the zoning commission shall refer its recommendation to the board of aldermen. In the absence of such a recommendation, the board of aldermen can at its own discretion hold public hearings and act on the proposed amendments.

Any amendment that has failed to receive the approval of the zoning commission shall not be passed by the board of aldermen except by an affirmative vote of two to three of the board of aldermen.

18.07.2 Zoning ordinance amendment initiated by citizen(s). Any citizen or citizens of the city can initiate changes in the text of the zoning ordinance, excluding the change of the zoning classification of other citizen(s) property by the following procedure:

1.

The petitioner(s) will execute a petition for an amendment to the text of the zoning ordinance.

2.

File the amendment petition in duplicate with the director of the office of planning and development, at least 30 days prior to an official regular meeting of the zoning commission.

3.

The director forwards petition and supporting documents to the zoning commission to consider the merits of the petition. Based on the merits of the petition the zoning commission can:

(a)

Reject the proposed amendment;

(b)

Return back to the petitioner(s) for further study and refinement; and

(c)

Call for a public hearing to consider the matter at a future official regular zoning commission meeting.

4.

If the zoning commission desires to call a public hearing it will instruct the city clerk to place a public notice in the official journal, announcing the time and place of such public hearing with the notice being published once a week for three consecutive weeks. At least 15 days shall elapse between the date of the first public publication of such a notice and date of the hearing.

5.

The zoning commission reviews the zoning ordinance amendment petition and comments made at the public hearing and makes a recommendation to the board of aldermen for approval or disapproval of the petition.

6.

The board of aldermen reviews the recommendation(s) of the zoning commission. Before taking action on the petition, the board will set a date for its own public hearing on the request and will instruct the city clerk to have the public hearing publicized as set forth in paragraph four above. After holding its own public hearing, the board will approve or disapprove the petition.

7.

Upon approval of the petition by the board, an ordinance to amend the zoning ordinance (617) to incorporate the zoning amendments may be introduced by a board member. Upon introduction of the ordinance at a official meeting, the board will direct the city clerk to place a public notice in the official journal, announcing the time and place of such public hearing. The public notice shall be published one time in the official journal at least ten days prior to the date for consideration by the board.

8.

After the public hearing and ordinance approval, the board will direct the city clerk to publish the ordinance in the official journal. Upon publication, the ordinance becomes official.

9.

Once the ordinance becomes official, the city clerk is responsible for the proper recording of the ordinance at the Livingston Parish Clerk of Court's Office.

10.

Upon completing steps one through nine the zoning ordinance is amended.

11.

A petitioner(s) may withdraw his petition at any time up to its consideration by the zoning commission. However, if a petition for amendment to the zoning ordinance is withdrawn by the petitioner(s) after the public hearing has been held or if the zoning commission disapproves of the request contained in the petition, then no further petition for the same amendment will be considered by the zoning commission for a period of six months from the date of the public hearing.

18.07.3 Zoning ordinance amendment for rezoning of property initiated by property owner or owners.

1.

The petitioner will execute a petition for a zoning change. Petition forms may be obtainable from the director of the office of planning and development.

2.

File the rezoning petition in duplicate with the director of the office of planning and development at least 15 days prior to a regular official meeting of the zoning commission.

3.

The director of the office of planning and development forwards petition and supporting documents to the zoning commission which sets a date for a public hearing.

The zoning commission will instruct the city clerk to place a public notice in the official journal, announcing the time and place of such public hearings with the notice being published once a week for three consecutive weeks. At least 15 days shall elapse between the date of the first publication of such notice and the date of the hearing. In addition, the director shall have placed on the site in a prominent place a sign of reasonable durability giving public notice of the hearing. No action will be taken by the board of aldermen on the zoning petition until after such public hearing has been held. An attempt shall be made to notify all adjoining property owners to the property requested to be rezoned prior to the public hearing.

4.

The zoning commission reviews the zoning petition and comments made at the public hearing and makes a recommendation to the board of aldermen for approval, disapproval, or conditional approval of the petition.

5.

The board of aldermen receives the recommendation of the zoning commission. Before taking action on the petition the board of aldermen will set a date for its own public hearing on the request and will follow the same procedure enumerated in paragraph three above. After holding its own public hearing, the board of aldermen will approve, disapprove, or conditionally approve the petition.

6.

Upon approval of the petition by the board, an ordinance to amend the zoning ordinance (617) to incorporate the zoning change (rezoning) may be introduced by a board member. Upon introduction of the ordinance at a official regular meeting, the board will direct the city clerk to place a public notice in the official journal, announcing time and place of such public hearing. The public notice shall be published one time in the official journal at least ten days prior to the date for consideration by the board of aldermen.

7.

After the public hearing and ordinance approval, the board will direct the city clerk to publish the ordinance in the official journal. Upon publication, the ordinance becomes official.

8.

Once the ordinance becomes official, the city clerk is responsible for the proper recording of the ordinance at the Livingston Parish Clerk of Court's Office.

9.

Upon completion steps one through nine the zoning ordinance is amended to reflect the rezoning request.

10.

A petitioner may withdraw his petition at any time up to its consideration by the zoning commission. However, if a rezoning petition is withdrawn by the petitioner after the public hearing has been held or if the zoning commission disapproves of the request contained in the petition, then no further petition for the same property will be considered by the zoning commission for a period of six months from the date of the public hearing.

(Ord. of 7-23-90)

1.

The petitioner will execute a petition for a special use permit.

2.

File the special use permit with the director of the office of planning and development at least 30 days prior to a regular official meeting of the zoning commission.

3.

The zoning commission instructs the city clerk to place a public notice in the official journal, announcing the time and place of such public hearing with the notice being published once a week for three consecutive weeks. At least 15 days shall elapse between the date of the first publication of such notice and the date of the hearing. In addition, the director shall have placed on the site in a prominent place a sign of reasonable durability giving public notice of the hearing. No action will be taken by the board of aldermen on the special use permit until after such public hearing has been held. An attempt shall be made to notify all adjoining property owners to the property being considered for a special use permit prior to the public hearing.

4.

The zoning commission reviews the request for a special use permit and comments made at the public hearing and makes a recommendation to the board of aldermen for approval or disapproval of the permit.

5.

The board of aldermen receive the recommendation of the zoning commission. Before taking action on the permit, the board of aldermen will set a date for its own public hearing on the request and will instruct the city clerk to have the public hearing publicized as set forth in paragraph three above. After holding its own public hearing the board of aldermen will approve, or disapprove the permit.

6.

A petitioner may withdraw his request for a special use permit at any time up to its consideration by the zoning commission. However, if a request for a special use permit is withdrawn by the petitioner after the public hearing has been held or if the zoning commission disapproves of the request contained in the petition, then no further petition for the same property will be considered by the board of aldermen for a period of one year from the date of the public hearing.

(Ord. of 7-23-90)

1.

An application for a variance shall be filed with the director of the office of planning and development stating the exceptional conditions and peculiar difficulties claimed. Also submitted at this time shall be the required fee and supportive documentation as may be deemed necessary.

2.

The application shall be referred to the zoning commission for consideration concerning the effect on the character and development of adjacent properties. The applicant may request to appear before the zoning commission in order to answer questions and to explain the request. The zoning commission may hold public hearings as it deems necessary whenever it determines that adjoining property owners or other residents in the city should be advised of the proceedings or given an opportunity to appear.

3.

Within 30 days of receipt of application, the zoning commission shall prepare its finding and recommendation following its consideration of the application.

4.

The findings and recommendations of the zoning commission shall be sent to the board of aldermen. This item shall be considered by the board of aldermen at its next regular meeting after receipt of the item, or at such special meeting as the board of aldermen shall deem proper. In the absence of a recommendation from the zoning commission, within 120 days it shall be conclusively presumed that the zoning commission has no objection to the variance.

5.

In considering applications for variances, the board of aldermen shall consider the advice and recommendations of the zoning commission and may grant the variance if it determines that the variance is permissible in accordance with the foregoing standards. Variances may be denied by motion of the board of aldermen, and such motion shall constitute a finding and determination that the conditions required for approval do not exist. No application for variance which has been denied wholly or in part shall be resubmitted for a period of six months from the date of said order of denial.

6.

It is contemplated that any work involved or required by reason of a variance will be commenced promptly and concluded within a reasonable time. Accordingly, all variances shall be granted on the automatic condition that such work shall commence within six months after the granting of the variance and concluded within one year after such granting.

This condition need not be specifically stated within the variance, and this is not intended to limit the authority of the board of aldermen with respect to imposition of other or different time limitations if deemed proper in the particular case.

It shall be the responsibility of the director of office of planning and development to check these time limitations or any other limitations contained in the variance and advise the board of aldermen of any breach thereof. Breach of the limitations, whether contained herein or specifically in the variance itself, shall be grounds for canceling the variance.

(Ord. of 7-23-90)

1.

An applicant desiring approval of a planned unit development has the option of first applying for concept approval and then proceeding to obtain general plan approval or may instead apply for general plan approval without first having to obtain concept plan approval.

2.

Application, documentation and administrative procedure. The applicant for concept approval of a planned unit development shall complete and submit to the director of the office of planning and development an application on such forms as are provided by the director of planning and development, together with the required fee and two copies of the following documentation:

a.

Ownership report.

b.

Survey.

c.

Site plan. Site plan showing the location of all existing and proposed structures on the entire development tract, including all portion thereof located in an adjacent governmental entity.

d.

Written statement. A written statement by the landowner setting forth the following:

I.

The size of the development tract;

II.

The nature of the applicant's interest therein;

III.

The density of land use to be allocated to the parts of the area to be developed;

IV.

The function, ownership and manner of maintenance of common open space;

V.

The feasibility of proposals for the disposition of sanitary waste and storm water;

VI.

The period of time within which the development tract will be developed and a staging schedule;

VII.

Submit to planning commission a listing of any modifications in the zoning and subdivision requirements otherwise applicable to the development tract and the planned unit development.

In general, this would be in the public interest and would be consistent with the city's goals and the general purpose and intent of this ordinance.

After submission of the application and documentation required above to the planning commission for study and consideration, the city shall follow the administrative procedure for obtaining a special use permit set forth in section 18.08. Nothing herein contained shall be deemed to forbid or discourage informal consultations between the applicant and the director of office of planning and development prior to the filing of an application for concept approval, provided no statement or representation made by said director shall be binding upon the city.

(Ord. of 7-23-90)

No land or building or part thereof erected or altered in its use or structure after the adoption of this ordinance shall be used until the building official shall have issued a certificate of occupancy stating that such land, building, or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of this ordinance. A temporary certificate may be issued for a period of not exceeding six months during the completion of alterations or during partial occupancy of a building pending completion. Within three days after notification that a building, premises, or part thereof, is ready for occupancy or use, it shall be the duty of the building official to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part thereof, and the proposed use thereof are found to conform with the provisions of this ordinance or, if such certificate is refused, state such refusal in writing with the cause.

(Ord. of 7-23-90)