(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 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.

B-1, B-2, and I-1 districts. A proposed new B-1, B-2, or I-1 district shall contain at least two acres of gross area; except that a B-1 district which abuts a B-2 or B-3 district shall have no minimum size requirement.

b.

No new B-3 districts are anticipated, though the existing B-3 district may be expanded.

c.

O-L, R-1 and R-2 districts. There is no requirement of minimum size for new O-L or R-1 districts.

d.

R-1H districts. New R-1H districts may be created according to the provisions of section 130-4 and section 140-82.

(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 any requirement as to minimum size; however, this subsection shall not apply to expansions of existing R-1H districts.

(Ord. No. 533, § 2(40), 4-13-1999)

(a)

By whom initiated. Amendment to this chapter may be requested by the town, by the 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 other than the town or the planning commission 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 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 has 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 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 days before the public hearing date the applicant shall:

(1)

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

(2)

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

(e)

Public hearing by planning commission. The planning commission shall fix a reasonable time for a public hearing and shall give public notice thereof according to law specifically according to R.S. 33:4726, as well as notice to the applicant and to the zoning administrator. The commission may also notify the owners of surrounding property by mail. The commission shall prepare a record of its proceedings for each case to be filed in the office of the commission which is to remain a public record. A copy of the record or proceedings shall be transmitted to the mayor and board of aldermen containing their decisions and recommendations.

(f)

Legislative disposition. The mayor and board of aldermen shall examine all applications and shall take further action. Before enacting any amendment, the board of aldermen shall hold a public hearing and shall give public notice, as required by law, specifically R.S. 33:4724.

(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 board of aldermen and mayor shall be considered again by the planning commission for the same classification until at least six months from the date such application was acted upon.

(Ord. No. 533, § 2(41), 4-13-1999)

(a)

Interpretation. In interpreting and applying the provisions of this chapter, they 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, ordinance 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 article 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 article thereto other than the section or article thereof so declared to be unconstitutional or invalid.

(c)

Effective date. This chapter shall become effective after its adoption and publication according to law.

(d)

Repealer. All ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this chapter are hereby repealed.

(Ord. No. 533, § 2(42), 4-13-1999)

(Ord. No. 533, § 2(43), 4-13-1999)