(a)

Reason for amendment. This chapter, including the zoning map, is based on comprehensive planning studies and is intended to carry out the objective of a sound, stable and desirable development. It is therefore declared to be the public policy to amend this chapter only when one (1) or more of the following conditions prevail:

(1)

Error. There is a manifest error in the chapter.

(2)

Change in conditions. Changed or changing conditions in a particular area, or in the planning area generally, make a change in the chapter necessary and desirable.

(3)

Increase in need for sites for commerce or industry. Increased or increasing needs for commercial or industrial sites, in addition to sites that are available, make it necessary and desirable to rezone an area or to extend the boundaries of an existing district.

(4)

Subdivision of land. The subdivision or imminent subdivision of open land into urban building sites makes reclassification necessary and desirable.

(b)

Limitations on proposed amendments. All proposed amendments to this chapter shall be subject to the following limitations:

(1)

Minimum sizes for new districts. No amendment changing the classification of an area shall be adopted unless the area meets the following requirements as to minimum size:

a.

Business and industrial districts. A proposed new business or industrial district shall contain at least two (2) acres of gross area; except that a commercial district of a higher (more restrictive) classification which abuts a commercial district of a lower (less restrictive) classification shall have no minimum size requirement.

b.

O-L and residential districts. There is no requirement of minimum size for new O-L or R-1 districts; however, a proposed new R-2, R-3 or R-4 district which does not abut a business district shall have at least two (2) acres of gross area. New residential districts should not be created to abut I-1 districts.

(2)

Additions to existing districts. An enlargement of or an addition to an existing district shall not be considered a new district and shall be exempt from the requirement as to minimum size.

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

(a)

By whom initiated. Amendments to this chapter may be initiated by the City of DeRidder, by the DeRidder Planning Commission, or by any person, firm, or corporation.

(b)

Amendment application. An application for amendment to this chapter submitted by any person, firm, or corporation shall contain at least the following:

(1)

Interest and ownership. The applicant's name, address, and interest in the application, the concurrence of the owner or owners of the entire land area and structures to be included within the proposed district, with evidence that the applicant actually intends to develop the designated area, and have both the means and ability to do so.

(2)

Plat. A plat showing the land area which would be affected, the proposed zoning classification of the area.

(3)

Error. The error in this chapter that would be corrected by the proposed amendment.

(c)

Administrative examination. Upon receipt of a completed application for amendment, the zoning administrator shall examine the application and shall make such investigation as is necessary. Within ten (10) days of the receipt of an application, the zoning administrator shall transmit the application, together with its report to the planning commission.

(d)

Preliminary hearing by planning commission. The planning commission shall hold a preliminary hearing on each application for amendment to this chapter and shall notify the applicant and the zoning administrator of the time and place of such preliminary hearing. After holding a preliminary hearing the commission shall certify the application for public hearing. No later than seven (7) days before the public hearing date the applicant shall:

(1)

Furnish the commission with such additional information as it may request; including amendments seeking changes in the zoning map,

(2)

Furnish the commission with the name, description of property owned and mailing address of each owner of property lying within a distance of three hundred (300) feet of all of the fronting corners of the property the classification of which is sought to be changed.

(e)

Public hearing by planning commission.

(1)

The planning commission shall fix a reasonable time for a public hearing and shall give public notice thereof as required by L.R.S 33:4724, as well as notice to the applicant and to the zoning administrator.

a.

Notice of the time and place of the hearing shall be published once a week in three (3) different weeks in the official journal of the City of DeRidder or, if there be none, in a paper of general circulation in the city.

b.

At least fifteen (15) days shall elapse between the first publication of the notice and the date of the hearing.

c.

At least ten (10) days prior to the hearing, official notice of the time and place of the hearing shall be sent by regular mail to the owner or owners of record of property to be zoned or rezoned, but only when less than ten (10) parcels are proposed for zoning or rezoning.

(2)

The commission may also notify the owners of surrounding property within three hundred (300) feet by mail.

(3)

The commission shall prepare a record of its proceedings for each case to be filed in the office of the commission, and to be a public record; a certified copy of the record or proceedings shall be transmitted to the mayor and city council.

(f)

Legislative disposition. The mayor and city council shall examine all applications and shall take further action. Before enacting any amendment the city council shall hold a public hearing and shall give public notice, as required by law.

(1)

Conditions. Conditions fixed in amendments relating to rezoning shall be construed to be covenants running with the land in the area involved and shall be binding upon applicants for amendments, their heirs, successors, and assigns.

(2)

Reconsideration. No land for which an application for reclassification has been acted upon in a public hearing by the city council and mayor shall be considered again by the planning commission for the same classification until at least six (6) months after the date such application was acted upon.

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

(a)

Interpretation. In interpreting and applying the provisions of this chapter, the chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. Whenever the provisions of this chapter require a greater width or size of yards or other open spaces, a lower height of buildings, a greater percentage of lot be left unoccupied, or other higher standards than are required in any other applicable statute, chapter or regulation, the provisions of this chapter shall govern.

(b)

Validity. The requirements and provisions of this chapter are severable, and should any section or part thereof be declared by any court of competent jurisdiction to be unconstitutional or invalid the decision of the court shall not affect the validity of the chapter as a whole or any section or part thereto other than the section or part thereof so declared to be unconstitutional or invalid.

(c)

Effective date. This chapter shall take effect upon adoption by the city council.

(d)

Repeal. All ordinances or parts of ordinances conflicting with any provisions of this chapter are hereby repealed insofar as same conflict with and affect this chapter.

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