(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 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 (1) or more of the following conditions prevail:

(1)

Error. There is a manifest error in this chapter;

(2)

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

(3)

Increase in need for sites for business or industry. 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)

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.

R-2, R-3, C-1, C-2, C-3, C-4, C-5, MS, I-1, and I-2 Districts. A proposed new I-2 District shall contain at least eight (8) acres of gross area, a proposed new R-3, C-2, C-1, C-5, MS, or I-1 District shall contain at least five (5) acres of gross area, and a proposed new R-2 District shall contain at least two (2) acres of gross area; provided, however, that a proposed new R-2 District as part of a residential area which would abut an existing R-2, C-1, C-2, C-3, C-4, C-5, MS, I-1 or I-2 District and a proposed R-3 District as part of a residential area which would abut an existing C-1, C-2, C-3, C-4, C-5, MS, I-1 or I-2 District shall be exempt from any requirement of minimum size;

b.

C-3 and C-4 Districts. A proposed new C-3 or a C-4 District shall contain at least two (2) acres of gross area; provided, however, that a proposed C-4 District which would abut an existing C-2, C-3, C-4, C-5, I-1 or I-2 District shall be exempt from any requirement of minimum size;

c.

C-6 Districts. There is no requirement of minimum size for new C-6 Districts;

d.

OL and R-1 Districts. There is no requirement of minimum size for new OL or R-1 Districts;

e.

Additions to existing districts. An enlargement of or addition to an existing district by adding thereto property which abuts thereon and which is to be of the same classification (R-1, C-3, I-2, etc.) shall not be considered a new district and shall be exempt from any requirement as to minimum size.

(2)

Need for uses. No amendment creating a business or industry classification of an area shall be adopted unless there is a clear and demonstrated need in the area for those uses permitted in the proposed district and not permitted in a less restrictive district.

(City Code 1965, App. A, art. IX, § A; Ord. No. 6322, 10-11-00)

State Law reference— Purpose of zoning regulations, R.S. 33:4723.

(a)

By whom initiated. Amendments to this chapter may be initiated by the parish council on its own motion or by the zoning commission. Amendments may also be initiated by any person, firm or corporation by filing a written application therefor with the office of zoning administration.

(b)

Amendment application. An application for an amendment to this ordinance shall contain at least the following:

(1)

Interest and ownership. The applicant's name, address and interest in the application and the name, address and interest of every person, firm or corporation represented by the applicant in the application; the concurrence of the owner or owners of the entire land area to be included within the proposed district, the owner or owners of all structures then existing thereon and all encumbrances of such land area and structures; and additionally, sufficient evidence to establish that the applicants are all the owners and encumbrances of the designated land area and structures, intend actually to develop the designated area and have both the means and ability to do so;

(2)

Plat. If the proposed amendment would require a change in the zoning map, a plat showing the land area which would be affected; the present zoning classification of the area; the land area of all abutting districts and the present zoning classification thereof; public rights-of-way and easements bounding and intersecting the designated area and the abutting districts; the locations of all existing and proposed structures, with supporting open facilities; and the specific ground area to be provided and continuously maintained for the proposed structure or structures;

(3)

Reason for amendment. The applicant shall submit a written statement of the nature and reason for the amendment in accordance with section 28-201, 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 definitive 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 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)

Development schedule. The time schedule for the beginning and completion of development planned by the applicant in the area; if the development is planned in stages, the time schedule shall indicate the successive stages and the development plan for each stage;

(5)

Market information. If the proposed amendment would require a change in the zoning map by rezoning an area from an existing residential district to a freestanding commercial district, would require more than double the area of an existing commercial district entirely surrounded by residential districts or would enlarge the area of an existing commercial district by more than eight (8) acres, the applicant shall furnish a written description of the market area to be served by the development, the population thereof, the effective demand for the proposed facilities and any other information describing the relationship of the proposed development to the needs of the applicable area;

(6)

Public need. The changed or changing conditions in the applicable area or in the metropolitan area generally that make the proposed amendment necessary and desirable for the promotion of the public health, safety or general welfare;

(7)

Effect of amendment. A report giving the nature, description and effect of the proposed amendment; if the proposed amendment would require a change in the zoning map, a description of the probable effect on the surrounding land uses and properties;

(8)

Error. The error, if error is alleged, in this chapter that would be corrected by the proposed amendment.

(c)

Administrative examination. Upon receipt of an application for amendment the office of zoning administration shall examine the application and shall make such investigation as is necessary. Within fifteen (15) days of the receipt of an application the office of zoning administration shall transmit the application together with its report and recommendation to the zoning commission.

(d)

Preliminary hearing by zoning commission. The zoning commission shall hold a preliminary hearing on each application within thirty-five (35) days after receipt of such application for amendment to this chapter and shall notify the applicant and the office of zoning administration of the time and place of such preliminary hearing. After holding a preliminary hearing the commission shall certify the application for public hearing and shall notify the applicant of the time and place of such public hearing. Within ten (10) days after such notification the applicant shall provide at least the following:

(1)

Additional information. Furnish the commission with such additional information as it may request;

(2)

Owners of surrounding property. If the proposed amendment would require a change in the zoning map, 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 the fronting corners of the property, the classification of which is sought to be changed, such distance to be measured along the property lines of the streets on which such property is located and along any other streets crossing the same or leading therefrom. In the case of a corner lot, the rear corner on the side street shall be considered a fronting corner;

(3)

Public notice on site. No less than ten (10) days prior to the zoning and land use commission public hearing, the applicant shall post a notice on the land under consideration. The notice shall consist of at least one (1) sign facing each abutting public or private street open for travel, within ten (10) feet of the property line abutting such street, placed on post(s) at least four (4) feet above ground level. In the event the staff planner determines a sign cannot be placed abutting such street and be visible from such street or that there is no abutting public or private street open for travel, the staff planner may require an alternate location for a sign. Additional signs may be required by the staff planner. Each sign shall measure not less than four (4) feet by four (4) feet. Letter size shall be a minimum of two (2) inches high. The notice shall read:

"NOTICE OF PUBLIC HEARING BEFORE
THE ZONING AND LAND USE COMMISSION

This land shall be considered for a change in zoning from (zone district) to (zone district). The public hearing is (date), at (time), in the 2nd Floor Council Hearing Room, 8026 Main Street, Houma, LA. For more information call HTRPC at 985-873-6793

File No.: _______"

No less than ten (10) days prior to the zoning and land use commission public hearing, the applicant shall submit a dated photograph to the HTRPC clerk as evidence that the notice has been posted as required.

(e)

Public hearing by zoning commission. The zoning commission shall fix a reasonable time for a public hearing, which hearing shall be held not more than thirty-five (35) days after the preliminary hearing, and shall give public notice thereof, as required by law, as well as notice to the applicant and to the office of zoning administration; if it deems necessary, the commission may also notify the owners of surrounding property by mail, as the names and addresses of such owners have been furnished by the applicant, and may post a notice of such hearing on the property included within the proposed district. The 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 commission and shall be a public record; three (3) certified copies of the record of proceedings shall be transmitted to the parish council.

(f)

Legislative disposition. The parish council 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 council shall hold a public hearing thereon and shall give public notice thereof, as required by law.

(1)

Conditions. If an application for an amendment to the zoning map contains representations that a specified area will be developed in accordance with the given plan and time schedule and if the area is rezoned substantially as proposed in the application, the parish council 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.

(2)

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

(City Code 1965, App. A, art. IX, § B; Ord. No. 6296, § I, 9-13-00; Ord. No. 8249, § I(Att. A), 12-19-12)

State Law reference— Amendment of zoning regulations, R.S. 33:4725.