The purpose of this Article is to outline the specific powers of the various City of Kenner boards, commissions, and officials as they relate to the administration and implementation of this Ordinance.

The provisions of this ordinance shall be administered by the Director of the Planning and Zoning Department, or the Director's designee.

(a)

City Council: Pursuant to the City of Kenner Home Rule Charter, the Kenner City Council has the following powers:

(1)

To make final decisions by ordinance on zoning regulations and the official zoning map.

(2)

To make final decisions by ordinance on amendments to the zoning text or map.

(3)

To make final decisions by ordinance on conditional use applications.

(4)

To make final decisions by ordinance on planned development applications.

(5)

To accept dedication of improvements.

(b)

Planning and Zoning Commission: The Planning and Zoning Commission shall have the following powers and rights, and shall perform all the duties and be charged with all of the responsibilities pursuant to Louisiana Revised Statutes Title 33 Sections 101 - 119, and local Ordinance No. 7525.

(1)

To make and adopt a master plan for the City of Kenner.

(2)

To make recommendations on the adoption by ordinance of the zoning regulations and zoning map.

(3)

To make recommendations on the adoption of amendments to the zoning text or map.

(4)

To make recommendations on the adoption by ordinance on conditional use applications.

(5)

To make recommendations on the adoption by ordinance on planned unit development applications.

(6)

To make recommendations on the adoption by ordinance on site plan review applications when required as a condition of development approval.

(7)

To make recommendations on the adoption by ordinance on subdivision and resubdivision requests that require approval by Kenner City Council.

(8)

The process for these actions by the Commission is in accordance with Article VI of this Ordinance.

(9)

Terms of Office: The planning commission shall consist of seven (7) members, all of whom must be residents of the City of Kenner. Members shall be appointed by the City Council, unless stated otherwise, of the municipality and in accordance with the provisions of Title 33, Section 103 of the Louisiana Revised Statutes, for a term of four (4) years, from and after the expiration of the term of their predecessors in office, one appointment to be made each year.

(10)

All members of the planning commission shall serve without compensation.

(11)

The City municipal planning commission is hereby designated as the City zoning commission, in accordance with the provisions of Title 33, Section 106, and Section 4726, Louisiana Revised Statutes of 1950.

(12)

The zoning commission shall have and hold all of the powers, and rights and shall perform all of the duties and be charged with all the responsibilities provided for in Title 33, Sections 4721 to 4729, inclusive, Louisiana Revised Statutes.

(c)

Board of Zoning Adjustments: The Board of Zoning Adjustments was created and established in accordance with the Section 4.28 of the City of Kenner Charter and with Louisiana Revised Statues, Chapter 33, Section 4727. The word "board" when used in this Article shall be construed to mean the board of zoning adjustments.

(1)

Powers of the Board of Zoning Adjustments: The Board of Zoning Adjustments shall have the following powers, and it shall be its duty:

a.

To hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision, or determination made by the Director of inspection and code enforcement in the enforcement of City of Kenner ordinances adopted pursuant to R.S. 33.4721 through R.S. 33.4729.

b.

In hearing and deciding appeals, the board shall have the power to grant an exception in the following instances:

i.

Where the boundary line of a district divides a lot held in single ownership at the time of the passage of this ordinance, permit the extension of the district to include the entire lot.

ii.

Interpret the provision of ordinance adopted pursuant to R.S. 33.4721 through R.S. 33.4729 in such a way as to carry out the intent and purpose of the plan, as shown on the map fixing the several districts, accompanying and made a part of said ordinances, where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(2)

Terms of Office: The Board of Zoning Adjustments shall consist of five (5) members and shall include two (2) alternate members, all of whom shall be freeholders and qualified voters. The membership of the first board shall serve respectively, one (1) for one year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Of the two (2) alternate members first appointed, one alternate member shall be appointed for a term of three (3) years and the other for a term of two (2) years. Thereafter, each alternate member shall be appointed for a term of three (3) years. Alternate members shall serve only when called upon to form a quorum, and when so serving, shall have all the powers and duties of regular members. All members shall be appointed and removed by the Mayor with the approval of a majority of the entire authorized membership of the Council. 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 for one year.

(3)

Appeals to the Board of Zoning Adjustments:

a.

Appeals to the board of zoning adjustments may be taken by any party aggrieved, or by any official officer, department, commission, board, bureau, or any other agency of the City of Kenner affected by any decision of the Director of Inspections and Code Enforcement. Such appeals shall be taken within thirty (30) days, as provided by the rules of the board, by filing with the Director of planning and with the board, a notice of appeal specifying the grounds thereof.

b.

The Director of Planning or the Director of Code Enforcement shall produce all papers, correspondence, and records requested by the Board of Zoning Adjustments for any hearing or meeting held by the board.

c.

An appeal stays all proceedings and furtherance of the action appealed from, unless the Director of Inspections and Code Enforcement certifies to the Board of Zoning Adjustments, after the notice of appeal shall have been filed with him, by reason of facts stated in the certificate, that a stay would, in his opinion, cause imminent peril of life or property. In such cases, proceedings shall not be stayed unless by a restraining order which may be granted by the board or by the civil district court of Jefferson Parish on application to the board or civil district court of Jefferson Parish, and notice to the Director of planning and on due cause shown.

d.

The Board of Zoning 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 an attorney. If the board denies said appeal, re-appeal or rehearing of substantially the same matter shall not be heard by the board within one (1) calendar year, commencing from the date of said denial. Re-appeals or re-hearings properly granted shall be subject to all rules of procedure relative to appeals as set forth in this ordinance.

e.

A variance from the terms of this ordinance shall not be granted by the Board of Zoning Adjustment unless and until a written application for a variance is submitted demonstrating the following nine criteria are met:

i.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved due to an irregular shape of the lot, topographical or other physical conditions, and are not generally applicable to other lands, structures or buildings in the same zoning district.

ii.

Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.

iii.

The special conditions and circumstances do not result from the actions of the applicant.

iv.

Granting the variance requested will not confer on the applicant any special privilege, which is denied by this Ordinance to other lands, structures, or buildings in the same district or similarly situated.

v.

The variance, if granted, will not alter the essential character of the locality.

vi.

Strict adherence to the regulation by the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience.

vii.

The request for the variance is not based primarily upon a desire to serve the convenience or profit of the property owner or other interested party(ies).

viii.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

ix.

The proposed variance will not impair an adequate supply of light and air to adjacent property, increase substantially the congestion in the public street, increase the danger of fire, or endanger the public safety.

f.

The Board of Zoning Adjustments shall not grant a use variance, as that could constitute a spot zone.

g.

The board shall not have the authority to grant a variance in the Rivertown Historic District. Variance requests in this district must be acted on by the Historic District Design Commission.

h.

In consideration of all appeals and all proposed exceptions or variances under the terms of this ordinance, the board shall, before making any exception or variance from the ordinance in a specific case, first determine that it will not impair an adequate supply of air or light to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire, or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals, comfort or welfare of the inhabitants of the City of Kenner. Any variance granted shall expire six (6) months from date of approval unless construction has commenced.

(4)

Action by Board of Zoning Adjustments:

a.

In exercising the above-mentioned powers, the board may 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 the powers of the office of the Department of Inspections and Code Enforcement. In granting a variance, the board may attach thereto such conditions, as it may deem advisable in furtherance of the purpose of this ordinance.

b.

The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision, or determination of the Director of inspections and code enforcement, or to decide in favor of the applicant on any matter upon which it is required to pass under ordinance, or to effect any variance of such ordinance.

(5)

Appeals to the decisions of the Board of Zoning Adjustments: Any person or persons, or any officer, department, board, bureau, or any other agency of the City of Kenner jointly or severally aggrieved by any decision of the Board of Zoning Adjustments, may present to the civil district court of the Parish of Jefferson, within thirty (30) days after filing of the decision in the office of the board, a writ of certiorari asking for such relief and under such rules and regulations as are provided for such matters in the appropriate legislation of the State of Louisiana.

(6)

Rules of procedure:

a.

The board shall adopt rules of procedure not in conflict with any general state act, the City charter, or City ordinance.

b.

Meetings of the board shall be held at the call of the chairperson, and at such other times as the board may determine.

c.

The chairperson, or, in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.

d.

All meetings of the board shall be open to the public.

e.

The board shall keep minutes of its proceedings, 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 and shall be public records. All testimony, objections, and rulings shall be taken down by a recorder employed by the board for this purpose.

(7)

Appointment of Secretary:

a.

The board shall have the power and authority to appoint a secretary who shall not necessarily be a member of the board, in which event any payment or salary made to such secretary shall be approved by the Mayor after recommendation by the board. It shall be the duty of the secretary to keep a true and correct record of all proceedings at both general and special meetings of said board, in a book or books to be kept especially for that purpose.

b.

Certified copies of the minutes of all such proceedings shall be furnished to the Director of Planning and the chairperson of the Planning and Zoning Commission.

(d)

Historic District Design Commission:

(1)

Purpose: The purpose of the Historic District Design Commission is the preservation of all such buildings in the Rivertown Historic District that are considered to have architectural and historical value and which should be preserved for the benefit of the people of the City and state, and to review and judge plans for new and/or renovated structures proposed within the district. The commission should foster a type of architecture and construction within the district that is compatible with that architecture identified during the time of the City's early growth.

(2)

Recommendation and appointment of members: The commission shall consist of five (5) voting members, four (4) citizens of the City of Kenner, and one (1) qualified architect. Each commission member shall be appointed by the Mayor with a majority vote of approval by the City Council. The "qualified architect" must recuse him or herself from voting should a project of their own design come before the Commission.

(3)

Term vacancies: Each of the members of the commission shall be appointed for a term of four (4) years. Whenever the term of a member of the commission expires, the Mayor shall appoint his successor. The members may serve consecutive terms.

(4)

Employees and committees: The commission may select such employees as may be necessary to carry out the purposes for which it is created with approval of the Council. The City attorney shall be ex-officio attorney for the commission. The commission may designate and appoint, from among its members, various committees with such powers and duties as the commission may have and prescribe.

(5)

Rules and regulations; meetings; reports and recommendations: The commission shall make such rules and regulations, as it may deem advisable and necessary for the conduct of its affairs, not inconsistent with the laws of the City and state. The commission may meet at least quarterly, but meetings may be held at any time by the commission on the written request of any of the three (3) members or on the call of the chairperson of the commission or the Mayor.

(6)

Submission of plans for interior and exterior changes to commission: Before the commencement of any work in the erection of any new building or in the alteration or addition to, or painting or repainting or demolishing of any existing building, any portion of which is to front on any public street or alley in the Rivertown Historic District, application by the owner for a permit therefore shall be made to the commission, accompanied by the full plans and specifications thereof so far as they relate to the proposed appearance, color, texture or materials and architectural design of the exterior, including the front, sides, rear and roof of such buildings, alteration or addition or of any outbuilding, party wall, courtyard, fence or other dependency thereof, and interior floor plan alterations in relation to any proposed exterior renovations.

(7)

Commission recommendation and action thereon: The Historic District Design Commission shall, upon due consideration, report thereon promptly its recommendations, including such changes, if any, as in its judgment are reasonably necessary to comply with the requirements of this Article, by sending them, in writing, to the Director of the Department of Inspections and Code Enforcement with the application and documents referred to in this Article and, if they are found by the Director of the Department of Inspections and Code Enforcement to comply reasonably with requirements of this Article and if such application and intended work shall conform also to all other regulations, ordinances and laws of the City, the Director of the Department of Inspections and Code Enforcement shall issue promptly a permit for such work and indicate on such permit the extent and nature of the work to be performed thereunder.

(8)

When Director of the Department of Inspections and Code Enforcement is to submit question to Council; action of Council: If the applicant for a permit shall refuse to accede to reasonable changes recommended by the commission, if the commission shall disapprove any application or if the Director of the Department of Inspections and Code Enforcement finds that the recommendations of the commission do not comply reasonably with the requirements of this Article, the Director of Inspections and Code Enforcement, or in his/her absence his/her designated assistant, shall, within not later than fifteen (15) days, forward such matters and his written comments to the City Council for such action as in its judgment, after notice and affording an opportunity to the applicant and to the commission and other protesting parties to be heard, shall effect reasonable compliance with such recommendations and this Article.

(e)

Director of the Department of Planning. The Director of the Planning and Zoning Department, or the Director's designee, has the following powers, pursuant to this ordinance:

(1)

To make final decisions on the interpretation of the provisions of this, the Unified Development Code.

(2)

To make final decisions on requests for zoning interpretations.

(3)

To make final decisions on requests for interpretations of conformance with the City of Kenner's Comprehensive Plan.

(4)

To make final decisions on minor map adjustments to the future land use map of the City of Kenner's Comprehensive Plan.

(5)

To make final decisions on administrative exceptions.

(6)

To make final decisions on minor amendments to previous Council approved site plans.

(7)

To make final decisions on minor subdivision applications.

The provisions of this ordinance shall be enforced by the Director of the Department of Inspections and Code Enforcement, or Director's designee, who shall have the power and authority to make inspection of buildings or premises and to issue citations for violations necessary to carry out Director's duties in the enforcement of this ordinance. The Director of the Department of Inspections and Code Enforcement may request assistance from the Chief of Police when necessary for the enforcement of the provisions of this ordinance.

(a)

Permit Required: It shall be unlawful to commence development site improvements, the excavation for the structure of any building, including accessory buildings, or to commence the moving or alteration of any building including accessory buildings, until the Director of Inspections and Code Enforcement has issued a permit for such work.

(1)

In applying to the Director of Inspections and Code Enforcement for a building permit, the applicant shall submit a set of construction or architectural plans drawn to scale. Such sketch shall indicate the shape, size, height, and location of all buildings to be erected, altered, or moved and of any building already on the lot.

(2)

Applicant shall state the existing and intended use of all such buildings and supply other information required by the Director of Inspections and Code Enforcement for determining whether the provisions of this ordinance are being observed.

(3)

If the proposed construction as set forth in the application is in conformity with the provisions of this ordinance and other ordinances of the City of Kenner then in force, the Director of Inspections and Code Enforcement shall issue a building permit for such construction.

(4)

If a building permit is refused, the Director of Inspections and Code Enforcement shall state such refusal in writing with the cause.

(5)

The issuance of a permit shall in no case be construed as waiving any provision of this ordinance.

(6)

If the work described in any building permit has not begun within ninety (90) days from the date of issuance, said permit shall expire automatically.

(7)

A building permit shall become void six (6) months from the date of issuance unless substantial progress has been made by that date on the project described therein, as determined by the Director of Inspections and Code Enforcement.

(b)

Violations: In case the structure is erected, or structurally altered or maintained, or any structure or land is used in violation of this ordinance, the Director of Inspections and Code Enforcement may take any appropriate action or proceedings necessary to prevent such unlawful construction or alteration or use of or other violations, to restrain, to enjoin, to correct or to prevent any illegal act, conduct, business, or use in or about such premises.

(c)

Certificate of Occupancy:

(1)

No land or building or part thereof, hereafter erected or altered in its use or structure, shall be used until the Director of Inspections and Code Enforcement issues a certificate of occupancy stating that such land, building, or part thereof, and the proposed use thereof are found to be in conformity with the provisions of this ordinance.

(2)

A temporary certificate of occupancy may be issued for a period not exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending completion. Within three (3) days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Director of Inspections and Code Enforcement to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part thereof and the proposed use thereof are found to conform with the provisions of this ordinance; or if such certificate is refused, to state refusal in writing with the cause.

(d)

Records, Refusal and Cancellations:

(1)

A record of all certificates of occupancy, building permits, applications, sketches, and plans shall be maintained in the office of the Director of Inspections and Code Enforcement.

(2)

The Director of Inspections and Code Enforcement may refuse to issue any certificate of occupancy until all fees required by the City of Kenner have been paid. He/she may further cancel any and all certificates of occupancy applied for or issued to any delinquent party and may prevent any further construction, repairs, alterations, additions, maintenance, or occupancy of buildings, structures or land anywhere within the City of Kenner by such party until all delinquent fees and charges are paid in full.

(e)

Penalty: In addition to the civil remedies provided for in Section 4.04(b), any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined an amount not to exceed two hundred dollars ($200.00) or be imprisoned for not more than thirty (30) days, or both for each offense. Each day such violation continues shall constitute a separate offense.