Any person violating any provision of this chapter shall be notified in writing of such violation by the zoning administrator. Upon receipt of the written notice from the zoning administrator, any person may appeal the zoning administrator's decision to the board of adjustment pursuant to division 2 of this article. The decision of the zoning administrator shall become final where no appeal is taken within ten days of receipt of such written notice.

(Ord. No. 1-1992, § 11(51-19), 3-10-1992)

State Law reference— Penalties, etc., for violation, R.S. 33:4728.

No zoning certificate 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 town until the zoning administrator shall have certified that the use to be made of the certificate, license or other document is in full compliance with the provisions of this chapter.

(Ord. No. 1-1992, § 11(51-17), 3-10-1992)

(a)

Except as provided in this section, no structure or land shall be used, occupied or changed in use until a certificate of occupancy shall have been issued therefor by the zoning administrator, stating that the proposed use of land or the structure and the proposed use thereof is in full compliance with the provisions of this chapter.

(b)

Structures. Application for a certificate of occupancy for a new structure or for an existing structure to be altered shall be made coincident with application for a zoning certificate. After erection or alteration of such structure shall have been completed in compliance with the provisions of this chapter and within three working days after written request is received by the zoning administrator or his designee, the certificate of occupancy shall be issued.

(c)

Application for a certificate of occupancy for the use of vacant land or for a change in the character of the use of land shall be made before any such land is occupied or used, and a certificate of occupancy shall be issued by the zoning administrator within three clear legal days if such proposed use or change in use is in compliance with the provisions of this chapter.

(d)

The use of land or residence, farming, truck gardening and livestock raising and the erection and alteration of structures, that are accessory to such use of the land are exempted from the requirement for a certificate of occupancy.

(e)

Each application for a certificate of occupancy for a new structure or for the alteration of an existing structure shall be accompanied by a drawing or plat, 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 this chapter.

(Ord. No. 1-1992, § 11(51-18), 3-10-1992)

The board of aldermen shall establish a schedule of fees, charges and expenses for applications, for permits and certificates, amendments, appeals and other matters relating to this chapter. Until all applicable fees, charges and expenses have been paid, no action shall be taken on any application or appeal.

(Ord. No. 1-1992, § 3, 3-10-1992)

(a)

Establishment and authority. There is hereby established the position of zoning administrator who is vested with the authority to carry out the duties of administering and enforcing the provisions of this chapter and the power necessary for such administration and enforcement.

(b)

Administration. In carrying out administrative duties the zoning administrator shall:

(1)

Zoning certificates, certificates of occupancy, special plans. Issue all zoning certificates, certificates of occupancy and approval of special plans under this chapter; approve or disapprove such applications as they relate to zoning and make the necessary certifications and issue the necessary certificates and approval of special plans.

(2)

Record of nonconforming uses. Maintain a current register of all nonconforming uses and regulate the registration of such uses.

(3)

Record of actions. Maintain records of all action taken by the office under the provisions of this chapter.

(c)

Enforcement. In carrying out its enforcement duties the zoning administrator shall:

(1)

Conduct investigations and surveys to determine compliance or noncompliance with the provisions of this chapter. Incidental to such surveys and investigations, an authorized representative of the office may enter into and upon any land or structure other than a structure used as a private residence, to be inspected or examined.

(2)

Issue written orders requiring compliance with the provisions of this chapter; such orders shall be served personally or by registered or certified mail upon the person, firm or corporation deemed by the zoning administrator to be violating the provisions of this chapter; provided, however, that if such person is not the owner of the land on or the structure in which the violation is deemed to exist or to have occurred, a copy of the order shall be sent by registered or certified mail to the owner of such land or structure, the owner to be determined from the tax roll for the preceding year in the office of the tax assessor of the parish. The date of mailing shall be deemed the date of service of any order served by registered or certified mail.

(3)

Institute, in courts of proper jurisdiction, proceedings for the enforcement of the provisions of this chapter and administrative orders and determinations made under this article when, in the judgment of the zoning administrator and with the approval of the town administrator, such review is desirable.

(Ord. No. 1-1992, § 11(51-21), 3-10-1992)

Cross reference— Officers and employees, § 2-41 et seq.

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 recognized that casual change or amendment to this chapter would be detrimental to the achievement of that objective, and it is therefore declared to be the public policy to amend this chapter only when one or more of the following conditions prevail:

(1)

There is a manifest error in this chapter.

(2)

Changed or changing conditions in a particular area make a change in this chapter necessary and desirable.

(3)

Increased or increasing needs for business 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)

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

(Ord. No. 1-1992, § 11(51-36), 3-10-1992)

(a)

Initiation of amendments. Amendments to this chapter may be initiated by the board of aldermen on its own motion or by the zoning commission. Amendments may also be initiated by any person by filing a written application therefor with the zoning commission.

(b)

Application requirements. An application for amendment to this chapter shall contain at least the following:

(1)

Applicant and owner name and address. An application for amendment shall contain the name and address of the applicant, and, if the amendment would require a change in the zoning map, the names and addresses of all persons whose ownership interest in the property proposed for rezoning or in any legal entity which owns or controls the property equals or exceeds five percent. Any application shall include the signed concurrence of the owners of the property for which rezoning is being sought by the applicant.

(2)

Property description. If the proposed amendment would require a change in the zoning map, the applicant shall submit a written legal description of the land area involved.

(3)

Reason for amendment. The applicant shall submit a written statement of the nature of and the reason for the amendment in accordance with section 66-41, amendment policy. In addition, if the proposed amendment would require a change in the zoning map, the applicant may submit (optional) a site plan and/or development schedule of the proposal with the application. If a site plan and/or development schedule is submitted, and approved, the amending ordinance shall, unless specifically waived by the zoning commission, include a requirement that development occur substantially in accord with such plan or schedule with any significant change requiring further zoning commission review and approval. If a definite site plan is not submitted or is not approved by the zoning commission with a rezoning application, the amending ordinance shall, unless specifically waived by the zoning commission, include a requirement that a site development plan be submitted to and approved by the zoning commission or its designee prior to development of all or any part of the land area involved. Approval of a site plan may be conditional, subject to any modifications specified by the zoning commission.

(4)

Fee. Deposit with the zoning commission a fee in the amount specified in the current schedule for processing and advertising the application.

(c)

Administrative examination. Upon receipt of an application for an amendment, properly and completely made out, the planning director shall examine the application and make such investigation as is necessary. The planning director shall transmit the application, together with any reports and recommendations, to the zoning commission and provide the zoning commission with such additional information as it may request.

(d)

Notice of hearing; record of proceedings. The zoning commission shall fix a reasonable time for a public hearing and shall give public notice thereof, as required by law, as well as notice to the applicant and to the zoning administrator. If it deems necessary, the zoning commission may also notify the owners of surrounding property by mail and may post a notice of such hearing on the subject property. The zoning commission shall prepare a record of its proceedings for each case showing the grounds of its recommendation. The record of the proceedings shall be filed in the office of the zoning commission and shall be a public record. A certified copy of the record of proceedings shall be transmitted to the board of aldermen.

(e)

Examination of application; action. The board of aldermen shall examine all such applications and reports submitted to it and shall take such further action as it deems necessary and desirable. Before enacting any amendment the board of aldermen shall hold a public hearing thereon and shall give public notice of such hearing, as required by law.

(f)

Conditions; performance bond; plan and time schedule. If an application for an amendment to the zoning map contains representations that a specified area will be developed in accordance with a given plan and time schedule, and if the area is rezoned substantially as proposed in the application, the board of aldermen shall fix conditions, which conditions may include a performance bond in the amendment so as to require performance of the development in accordance with such plan and time schedule. Such conditions, among other things, shall provide that, upon a failure to develop the area within the specified time and in accordance with the conditions fixed, no permit for the construction of any structures within the area shall be issued until the area has been examined and zoned or rezoned for its most appropriate use. Conditions fixed in amendments relating to rezoning shall run with the land in the area involved and shall be binding upon applicants for amendments, their heirs, successors and assigns.

(g)

Reclassification of land. An application for reclassification of land which has been denied will not be reconsidered for at least six months. However, an applicant may at any time submit an application for reclassification when the subsequent request is for a higher classification than the one which was denied; it being understood that the highest classification is for an R-A district and the lowest classification is for an I-2 district.

(Ord. No. 1-1992, § 11(51-37), 3-10-1992)

A board of adjustment is hereby established in accordance with R.S. 33:4727. In addition to all powers granted, the board of adjustments shall authorize, in specific cases where this chapter calls for review and determination by the board, such special exceptions as will permit the construction and use of a building or building group or the use of land in accordance with a definite site plan. Special exceptions shall be subject to such terms and conditions as may be fixed by the board.

(Ord. No. 1-1992, § 11(51-46(a), (f)(3)), 3-10-1992)

Cross reference— Boards, commissions and committees, § 2-61 et seq.

(a)

Any person aggrieved or any officer or department may appeal to the board of adjustment from any order or decision of the zoning administrator.

(b)

Such appeal shall be taken by filing with the zoning administrator with the board of adjustment, within the time provided by the rules of the board, a notice of appeal specifying the particular grounds upon which the appeal is taken. Upon receipt of a notice of appeal, the zoning administrator shall transmit to the board of adjustment all of the original documents and materials, or true copies thereof, constituting the record upon which the order or decision appealed from was based.

(c)

An appeal from the zoning administrator to the board of adjustment shall stay all proceedings unless the zoning administrator certifies that, by reason of the facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. When such certificate is filed, proceedings shall not be stayed except by a restraining order granted, after due notice, to the zoning administrator, by the board of adjustment or a court of proper jurisdiction.

(Ord. No. 1-1992, § 11(51-47), 3-10-1992)

Any person aggrieved by a decision of the zoning commission may, within ten days from the date such decision is rendered, file a written request with the zoning administrator for a review of the decision rendered by the zoning commission and thereupon the board of aldermen shall either affirm, modify or reverse the decision rendered by the zoning commission.

(Ord. No. 1-1992, § 11(51-49), 3-10-1992)