(a)

There is hereby created an office of zoning administration, hereafter called the office.

(b)

The head of the office of zoning shall be the zoning administrator who shall be the director of public works.

(c)

The duties of the zoning office shall be carried out by the code enforcement officer.

(d)

The zoning office shall be under the supervision and administration of the zoning administrator, whose duties and responsibilities it shall be to coordinate and administer the affairs of the zoning office, the planning commission, and the city council (when the council is exercising its responsibilities in relation to land use issues) and to maintain all official records necessary and incidental pertaining to the administration of the city's land use regulations and planning functions.

(e)

The zoning administrator shall be responsible to require that no building or other permit, license, or other document necessary to be approved by the planning commission, any of which may be subject to the zoning code, shall be issued by any department, agency, or board of the City of DeRidder until he or she has certified that the use to be made of the permit, license, or other document is in full compliance with the provisions of DeRidder's adopted land use regulations.

(Ord. No. 1429, 7-26-04)

(a)

Permits and licenses. No building or other permit, license, or other document of approval, the use of which may be subject to the provisions of this chapter shall be issued by any department, agency or board of the municipality until the zoning administrator shall have certified that the use to be made of the permit, license, or other document is in full compliance with the provisions of this chapter.

(b)

Plans required. Each application for a new structure or for the alteration of an existing structure shall be accompanied by a drawing, in duplicate, showing the site plan, the location of the building on the site, accurate dimensions of the building and site, location of off-street parking and off-street loading spaces required, and such other information as may be necessary for the enforcement of these regulations.

(c)

Construction begun or authorized prior to effective date of ordinance. Nothing herein contained shall require any change in the plans, construction or designated use of a structure the construction of which shall have legally and actually begun prior to the effective date of this chapter or, if a building permit shall have been issued within ninety (90) days of the date of such permit, and which entire structure shall be completed within six (6) months after the effective date of this chapter.

(d)

Violations. Any person, firm, or corporation violating any provision of this chapter shall be fined upon conviction in accordance with section 1-8 for each offense, each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any penalty hereunder shall not preclude the building inspector, zoning administrator, municipal counsel, or other appropriate authority of the municipality, or any adjacent or neighboring property owner who would be specifically damaged by such violation, from instituting injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure, or land.

(e)

Occupancy of buildings.

(1)

Any nonresidential use either newly established, relocating from one (1) place to another, or substantially altering its activities must obtain "certificate of occupancy" in a form prescribed by the zoning administrator in advance.

(2)

Before issuing said certificate, the facilities to be occupied must be approved by the building inspector and the state fire marshal as meeting their regulatory requirements. Utility services may be denied by the City of DeRidder for failure or refusal to acquire said certificate.

(f)

Abatement procedures.

(1)

General procedures. In the event that any person, including but not limited to the property owner, general agent of such property, lessee or tenant shall fail or neglect to comply with the provisions of this chapter, the City of DeRidder is authorized, empowered, and directed to cause the violation to be corrected and abated and to assess the charges against the person responsible.

(2)

Abatement notice.

a.

If the City of DeRidder undertakes abatement action, the property owner shall be notified of the city's intent to abate the violation and shall be given no less than ten (10) days to voluntarily abate the violation. The city may serve notice on the owner by registered or certified mail, addressed to the owner at his last known address or through personal delivery by any employee of the city.

b.

Notice of the city's intent to abate a violation shall identify the nature and location of the violation, including the legal property description, the owner thereof who is responsible, the length of time allowed for voluntary correction, and the violator's administrative review rights.

c.

The city may extend the time limit for compliance or voluntary abatement through the execution of an abatement contract, signed and duly executed, which specifies the actions to be taken and the time limit allowed.

(3)

Abatement charges. All charges, costs, and expenses for abatement or correction of the violations incurred by the city shall be assessed to the person responsible; and, if said person refuses to reimburse the city's costs within thirty (30) days, the amount thereof may be collected through civil proceedings directed against such person.

(4)

Administrative review. Any person notified of proposed correction or abatement action by the city shall have the right for ten (10) days from the date of receipt of such notice to request in writing an administrative review according to section 15-184(d) of this chapter.

(g)

Abatement actions taken by the city under this chapter shall not preclude the imposition of criminal penalties as otherwise provided by law.

(Ord. No. 1429, 7-26-04; Ord. No. O-2022-43, 6-27-22)

Where it is alleged that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the regulations, the city council may hear and decide to vary or modify the application of the regulations relating to the construction, or alteration of buildings or structures so that the spirit of the law shall be observed, public safety and welfare secured, and substantial justice done. In exercising all of its aforementioned and following described powers the council may, in conformity with Louisiana Revised Statute 33:4721 through 4729 and the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all of the powers of the administrative officer from whom the appeal is taken.

(Ord. No. 1429, 7-26-04)

The council shall exercise the following powers in relation to the zoning ordinance:

(a)

Interpretation. To interpret the zoning map and to pass upon disputed questions (such as definitions of terms delineated in the chapter) as they arise in the administration of the zoning regulations by the zoning administrator or the professional staff of the planning commission.

(b)

Special exception uses. To hear and decide, in accordance with the provisions of this article, requests for special exceptions, subject to such terms and conditions as may be fixed by the planning commission and/or city council. No use exception shall be authorized unless the city council shall find that all of the following conditions exists.

(1)

The exception will not authorize the operation of a use other than those uses specifically enumerated for the district in which is located the property for which the exception is sought.

(2)

The exception is essential to maintain the financial integrity of the development and will be in harmony with the spirit and purposes of this chapter.

(3)

The exception will not substantially or permanently injure adjacent conforming property in the same district.

(4)

The exception will not weaken the general purposes of this chapter or adversely affect the public health, safety, or welfare, or the comprehensive plan.

(c)

Structural variances. Where, by reasons of exceptional narrowness, shallowness, or shape of a specified piece of property at the time of enactment of this chapter, or by reason of exceptional topographic conditions or other extraordinary and exceptional characteristics of such piece of property, the strict application of any regulation in this chapter would result in peculiar and exceptional or undue hardship upon the owner of such property, the city council may authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of the zoning ordinance. Structural variances shall be subject to such terms and conditions as may be fixed by the council. No structural variance shall be authorized unless the council shall find that all of the following conditions exists:

(1)

The variance will not authorize the operation of a use other than those uses specifically enumerated for the district in which is located the property for which the variance is sought.

(2)

The development or use of the property for which the variance is sought, if limited by a literal enforcement of the provisions of this chapter, cannot yield a reasonable return in services.

(3)

The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property.

(4)

The variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

(5)

The variance will not alter the essential character of the district in which is located the property for which the variance is sought and will be in harmony with the spirit and purposes of this chapter.

(6)

The variance will not weaken the general purposes of this chapter or adversely affect the public health, safety, or welfare, or the comprehensive plan.

(d)

Appeals other than special exceptions or variances. Appeals to the city council may be taken by any person aggrieved, or by any officer, department, or bureau of the municipality which has been affected by any decision of the DeRidder Zoning Administrator or of his staff.

(1)

Appeals shall be requested within thirty (30) days by filing with the officer from whom the appeal is taken and with the council a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the council all of the papers constituting the record upon which the action appealed from was taken.

(2)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the council after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such case proceedings shall not be stayed otherwise than by a restraining order that may be granted by a court of record on application or notice to the officer from whom the appeal is taken and on due cause being shown.

(3)

The council shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the interested parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(e)

Appeals for special exceptions and variances.

(1)

Requests for special exceptions and variances will be heard by the planning and zoning commission and a recommendation made to the city council for decision. Should the planning commission fail to make a recommendation the council may grant or deny any special exception use or variance in accordance with the criteria provided by this article.

(2)

Public hearings by the planning and zoning commission for special exceptions and variances will be held at the discretion of the planning and zoning commission.

(3)

The city council shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to interested parties by posting signs in the area of the property in question and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(Ord. No. 1429, 7-26-04)

The council shall keep minutes of its hearings and meetings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be filed immediately with the city clerk and shall be public records. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the city for the purpose.

(Ord. No. 1429, 7-26-04)

The concurring vote of a majority of the members of the council present and voting shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter on which it is required to pass upon any ordinance, or to effect any variation in the ordinance.

(Ord. No. 1429, 7-26-04)

Any person aggrieved or any officer or department may have a decision of the council reviewed in the manner provided by rules relating to civil proceedings. No such review shall be granted unless a petition therefore, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality, is presented to a court of record within thirty (30) days after the filing of the decision in the office of the city council. The city council shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be called for. The return shall concisely set for such other facts as may be pertinent and material to the decision appealed from and shall be verified. The issuance of a writ on a petition hereunder shall not stay proceedings under the decision appealed from, but the court, on application after notice to the city council and on due case shown, may grant a restraining order.

(Ord. No. 1429, 7-26-04)

The following application and inspection fee schedule shall be paid upon application to the public works director for approval of an applicant's request under this chapter:

(Ord. No. 1429, 7-26-04; Ord. No. 1573, 7-23-07; Ord. No. O-2020-1, 2-10-20)