(a)

There is hereby created a department in the town to be designated as the zoning department.

(b)

The head of said department of zoning shall be the zoning administrator who shall be appointed by the mayor and approved by the board in accordance with law and who will serve at the pleasure of the mayor and the board.

(c)

The zoning administrator so appointed by the mayor and approved by the board shall have had at least five years' experience in a responsible administrative field.

(d)

The zoning department shall be under the supervision and administration of the zoning administrator, whose duty and responsibility it shall be to coordinate and administer the affairs of the zoning department, the planning commission, and the board of adjustments and to maintain all official records necessary to the administration of the zoning ordinance and its related bodies.

(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 zoning commission, any of which may be subject to the zoning code, shall be issued by any department, agency, or board of this town until he has certified that the use to be made of the permit, license, or other document is in full compliance with the provisions of this chapter.

(Ord. No. 533, § 2(pt. VII, 2), 4-13-1999)

(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 the ordinance from which this chapter is derived. 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 the ordinance from which this chapter is derived, or, if a building permit shall have been issued within ninety days of the date of such permit, and which entire structure shall be completed within six months after the effective date of the ordinance from which this chapter is derived.

(d)

Violations. Any person, firm, or corporation violating any provision of this chapter shall be fined upon conviction not less than $10.00 and not more than $25.00 or imprisoned for not more than 30 days, or both, 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)

Certificate of occupancy.

a.

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

b.

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 town for failure or refusal to acquire said certificate.

(2)

Acknowledgement of vacancy required.

a.

Should any building upon which a certificate of occupancy has been issued become vacated for a period of 30 days or more, it shall be considered as though there has been a change in occupancy and in the nature and use of the building, unless the owner, lessee or other lawful occupant applies for an acknowledgement of vacancy, which shall entitle the building to continue receiving electrical, gas, and other utility service during such period of vacancy.

b.

An acknowledgement of vacancy:

1.

Shall not allow the storage of any item other than those properly existing on the premises during the occupancy prior to the vacancy;

2.

Shall not allow any restoration or renovation of the building without all other requirements of this Code and issuance of all necessary permits and licenses otherwise required; and

3.

Shall require continued maintenance of all fire protection equipment and standards at that level required prior to the vacancy.

Upon their request, the state fire marshal and/or the building inspector shall be granted access to the building by the owner, lessee, or other lawful occupant in order to verify these requirements.

c.

An acknowledgement of vacancy shall be in amounts as established by the mayor and board of aldermen from time to time and shall be valid for so long as the building remains vacated.

d.

In addition to any other penalty provided for any other violation of town ordinances, any material violation of this subsection shall entitle the state fire marshal and/or the building inspector to immediately withdraw the acknowledgement of vacancy and to require the utility service to the building be terminated.

(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, leasee or tenant shall fail or neglect to comply with the provisions of this chapter, the town 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 town undertakes abatement action, the property owner shall be notified of the town's intent to abate the violation and shall be given no less than ten days to voluntarily abate the violation. The town 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 town.

b.

Notice of the town'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 town may extend the time limit for compliance or voluntary abatement through the execution of an abatement contract, signed and duly executed, specifying 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 town shall be assessed to the person responsible; and, if said person refuses to reimburse the town's costs within 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 town shall have the right for ten days from the date of receipt of such notice to request in writing an administrative review according to section 140-156(1).

(g)

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

(Ord. No. 533, § 2(32), 4-13-1999)

(a)

The board of adjustments shall consist of five members, and may include two alternate members, all of whom shall be land owners and qualified voters. The membership of the first board shall serve respectively, one for one year, one for two years, one for three years, one for four years and one for five years. Thereafter, members shall be appointed for terms of five years each.

(b)

Of the two alternate members first appointed, one alternate member shall be appointed for a term of three years and the other for a term of two years. Thereafter, each alternate member shall be appointed for a term of three years. Alternate members shall serve only when called upon to form a quorum and when so serving shall have all of the powers and duties of regular members.

(c)

All members and alternate members of the board of adjustments shall be appointed by the mayor and board of aldermen. All members shall be removable for cause by the mayor and board of aldermen upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairperson, who shall serve in that capacity for one year.

(Ord. No. 533, § 2(33), 4-13-1999)

(a)

Rules adopted. The board of adjustments shall adopt rules in accordance with the provisions of any ordinance of the town adopted pursuant to R.S. 33:4721 through 33:4729; however, any rules adopted by a board of adjustments shall not be effective until approved in writing by the mayor and board of aldermen.

(b)

Hearings. Hearings and meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or, in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

(Ord. No. 533, § 2(34), 4-13-1999)

The board shall have and exercise the following powers:

(1)

Administrative review. To hear and decide appeal where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of R.S. 33:4721 through 33:4729 or of any ordinance adopted pursuant thereto. In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the regulations, to vary or modify the application of any of the regulations or provisions of the regulations relating to the use, construction, or alteration of buildings or structures or the use of land 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 board may, in conformity with R.S. 33:4721 through 33:4729, 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 officer from whom the appeal is taken.

(2)

Interpretation. To interpret the zoning map and to pass upon disputed questions as they arise in the administration of the zoning regulations.

(3)

Special exceptions. To hear and decide, in accordance with the provisions of this chapter, requests for special exceptions, subject to such terms and conditions as may be fixed by the board. No exception shall be authorized unless the board shall find that all of the following conditions exists:

a.

That the exception will not authorize the operation of a use other than those uses specifically enumerate for the district in which is located the property for which the exception is sought;

b.

That the exception is essential to maintain the functional design and architectural integrity of the development; and will be in harmony with the spirit and purposes of this chapter;

c.

That the exception will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district; and

d.

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

(4)

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, to 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 purpose of the zoning ordinance. Variances shall be subject to such terms and conditions as may be fixed by the board of adjustments. No variance shall be authorized unless the board shall find that all of the following conditions exists:

a.

That 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;

b.

That 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;

c.

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

d.

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

e.

That 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;

f.

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

(5)

Appeals. Appeals to the board of adjustments may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the zoning administrator or of his office.

a.

Appeals shall be taken within a reasonable time, as provided by the rules of the board of adjustments, by tiling with the officer from whom the appeal is taken and with the board of adjustments a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

b.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustments 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 the board of adjustments or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

c.

The board of adjustments 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.

(Ord. No. 533, § 2(35), 4-13-1999)

The board of adjustments shall keep minutes of its hearing 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 in the office of the board of adjustments and shall be public records. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the town for the purpose.

(Ord. No. 533, § 2(36), 4-13-1999)

The concurring vote of a majority of the members of the board 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. Nothing herein contained shall be construed to empower the board to change the terms of this chapter, to effect changes in the zoning map, or to add to the specific uses permitted in any district.

(Ord. No. 533, § 2(37), 4-13-1999)

Any person aggrieved or any officer or department may have a decision of the board reviewed in the manner provided by R.S. 33:4727.

(Ord. No. 533, § 2(38), 4-13-1999)

The application and inspection fees to be charged upon application to the board of adjustments and/or the planning commission for their approval of an applicant's request shall be in amounts as established by the mayor and board of aldermen from time to time.

(Ord. No. 533, § 2(39), 4-13-1999)