(a)

This article applies to any application for zoning or subdivision approval by LCG.

(b)

This article establishes procedures for land development decisions made under this chapter. These include:

(1)

Legislative decisions, including rezoning and changes to this LDC and the Comprehensive Plan. These involve a new policy or rule, or a change in land development policy.

(2)

Quasi-judicial decisions, including conditional use permits and variances. These proceedings require a weighing of the evidence, a balancing of the equities, an application of rules, regulations and ordinances to facts, and a resolution of specific issues. These also involve a public hearing and the exercise of discretion by the decision-making agency.

(3)

Administrative decisions, such as building permits and certificates of occupancy. These apply the LDC or conditions of a quasi-judicial decision to a specific project that is either clearly defined in the LDC, or that has already obtained all necessary legislative and quasi-judicial approvals. Because these involve the application of non-discretionary rules to specific projects, these decisions are made by LCG staff without a public hearing.

(c)

This chapter sets up rules for procedures, such as pre-application, neighborhood notification, notices and public hearings. It then describes the process for specific land use decisions. The procedures all have a common workflow and description, as follows:

Table 89-47-1 Procedure Workflows

(d)

The processes established in this Code are summarized below.

Table 89-47-2 Process Summary

Key: I = intake, review and referral  R = Recommendation  D = Decision   A = Appeal

PHL = public hearing (legislative)   PHA = public hearing (administrative)

⇔ = the decision is tied to another process. The agency has a role only where noted in the procedures related to a specific process.

√ = required   ■ = specific notice depends on the situation - refer to the section reference

^* Administrator acts on behalf of the appropriate Planning and Zoning Commission.

(Ord. No. JO-021-2022, § 3(Exh. C), 3-22-22; Ord. No. JO-057-2023, § 4, 9-19-23)

Note: this table is a general summary. Refer to the referenced sections for the specific procedure. If there is any conflict between the text section referenced here and Table 4-2, the text section controls.

(a)

What are the general requirements?

(1)

Applications filed under this chapter must include the information required by article 10 (Submittal Requirements). All applications shall be made on forms prepared by the LCG and available in DPD.

(2)

The appropriate council(s) may establish fees for all applications required in this chapter by resolution. Any fees in effect at time of adoption or amendment of this chapter remain in effect, unless and until they are revised by the appropriate council(s).

(b)

How are applications reviewed for completeness?

(1)

The LCG will not process incomplete applications.

(2)

An application is not complete until all required items are submitted (see article 10).

(3)

When applications are filed, the administrator will review them for completeness. A time period required by this chapter to process an application does not commence until the administrator determines that the application is properly submitted and the applicant has corrected any deficiencies in the application. Review for completeness of application forms is solely to determine whether preliminary information required for submission with the application is sufficient to allow further processing. It does not constitute a decision as to whether an application complies with this chapter.

(4)

The administrator will determine whether the application is complete and will transmit the determination to the applicant. If the administrator determines that the application is not complete, the administrator will specify those parts of the application that are incomplete and will indicate how they can be made complete, including a list and description of the information needed to complete the application. The administrator and the decision making agency are not obligated to further review the application until the required information is corrected.

(5)

The administrator or the approving authority may provide submission deadlines for materials required in support of any application provided for in article 10. Compliance with those deadlines is required to have the application placed on an agenda to be heard by the approving authority.

(a)

State law establishes various requirements for public notice. Unless otherwise provided, the notice established in this article is as follows

Table 89-49.2-1 Type and Description of Notice

(b)

Notice shall include the following information, unless the process includes a different requirement.

(1)

Time, date, and place of the public hearing or meeting;

(2)

The type of land use or development decision that is being considered;

(3)

A telephone point of contact within the DPD; and

(4)

LCG shall provide all notice required in this section and throughout this chapter. However, the failure of the LCG to provide any notice not otherwise required under State law shall not affect the validity of any action undertaken pursuant to this chapter, and no person shall have the right to challenge such action for lack of notice where LCG has complied with the applicable State law governing notice.

(Ord. No. JO-024-2021, § 5(Exh. E), 7-20-21)

(a)

A public hearing gives interested parties an opportunity to be heard. The specific processes for providing testimony and conducting the hearing are established by the agency that conducts the hearing.

(b)

Where a public hearing is required for legislative action, the hearing may be called —

(1)

By the appropriate planning and zoning commission upon its own initiative, or

(2)

At the direction of the appropriate council(s).

(a)

When does this process apply?

Louisiana provides for the development of a master plan for the physical development of the Parish and City (LRSA 33:106) and that zoning regulations are to be made in accordance with a comprehensive plan (LRSA §§ 33:4723, 33:4780.43). This section applies to any amendment to the Comprehensive Plan.

(b)

How does the process begin?

(1)

In accordance with comprehensive plan, the appropriate planning and zoning commission and the DPD will monitor the implementation progress. DPD staff shall submit an annual report indicating actions taken and progress made toward plan implementation during the previous year, together with work planned for the upcoming year.

(2)

In conjunction with the annual report, the appropriate planning and zoning commission may, in its sole discretion, propose amendments to the comprehensive plan.

(3)

Upon the occurrence of the fifth anniversary of the adoption of the comprehensive plan, and every fifth year thereafter, the appropriate planning and zoning commission shall conduct a review of the comprehensive plan. In conjunction with this mandatory five-year review, DPD staff shall submit a Five-Year Evaluation Report (the "Report") to the appropriate planning and zoning commission, which Report shall summarize the major accomplishments of the preceding five year period, the results of the performance metrics, and recommendations for amendments to the comprehensive plan. Upon receipt of the report, the appropriate planning and zoning commission shall consider all proposed amendments to the comprehensive plan and may propose such amendments as it deems appropriate.

(c)

What kind of public notice is required?

(1)

The following notice is required for a plan amendment hearing (Reference: LRSA 33:108):

(d)

How are decisions made?

(1)

The appropriate planning and zoning commission shall conduct an initial public hearing, at which time LCG staff may present its annual evaluation and/or five-year report. At this time, the appropriate planning and zoning commission shall also receive recommendations for amendments to the comprehensive plan from DPD Staff, and may recommend amendments of its own.

(2)

Following the initial hearing, all recommended amendments shall be made available for public review and comment at least 30 days in advance of the hearing to vote on final adoption of said amendments.

(3)

Upon expiration of the required 30 day public comment period, and after providing public notice in accordance with section 89-51(c), the appropriate planning and zoning commission shall hold a second public hearing to take final action on the proposed amendments. At the final adoption hearing, the appropriate planning and zoning commission may —

a.

Adopt the plan amendment resolution, either as submitted or amended. The resolution shall refer expressly to the maps and descriptive and other matter intended by a commission to form the whole or part of a plan, or

b.

Deny the plan amendment and terminate the amendment process.

(Reference: LRSA 33:108)

(e)

What are the standards for approval?

A plan amendment is a legislative decision that is committed to the appropriate planning and zoning commission's discretion. The appropriate planning and zoning commission will consider whether the plan amendment is reasonable, including —

(1)

Whether the plan amendment is internally consistent with other parts of the plan, and

(2)

Whether the plan amendment is consistent with sound planning principles, and

(3)

Any other factors those agencies deem appropriate.

(f)

How is a decision appealed?

Not applicable.

(a)

When does this process apply?

This section applies to any proposal to amend, supplement, or change the regulations or standards established in this chapter.

(b)

How do I start the process?

A text amendment may be initiated by:

(1)

The appropriate council(s), by resolution, or

(2)

Recommendation of the LCG administration, or

(3)

The appropriate planning or zoning commission through the introduction or adoption of a motion, or

(4)

Petition or request by the general public or property owners.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

The following notice is required for a text amendment hearing:

(e)

How are decisions made?

(1)

The appropriate planning and zoning commission may hold a public hearing on the proposed amendment after the required notice is provided.

(2)

The appropriate planning and zoning commission shall submit a report with its recommendations relative to the amendment and its reasons for making the recommendation. The report shall be filed with the appropriate council(s) within 45 days after the date of the public hearing held to consider the amendment.

(3)

If the appropriate planning and zoning commission fails to submit a timely report and recommendation, the appropriate council(s) may take action on the amendment without the report and recommendation. Otherwise, the appropriate council(s) shall not take action to amend this chapter, and no amendment to this chapter is effective, until the appropriate council(s) receives the appropriate planning and zoning commission's final report and recommendation.

(4)

After receiving the appropriate planning and zoning commission's recommendation (or after the time period for a report and recommendation expires), the appropriate council(s) will adopt, adopt with revisions, or deny the amendment.

(f)

What are the standards for approval?

An amendment is a legislative decision that is rendered by the appropriate planning and zoning commission or appropriate council's(s') discretion. The agencies will consider whether the amendment is reasonable, including —

(1)

Whether amendment is consistent with the comprehensive plan, and

(2)

Whether the amendment is internally consistent with other parts of this chapter, and

(3)

Whether the amendment is consistent with sound planning principles, and

(4)

Any other factors those agencies deem appropriate.

(g)

After a decision is made, is there a limit on subsequent applications?

There is no limit on subsequent applications.

(h)

How is a decision appealed?

Appeal of any council action shall be made to the 15th Judicial District Court for the Parish of Lafayette within 30 days of the date of the council action.

(i)

What are my next steps?

(1)

An amendment is effective 15 days after the date when it is adopted.

(2)

A text amendment does not authorize development. Any development that occurs after the amendment is adopted is subject to all applicable requirements of this chapter.

(j)

How are records of the decision kept?

See LCG Charter, section 2-16.

(a)

When does this process apply?

This section applies to any amendment to the zoning map, referred to as a "rezoning."

(b)

How do I start the process?

(1)

A rezoning may be initiated by:

a.

The appropriate council, by passage of an ordinance or resolution, or

b.

Recommendation of the LCG administration, or

c.

The appropriate planning and zoning commission, by adopting a motion, or

d.

Petition by the owner of the affected property filed with the DPD.

(2)

A property owner-initiated rezoning petition shall be duly signed and acknowledged by the owner, or authorized agents of over 50 percent of the land area of land for which a rezoning is requested. However, that where any lot located in the proposed rezoning area is owned in indivision, all co-owners must sign the petition for that lot to be included in the 50 percent area provision.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

The following notice is required for a rezoning hearing (References: LRSA 33:4724 [zoning amendments]):

(e)

How are decisions made?

(1)

Meeting schedule. The appropriate planning and zoning commission will publish a schedule of meeting dates for rezoning petitions. Action will be taken on petitions that are filed at least 40 days prior to the date of a scheduled hearing.

(2)

Planning and zoning commission report and recommendation

a.

The appropriate planning and zoning commission may hold a public hearing on the proposed amendment after the required notice is provided.

b.

The appropriate planning and zoning commission shall submit a report with its recommendations relative to the rezoning and its reasons for making the recommendation. The report shall be filed with the appropriate council within 45 days after the date of the public hearing held to consider the amendment.

(3)

Council action.

a.

If the appropriate planning and zoning commission fails to submit a timely report and recommendation, the appropriate council may take action on the rezoning without the report and recommendation. Otherwise, the appropriate council shall not take action to rezone, and the rezoning is not effective, until the council receives the appropriate planning and zoning commission's final report and recommendation.

b.

After receiving the appropriate planning and zoning commission's recommendation (or after the time period for a report and recommendation expires), the appropriate council will adopt, adopt with revisions, or deny the rezoning.

c.

A council decision to approve a rezoning shall occur within 90 days from the date upon which the appropriate planning and zoning commission files its report and recommendation to the appropriate council was filed or the time to file the report and recommendation expires, unless a motion is made to extend this time period or the rules of deferral as prescribed by the appropriate council are followed.

(4)

Conditional rezoning. The rezoning decision may —

a.

Limit the property to specified uses that are allowed in the zoning district;

b.

Attach appropriate conditions to mitigate the impacts of the proposed development such as, restrictions relative to the site plan and any future modifications, setback requirements, and other restrictions appropriate to mitigate the impacts of the development; or

c.

In the case of a comprehensive rezoning revision of more than ten parcels, allow, as a matter of right, a conditional use that is permitted within the zoning district.

(f)

What are the standards for approval?

(1)

A rezoning is a legislative decision that is committed to the appropriate planning and zoning commission or the appropriate council's(s') discretion.

(2)

The agencies will consider whether the amendment is reasonable, including:

a.

Whether the proposed rezoning is consistent with the comprehensive plan.

b.

Whether there was a mistake in the original zoning map or text.

c.

Whether the proposed amendment is compatible with the current development trends, if any, in the vicinity of the subject property.

d.

Whether the proposed amendment promotes the public health, safety, morals, and general welfare.

e.

Whether the proposed amendment is compatible with surrounding land uses.

f.

Any other factors relevant to a rezoning application under Louisiana law.

(g)

How is a decision appealed?

Appeal of any council action shall be made to the 15th Judicial District Court for the Parish of Lafayette within 30 days of the date of the council action.

(h)

After a decision is made, is there a limit on subsequent applications?

(1)

This subsection applies to a rezoning petition that —

a.

Is finally acted upon by the appropriate council, or

b.

Receives no action by the appropriate council, within 90 days, or

c.

Is officially advertised for public hearing before the appropriate planning and zoning commission or council but is subsequently withdrawn.

(2)

If subsection (h)(1) applies, the appropriate zoning commission and/or council shall not consider any further petition requesting or proposing the same or more intensive zoning district for the same property within a period of two calendar years. Notwithstanding the foregoing, the appropriate zoning commission and/or council may consider any further petition requesting or proposing the same or more intensive zoning district for the same property within a period of two calendar years if recommended by the administrator. This 2-year period begins on the date of the final legal action on the petition or the date of the expiration of the 90-day period in subsection (1)b above, or the date of withdrawal of the officially advertised petition.

(3)

This provision does not apply to a comprehensive zoning revision of an area larger than 20 acres.

(i)

What are my next steps?

(1)

If a building or buildings exist and there is no proposed new construction, the applicant shall submit to the appropriate planning and zoning commission an application stating the proposed use of the property.

a.

The appropriate planning and zoning commission may recommend a time limit within which the applicant shall apply for a certificate of occupancy in conformity with the proposed us. The time limit shall be no more than six months from the final decision.

b.

If applicant ceases to use the property for the specific purpose for which the application is made and the cessation of use continues for a consecutive 1-year period, the property shall, without any action on the part of the appropriate planning and zoning commission, revert to its original zoning classification.

(2)

If new construction is proposed, the rezoning may include a condition that a site plan be approved by the appropriate commission or council and filed with the administrator and DPD.

a.

All site improvements shall be completed within 18 months, unless for good cause shown, the rezoning decision provides a longer period. If, at the end of this period, construction is not complete, the administrator may extend the time period by three months if substantial progress has been made. Securing a permit for construction does not constitute substantial progress. For purposes of this subsection, "substantial progress" means that at least: -

1.

Footings are poured for at least 75 percent of the building floor area, or

2.

At least 25 of all buildings or structures are completed and issued a certificate of occupancy, or

3.

At least 50 percent of all site improvements required by a condition of approval and article 3 are completed.

b.

All improvements to the site shall be constructed in conformity with the approved plan.

c.

Any required plan may include, but is not limited to, a floor plan, elevations, site plan, plot plan, and other items required by the rezoning decision.

(j)

How are records of the decision kept?

See LCG Charter, section 2-16.

(Ord. No. JO-024-2021, § 5(Exh. E), 7-20-21; Ord. No. JO-077-2022, § 5(Exh. E), 9-20-22)

(a)

When does this process apply?

This section applies to any use designated as a conditional use in the applicable zoning district (see section 89-21).

(b)

How do I start the process?

(1)

The applicant files an application for a conditional use permit with the administrator.

(2)

The applicant may file an application for a conditional use permit concurrent with an application for rezoning.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

The following notice is required for a conditional use permit hearing:

(e)

How are decisions made?

(1)

The appropriate planning and zoning commission will publish a schedule of meeting dates for conditional use permits. Action will be taken on applications that are filed at least 40 days prior to the date of a scheduled hearing.

(2)

The planning and zoning commission report and recommendation.

a.

The appropriate planning and zoning commission shall conduct a public hearing on the proposed amendment after the required notice is provided.

b.

The appropriate planning and zoning commission shall submit a report with its recommendations relative to the conditional use permit and its reasons for making the recommendation. The report shall be filed with the appropriate council within 45 days after the date of the public hearing held to consider the conditional use permit.

(3)

Council action.

a.

If the appropriate planning and zoning commission fails to submit a timely report and recommendation, the appropriate council may take action on the conditional use permit without the report and recommendation. Otherwise, the appropriate council shall not take action on the application, and a conditional use permit shall be without effect, until the council receives the planning and zoning commission's final report and recommendation.

b.

After receiving the appropriate planning and zoning commission's recommendation (or after the time period for a report and recommendation expires), the appropriate council will grant, grant as modified or deny the conditional use permit.

(f)

What are the criteria for approval?

In assessing the application for a conditional use permit the following considerations are made:

(1)

The proposed use is consistent with the comprehensive plan, and

(2)

The proposed use is consistent with all applicable requirements of this chapter, including —

a.

The applicable zoning regulations, and

b.

Any applicable development standards in article 3, and

c.

Any applicable supplemental use regulations in article 5, and

(3)

The proposed conditional use is compatible with the character of the neighborhood within the same zoning district in which it is located, and

(4)

The proposal, as submitted or modified, shall have no more adverse effects on health, safety or comfort of persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district. In making this determination, the appropriate planning and zoning commission will consider the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site, and whether the proposed use is consistent with any policy of the comprehensive plan that encourages mixed uses and/or densities.

(g)

After a decision is made, is there a limit on subsequent applications?

(1)

This subsection applies to a conditional use permit application that —

a.

Is finally acted upon by the appropriate planning and zoning commission or council, or

b.

Receives no action by the appropriate planning and zoning commission or council, within 90 days, or

c.

Is officially advertised for public hearing before the appropriate planning and zoning commission but is subsequently withdrawn.

(2)

If subsection (g)(1) applies, the appropriate planning and zoning commission will not consider another petition requesting or proposing the same use for the same property within a period of 2 calendar years. This 2-year period begins on the date of the final legal action on the petition or the date of the expiration of the 90-day period in subsection (1) b above, or the date of withdrawal of the officially advertised petition.

(h)

How is a decision appealed?

Appeal of any council action shall be made to the 15th Judicial District Court for the Parish of Lafayette within 30 days of the date of the council action.

(i)

What are my next steps?

A conditional use permit does not authorize development. After a conditional use permit is approved, the applicant may file an application for a building permit or certificate of occupancy (see division 5).

(j)

How are records of the decision kept?

The administrator and the applicant shall maintain copies of the conditional use permit approval, and all supporting documentation.

(k)

For how long is my conditional use permit valid?

A conditional use permit runs with the land and shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the use permit application, unless conditioned otherwise.

Purpose: these regulations implement the comprehensive plan and this chapter by —

•  establishing a procedure to approve plats and maps that subdivide or resubdivide real property, and

•  examining subdivision plats and maps to ensure that they comply with this chapter; and

•  protecting the health, safety and general welfare of the people of the City and Parish of Lafayette and their property.

These subdivision regulations are authorized under R.S. 33:101—33:119, as amended, and this ordinance is declared to be in accordance with all provisions of those statutes.

(a)

When does this process apply?

(1)

Except as provided below, this Division applies to any "subdivision" as defined in La. R.S. 33:101, i.e.:

"Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development, and, with regard to parishes, for the purpose of sale or of building development for purposes other than agricultural. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

"Resubdivision", in addition to being synonymous with "subdivision", means and shall also include the consolidation of two or more lots, plats, tracts, parcels, or other divisions of land into one or more lots, plats, tracts, parcels, or other divisions of land.

(2)

This division does not apply to any subdivision exempt from regulation by LRSA Title 33, Chapter 1, Part 4, Subpart A, but only to the extent that the statute provides an exemption.

(3)

This division applies to all lands located within —

a.

The legal boundaries of the City of Lafayette as now exists or as may subsequently be changed by future annexation, and

b.

The unincorporated areas of Lafayette Parish.

(b)

How does the overall process work?

(1)

The purpose of these subdivision processes is to assure the orderly development of property and reduction of blight in existing neighborhoods within the City of Lafayette and unincorporated Lafayette Parish. The requirements for approval set forth in this division do not imply an inherent right to subdivide property or to create building sites except as consistent with the public health, safety and welfare of the entire community. It is intended that the review processes of this division and any decision to approve a subdivision plat shall include an evaluation of all aspects that might relate this decision, including but not limited to: infrastructure capacity or impact, current growth management policies, traffic congestion, and environmental impacts. Moreover, it is specifically within the authority of the appropriate planning and zoning commission to require specific improvements, easements or other limitations to development rights that further these public interests as a condition of an approval.

(2)

There are two steps for subdivision plat review:

a.

Preliminary plat approval by the appropriate planning and zoning commission, and

b.

Final plat review by the DPD prior to recording the plat.

(3)

The usual type and sequence of actions is as follows:

a.

The appropriate planning and zoning commission —

1.

Approves or tentatively approves the preliminary plat with conditions, or

2.

Defers approval of the preliminary plat until the next regular meeting (not to exceed 60 days) if necessary, and

3.

Approves, approves with conditions, or disapproves the preliminary plat.

b.

The final plat is submitted to DPD for recording.

(4)

The appropriate planning and zoning commission may allow the concurrent processing of preliminary plats and final plat if —

a.

A preliminary plat has expired and the resubmitted plat is prepared in final form in full compliance with the previous approval conditions, and no changes are proposed within the original plat boundary. This only allows concurrent processing, but not approval. The resubmitted plat must comply with all regulations in effect when it is resubmitted.

b.

The plat is prepared in final form and covers a single tract or unrestricted reserve contained within a general overall plan or street dedication plat previously approved by the commission, and where no new or additional streets or lots are proposed to be created and established.

c.

An application is received containing an instrument to vacate a subdivision to convert it to acreage rather than replat or resubdivide the property.

d.

The plat is a correction plat.

e.

The plat submitted contains five lots or less.

f.

The entire subdivision fronts on an existing dedicated, constructed, and accepted parish or municipal street or road.

g.

The appropriate planning and zoning commission finds that other special circumstances exist, after considering the question of special circumstances at a public meeting.

(5)

The applicant for a subdivision approval has the burden of proof to demonstrate full compliance with the applicable requirements of this chapter.

(a)

When does this process apply?

A sketch plan is an optional, informal process that allows the applicant to meet with LCG staff to gain an understanding of the comprehensive plan, the regulations in this chapter, and approval process. The intent of this procedure is to assist the subdivider in preparing a plan that meets the requirements of this chapter, and to permit the processing of the preliminary plat in an expeditious manner.

(b)

How do I start the process?

The subdivider submits to the administrator a sketch plan of the proposed subdivision. See article 10 for submittal requirements.

(c)

How do I know if my application is complete?

See § 89-48.

(d)

What kind of public notice is required?

No public notice is required.

(e)

How are decisions made?

The administrator or the subdivider may request a conference to review the proposed subdivision.

(f)

What are the standards for approval?

A sketch plan review is not a formal process. The administrator and any reviewing agencies will consult the standards in this chapter and the comprehensive plan in providing their comments to the applicant.

(g)

After a decision is made, is there a limit on subsequent applications?

There is no limit on subsequent applications.

(h)

How is a decision appealed?

Not applicable.

(i)

What are my next steps?

The sketch plan is not binding on either the applicant or the LCG. After receiving the administrator's comments, the applicant may file an application for preliminary plat approval.

(j)

How are records of the decision kept?

No records of the decision are kept.

Purpose: The purpose of preliminary plat is to review and check the proposed subdivision against the specific design standards and improvements required as set forth in this chapter. The preliminary plat is more detailed than the pre-application sketch plan and, consequently, shows the entire area proposed to be subdivided.

(a)

When does this process apply?

Preliminary plat approval is required for all unplatted property that has not been approved by the appropriate Planning and Zoning Commission or before a building permit can be obtained. Preliminary plat approval is required before a final plat is submitted.

(b)

How do I start the process?

(1)

The applicant files an application for preliminary plat approval with the administrator.

(2)

The applicant may file an application for rezoning or conditional use permit approval concurrent with an application for preliminary plat approval.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

The following notice is required for a preliminary plat hearing (Reference: LRSA 33:113):

(e)

How are decisions made?

(1)

The administrator will refer the preliminary plat to the following departments or agencies for review and comment, as appropriate. Failure to receive comments from an agency within the allotted time period for preliminary plat review is deemed a tacit approval by the agency:

a.

LCG, Department of Public Works.

b.

LCG, Department of Traffic, Roads and Bridges.

c.

City of Lafayette, Lafayette Utilities System (LUS).

d.

City of Lafayette, Fire Department.

e.

Private and public utilities serving the area.

f.

The DPD.

g.

Any other agencies or departments who may provide relevant comments about the proposed subdivision.

(2)

The administrator shall fix a date for a public hearing of a completed preliminary plat.

(3)

The appropriate planning and zoning commission shall conduct a public hearing and shall approve, conditionally approve, or deny the preliminary plat application.

(4)

During the course of the public hearing, the applicant may modify the plat to address issues raised by the appropriate planning and zoning commission.

(5)

After the public hearing is closed, the appropriate planning and zoning commission shall render a decision.

(6)

Approval is expressed as preliminary approval which is revocable and not entered on the plat. The appropriate planning and zoning commission will state conditions in writing. If the preliminary plat is disapproved, the appropriate planning and zoning commission will state the reasons.

(7)

The administrator shall notify the subdivider in writing of the conditions of approval with any conditions of approval, as necessary, shown on the preliminary plat.

(f)

What are the standards for approval?

(1)

The appropriate planning and zoning commission will approve the preliminary plat if —

a.

The application complies with all applicable requirements of this chapter, and

b.

The plat is consistent with the comprehensive plan.

(2)

Whenever the proposed subdivision contemplates a rezoning that is incompatible with, or nonconforming to, existing and updated comprehensive plans or zoning regulations, the subdivider shall:

a.

demonstrate why conditions of the comprehensive plan should no longer apply, and,

b.

complete the rezoning process prior to filling the application for preliminary plat approval.

(g)

After a decision is made, is there a limit on subsequent applications?

(1)

When the appropriate planning and zoning commission has denied any subdivision proposal, no reconsideration of any application will be granted unless:

a.

The applicant certifies that circumstances and/or conditions have been changed or altered, or

b.

The applicant certifies that data used or provided in analysis of the proposed subdivision was inaccurate, and that the applicant could not have been aware of the inaccuracy for reasons beyond its control, or

c.

Additional information has become available which was not available when the public hearing occurred.

(2)

A reapplication is subject to all procedures required by the original submittal.

(h)

How is a decision appealed?

See section 89-69.

(i)

What are my next steps?

(1)

Tentative approval of the preliminary plat is not approval of the final plat. Rather, it is considered an expression of approval of the layout submitted on the preliminary plat.

(2)

Receipt of a copy of the preliminary plat, indicating the appropriate planning and zoning commission's approval conditions, authorizes the subdivider to proceed with the preparation of construction plans (see article 10) and specifications in accordance with the improvements required in article 3.

(3)

The subdivider shall submit the necessary construction plans; specifications and documents for the required public improvements to PW and LUS (see article 10 for submittal requirements).

(4)

Following the approval of construction plans by the respective department, the applicant may —

a.

Begin construction of the improvements, or

b.

Construct at least 80 percent of the improvements, and furnish an improvement agreement guarantee for 125 percent of the estimated cost of the remainder of the improvements. The improvement agreement guarantee shall be submitted to the respective department charged with the responsibility of those improvements. The improvement agreement guarantee, along with the completed construction plans, and/or bank letter of credits, will allow the developer to present his final plat to the DPD for approval.

(5)

For how long is my preliminary plat approval effective?

a.

Preliminary plat approval ("Preliminary Approval") shall be valid for a period of 24 months from the date of preliminary approval of the appropriate planning commission ("Initial Period"). During the initial period, the applicant is responsible for:

1.

preparing all infrastructure and improvement plans ("Infrastructure Plans") including, but not limited to, water, sewer, electrical, drainage and streets, and

2.

obtaining approval of all infrastructure plans by all applicable LCG departments and/or other applicable utility providers.

b.

1.

If, at the end of the initial period, reasonable progress, as determined by the staff of the appropriate planning commission, has not been realized in the design and preparation of the infrastructure plans, then the preliminary approval shall be deemed terminated. If the applicant opposes the termination of preliminary approval under this subparagraph, the decision of the staff of the appropriate planning commission shall be a tentative finding which shall be submitted to the appropriate planning commission at its next regularly scheduled meeting for final review and action.

2.

If, at the end of the initial period, reasonable progress, as determined by DPD has been realized in the design and preparation of the infrastructure plans, but the infrastructure plans are not complete, then the preliminary approval can be extended by DPD for the time necessary to complete the design, preparation and approval of the infrastructure plans, but in no event greater than 180 days from the last day of the initial period ("Extended Initial Period").

3.

For purposes of this subparagraph, reasonable progress shall mean progress toward the recordation of a final plat of subdivision. A finding of reasonable progress shall require, at a minimum, the submission of infrastructure plans to the appropriate LCG department(s), together with proof that the applicant is diligently pursuing all necessary permits and approvals but has been unable to secure the same because of conditions beyond the applicant's control.

4.

For purposes of this subsection, reasonable progress may be confirmed by the applicant providing to DPD evidence of delays caused by agencies having jurisdiction over the property and not as a result of any action or inaction of the applicant.

c.

If, at the end of the extended initial period, the infrastructure plans are not fully approved by LCG, then, in such event, the preliminary approval shall terminate.

d.

If, at the end of the initial period or extended initial period, the infrastructure plans are fully approved by LCG, then, in such event, the preliminary approval shall be automatically extended for the time necessary to complete the construction of the infrastructure improvements, but in no event greater than 12 months from the date of the approval of the infrastructure plans ("Construction Period").

e.

If, at the end of the construction period, the final plat of subdivision has not been recorded, then the applicant shall apply to the appropriate planning commission for an extension of the construction period for the time necessary to record the final plat of subdivision. The determination set forth in this subparagraph shall be made solely by the appropriate planning commission.

f.

In the event that any proposed subdivision receives preliminary approval and there is no requirement of the approval for any construction of infrastructure improvements, the preliminary approval shall remain valid for a period of 12 months from the date of approval by the appropriate planning commission, during which 12 month period a final plat of subdivision shall be recorded. in the event the final plat of subdivision is not recorded within such 12 month period, the preliminary approval shall automatically terminate.

(j)

How are records of the decision kept?

A preliminary plat application is not recorded. The administrator will maintain a record of approved preliminary plats. The applicant must maintain a copy of the approved preliminary plat, including any attachments.

(Ord. No. JO-024-2021, § 5(Exh. E), 7-20-21; Ord. No. JO-021-2022, § 4(Exh. D), 3-22-22)

(a)

When does this process apply?

(1)

Final plat approval is required before a plat is recorded or filed in the office of the clerk of court of the Lafayette Parish.

(2)

Final plat is filed after the preliminary plat is approved.

(b)

How do I start the process?

(1)

The proposed final plat for approval is filed with the administrator.

(2)

The final plat may represent all or part of a subdivision, in the case of phase development, which has received preliminary approval.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

None required.

(e)

How are decisions made?

(1)

The administrator (acting on behalf the appropriate planning and zoning commission) will act on the final plat as provided below and in LRSA 33:113.

(2)

The administrator, on behalf of the appropriate planning and zoning commission, will determine whether the final plat complies with the preliminary plat and is suitable for recording.

(3)

The approved final plat shall have the signature of the Administrator or his/her designee.

(f)

What are the criteria for approval?

The administrator or appropriate planning and zoning commission shall approve the final plat if —

(1)

The final plat is consistent with all applicable requirements of this chapter, including —

a.

Applicable zoning regulations, and

b.

Any applicable development standards in article 3, and

(2)

The final plat meets all requirements established during the preliminary plat approval process, and

(3)

The necessary improvements are constructed in accordance with the approved plans, specifications, standards, and all other applicable rules and regulations, and

(4)

The developer obtains and files with PW (i) a maintenance agreement in the form provided by LCG assuring that the necessary improvements are constructed in accordance with the approved plans; and (ii) an irrevocable letter of credit in the amount of ten percent of the cost of improvements, as determined by PW, in favor of the City of Lafayette, Parish of Lafayette, and/or the Lafayette City-Parish Consolidated Government, as the case may be, ensuring the satisfactory performance of the subdivision's infrastructure until same are accepted for perpetual maintenance by LCG in accordance with section 89-59. The irrevocable letter of credit shall be subject to cancellation only upon written approval of PW.

The irrevocable letter of credit must be a "clean letter of credit," i.e., as a condition of payment, it shall require no more than presentation of a draft or other demand by PW and must contain the following statement:

Said funds are available by draft drawn at sight accompanied by a dated statement signed by the director of PW that [insert name of subdivision] have failed to meet the performance standards for development outlined in the LDC and require remediation to bring said improvements in compliance with same.

Nothing herein shall be construed to limit the liability of a developer or a guarantor for the unsatisfactory performance of subdivision improvements that exceed the developer's irrevocable letter of credit balance.

(g)

After a decision is made, is there a limit on subsequent applications?

There is no limit on subsequent applications.

(h)

How is a decision appealed?

Not applicable.

(i)

What are my next steps?

(1)

A final plat does not authorize construction, except for the installation of improvements as provided above.

(2)

The final plat approval shall include an act of dedication of any dedicated streets, alleys, utility improvements or other public lands.

(3)

No building permit shall be issued or granted for the development or use of any land until a plat of the lot, parcel, or site of the proposed development is approved. Once the final plat is recorded the lots of the development are approved and a building permit can be obtained.

(j)

How are records of the decision kept?

(1)

The administrator shall record an approved and endorsed final plat in the Office of the Clerk of Court of Lafayette Parish by Administrator upon submittal of the approved final plat and appropriate recording fee.

(2)

If the applicant fails to present the final plat for recording within six months following the date of approval, the final plat is deemed void.

(a)

When does this process apply?

(1)

These procedures apply to all subdivision applications with public improvements or right-of-way relative to land which the LCG has jurisdiction.

(2)

For purposes of this section, a "dedication" means the appropriation of land by the owner to some public use.

(3)

This section establishes the procedures to transfer the maintenance of the development's improvements as granted to the public from the developer to LCG.

(4)

A public and/or private street, utility or other servitude, right-of-way or other right granted to the public, is established when designated on a final plat. The recorded plat does not establish an obligation of perpetual maintenance by the governing body.

(b)

How do I start the process?

(1)

An act of dedication shall be submitted to the Administrator in compliance with appropriate submission requirements.

(2)

Property is to be dedicated at the time of plat approval, the dedicated public or private property shall be shown on the plat submitted for recordation.

(3)

The plat shall contain the information required for final plats generally, and, with regard to the areas dedicated, shall contain the additional data required by article 10.

(c)

How do I know if the act of dedication is complete?

See section 89-48. No application is required.

(d)

What kind of public notice is required?

Formal public notice is not required.

(e)

How are decisions made?

(1)

Water, sewer, and electricity

a.

The administrator will forward the proposal to LUS, for the approval authority for utilities under its jurisdiction.

b.

LUS shall either accept or reject the offer of dedication.

(2)

Streets and drainage

a.

Prior to the expiration of one year from the date of final plat approval ("the One Year Warranty Period"), PW, shall (1) notify the developer by certified mail and telephone, if applicable, with the date and time that the inspection of the improvements will be performed; and (2) inspect the improvements.

b.

After inspection, PW shall, to the extent necessary, provide the developer with a list of items to be completed or corrected ("Punch List"), which the developer shall complete within 60 calendar days of its receipt thereof. Upon completion of the punch list by the developer, PW will then re-inspect the improvements and, if the punch list has been completed in accordance with standards of subsection (f) of this section 89-59 and no other deficiencies have presented themselves, provide a letter to DPD that they are recommending the acceptance of perpetual maintenance of the improvements, and a report to the appropriate planning and zoning commission.

c.

The appropriate planning and zoning commission will consider the report and render a decision as to whether to accept the improvements for perpetual maintenance.

d.

If the developer fails to complete or correct the items set forth in the punch list within 60 days of its receipt of the punch list, PW may, in addition to any other remedy available under Louisiana law, make demand upon the institution that issued the irrevocable letter of credit in accordance with section 89-58(f)(4) and use the proceeds to perform the maintenance or repairs itself. To the extent PW elects to perform some or all of the maintenance or repairs on behalf of the developer, no such action shall constitute an acceptance by LCG of the improvements for perpetual maintenance.

(3)

Sidewalks (Public) - Sidewalks to be dedicated must be located within the public right-of-way or a public servitude.

(4)

Until the developer has obtained LCG's written acceptance for perpetual maintenance of the subdivision improvements, the developer shall remain responsible for all maintenance and repair to the improvements. The appropriate planning and zoning commission will not consider accepting the improvements for perpetual maintenance until the one year warranty period has expired, and then only if the improvements pass inspection and are recommended for acceptance for perpetual maintenance in writing by PW.

(5)

Acceptance for perpetual maintenance will not be considered for any residential development with an outstanding bond, letter of credit, certified check or other legal assurances associated with deficient or yet-to-be-completed public infrastructure - but not including the irrevocable letter of credit required under subsection 89-58(f)(4). For the purposes of this subsection, "deficient or yet-to-be-completed public infrastructure" shall mean public infrastructure (i.e. roadway, drainage, sidewalks, street lights, etc.) constructed or to be constructed in areas within the development: (i) that have been designated as common areas, parks, lift stations, etc.; or (ii) on any lot or parcel where no construction is contemplated or where construction has already been completed.

(6)

After LCG accepts the improvements for perpetual maintenance, a certificate identifying the public street(s) or other improvement which have been accepted for perpetual maintenance shall be recorded with the Clerk of Court of Lafayette Parish. At such time, PW shall take such steps as are necessary to cancel the irrevocable letter of credit.

(f)

What are the criteria for approval?

(1)

Acceptance by LUS for the perpetual maintenance of utilities systems requires certification of the engineer that all improvements are complete and in compliance with LUS standards. This requirement applies to all subdivisions and commercial building sites.

(2)

Construction quality control. For a subdivision to be recommended for acceptance by PW, certification must be received from the design engineers that the subdivision and the commercial building site was constructed according to the approved construction plans.

a.

The latest edition of LCG's "Standard Specifications for Roads, Drainage, Bridges and Other Infrastructure Improvements" shall be used as a guide for construction quality. However, since LCG does not inspect the construction of developments, the construction tolerances stated in the standard specifications do not apply. The design engineers must certify the completeness and acceptance of the improvements.

b.

The developer shall retain the inspection service of the design engineering firm or independent testing laboratory to assure compliance with construction plans and specifications and standard construction practices for the following nonexclusive particulars:

1.

Back-fill of culverts or utility lines crossing roadway;

2.

Compaction of roadway sub-grade;

3.

Processing of road base, including application of lime if deemed necessary;

4.

Installation of storm sewers, especially line and grade;

5.

Roadway surface construction;

6.

Post-construction testing of water and sewerage collection system;

7.

Resident inspection of water, wastewater, and electrical systems for the acceptance of LUS.

c.

The cost of inspection services shall be borne by the developer. All test results shall be reported to PW and LUS with copies to the developer and/or his representative.

d.

A certified inspector shall be present at the asphalt or concrete batch plants whenever material is prepared for use in construction of the development infrastructure and shall certify that the material used was of approved quality and in conformity with the specifications.

e.

PW shall be notified when construction of a subdivision commences and when base course (if asphaltic concrete is used) construction is to be done.

f.

The developer's design engineer shall submit the geotechnical reports and recommendations for the roadway typical section(s) to PW before construction of the soil cement base course.

g.

Laboratory testing reports shall be approved by the developer's design engineer and provided to PW. Required reports are as follows:

1.

Atterberg limits of soil at the base course grade; Lime and/or cement determination for base course;

2.

Compaction tests of road sub-grade and base course;

3.

Design mix for asphaltic concrete;

4.

Design mix for Portland cement concrete;

5.

Compressive strength testing for structural concrete and concrete pavement;

6.

Coring of roadways.

(3)

The design engineer shall certify as acceptable and submit to the PW engineer for approval of materials to be used for storm sewers.

(g)

What are my next steps?

(1)

A dedication shall irrevocably vest the public with title to the items so dedicated, subject to the right of the governing authority to abandon, revoke or dispose of any public property or dedication. This is done at final plat recordation when the act of dedication is recorded.

(2)

When a private street is established in a subdivision, the designated private street shall be owned by the developer or another private entity or entities.

(3)

Nothing contained herein shall operate to negate or alter the provisions of R.S. 33:5051, or any other statutory provisions relative to dedication or the jurisprudence interpreting same.

(Ord. No. JO-024-2021, § 5(Exh. E), 7-20-21)

(a)

When does this process apply?

(1)

A plat that meets the following criteria shall be submitted to the hearing examiner for examination and review:

a.

The development creates no more than five lots and does not exceed five acres; and

b.

The proposed plat does not create new public or private streets or involve private streets that were not previously approved by the appropriate planning and zoning commission; and

c.

The applicant —

1.

Owns no property adjacent to the proposed development, or

2.

the applicant has not submitted any other application for a subdivision of adjacent property owned by the applicant from the total property owned by the applicant within one year prior to the current application (note: applications for lot line adjustments are not considered applications for a subdivision of property as provided here).

(2)

If subsection (1) applies, the hearing examiner may approve both the preliminary plat and final plat.

(b)

How do I start the process?

The applicant files an application for minor plat approval with the administrator.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

The hearing examiner meetings and the subsequent appropriate planning and zoning commission meeting are subject to the notice requirements of section 89-57(d) (Preliminary Plat), except that for hearing examiner meetings notice by publication in the official journal of LCG shall be within five days of the hearing and sign(s) must be posted at least seven days prior to the hearing examiner meeting.

(e)

How are decisions made?

(1)

Prior to the hearing, the hearing examiner shall obtain consultation, comments and input from appropriate LCG departments and public agencies.

(2)

The hearing examiner shall schedule regular meetings at specific times and dates at least two times per month. The hearing examiner may cancel a meeting if no items are submitted for review. The hearing examiner will meet with the subdivision applicant and any interested party the specific times and dates set for the regular meetings.

(3)

At this meeting, the hearing examiner shall:

a.

Render a tentative decision, subject to approval, modification or rejection by the appropriate planning and zoning commission.

b.

Issue a written decision with the official tentative decision.

c.

Advise the applicant of the date when the appropriate planning and zoning commission will consider the plat application.

(4)

If there is no opposition to the hearing examiner's decision, that decision is considered final for purposes of issuance of a building permit only, subject to approval on a consent agenda at the next available meeting of the appropriate planning and zoning commission.

(5)

If a party with standing requests review, the appropriate planning and zoning commission will review the hearing examiner's decision and render a final decision. The appropriate planning and zoning commission may approve, modify or reverse the hearing examiner's decision.

(6)

The hearing examiner may, tentatively, make the same requirements, conditions and approvals, and use the same procedures relative to staff review that are used for any other subdivision plat application. The hearing examiner will conduct the review on an expedited basis to insure timely and quick response within the time limits provided above.

(7)

The hearing examiner renders its decision; the appropriate planning and zoning commission will consider the application at its next available regularly scheduled meeting. The hearing examiner shall include in the package regularly prepared for the appropriate planning and zoning commission a special section that includes all subdivision applications considered by the hearing examiner. The appropriate planning and zoning commission may elect to consider without public hearing any matters that qualify for consideration without public hearing under R.S. 33:113 at its regularly scheduled public hearing.

(8)

The appropriate planning and zoning commission will create a consent agenda for approval of hearing examiner decisions that are without opposition. The commission may approve those items at the public hearing. The commission may remove any item from the consent agenda and place it upon the regular agenda and conduct a public hearing on that item.

(f)

What are the standards for approval?

See article 4, division 4, section 89-57(f) (Preliminary Plat).

(g)

After a decision is made, is there a limit on subsequent applications?

The applicant shall not submit another minor plat application for the subject property within one year after a minor plat application is approved or denied. The applicant may submit a preliminary plat during this time period.

(h)

How is a decision appealed?

The decision can be appealed to the appropriate planning and zoning commission as provided in subsection (e)(5) above.

(i)

What are my next steps?

(1)

After final approval is issued, the applicant may apply for a building permit.

(2)

Final approval shall be issued by the same entity having authority to issue the preliminary subdivision approval.

(j)

How are records of the decision kept?

See section 89-58 (Final Plat).

(Ord. No. JO-004-2023, § 5(Exh. E), 2-1-23)

(a)

When does this process apply?

This process applies to —

(1)

The reversion of platted lots to unplatted land, or

(2)

A change to a prior version of an approved plat on the property.

(b)

How do I start the process?

The lot owners initiate the process by filing an application to vacate the subdivision with the administrator.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

(e)

How are decisions made?

(1)

The appropriate planning and zoning commission shall determine whether the request, complies with subsection (f), below.

(2)

The appropriate planning and zoning commission shall make its decision within 60 days after receipt of the required information.

(f)

What are the standards for approval?

The appropriate planning and zoning commission may approve a plat vacation if:

(1)

The plat to be vacated is a legal plat of record; and

(2)

Vacation of the subdivision will not interfere with development of, nor deny access via public thoroughfare to, adjoining properties, utility services or other improvements; and

(3)

Vacation of the subdivision is not contrary to the LCG Comprehensive Plan.

(g)

After a decision is made, is there a limit on subsequent applications?

No.

(h)

How is a decision appealed?

See section 89-69.

(i)

What are my next steps?

(1)

If the application is approved, the DPD shall record it in the office of the clerk of court. All fees for recording the vacation shall be paid by the applicant or land owner.

(2)

After a plat is vacated, the applicant may initiate the subdivision or resubdivison process, or initiate processes that do not require plat approval.

(j)

How are records of the decision kept?

See section 89-58 (Final Plat).

(Ord. No. JO-024-2021, § 5(Exh. E), 7-20-21)

[Reserved]

(a)

When does this process apply?

This section establishes a process to approve minor modifications to existing parcels approved by the appropriate planning and zoning commission, as provided in LRSA § 33:113.1.

(b)

How do I start the process?

The applicant shall file an application for a boundary adjustment with the administrator.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

No public notice is required.

(e)

How are decisions made?

(1)

Where a plat meets the criteria in subsection (f), the plat shall be submitted to the administrator for examination and review.

(2)

The administrator shall, within two weeks from receipt of the plat, approve, with or without conditions, or deny approval of the plat, after consultation and input from LCG departments and public agencies as may be appropriate for adequate consideration of the plat.

(3)

The public hearing is not required for applications meeting the criteria of this section.

(4)

After all input is received by the appropriate departments and public agencies the administrator shall render to the applicant a written decision setting forth the official decision of the administrator. Irrespective of any other provisions contained in this chapter, the administrator's official decision shall remain valid for a period of 12 months from the date of the decision, unless otherwise extended by the administrator. In the event the applicant fails to submit the appropriate instrument for recordation in accordance with the administrator's official decision, said official decision expires and reapplication is required.

(f)

What are the standards for approval?

A plat qualifies for administrative approval under this section if it involves:

(1)

The realignment or shifting of lot boundary lines, including removal, alignment, or shifting of the interior lot boundary lines or the re-designation of lot numbers if the application meets the following requirements.

a.

Does not involve the creation of any new street or other public improvement;

b.

Does not involve more than ten lots of record, not to exceed more than five newly combined lots, and is not more than ten cumulative acres.

c.

Does not reduce a lot size below the minimum area or frontage requirements established by ordinance;

d.

Otherwise meets all the requirements of the subdivision regulations and zoning ordinances; or

(2)

Parcels of land where a portion has been expropriated or has been dedicated, sold or otherwise transferred to the parish or municipality, leaving a severed portion of the original property which requires a redesignation of lot number and establishment of new lot boundary lines.

(3)

In connection with the review of subdivision applications, the administrator may waive any minimum setback otherwise reviewed by the subdivision regulations.

(g)

After a decision is made, is there a limit on subsequent applications?

There is no limit on subsequent applications. However, it shall be unlawful to utilize multiple boundary adjustments as means of avoiding the preliminary plat or minor plat (Hearing examiner) process.

(h)

How is a decision appealed?

Not applicable.

(i)

What are my next steps?

See section 89-58 (Final Plat).

(j)

How are records of the decision kept?

See section 89-58 (Final Plat).

(Ord. No. JO-021-2022, § 4(Exh. D), 3-22-22; Ord. No. JO-077-2022, § 5(Exh. E), 9-20-22; Ord. No. JO-004-2023, § 5(Exh. E), 2-1-23; Ord. No. JO-067-2024, 11-18-24)

(a)

DPD issues building permits after approval is received from all appropriate departments.

(b)

No building or structure shall be demolished, erected, altered, repaired, or relocated until a building permit is issued by DPD.

(c)

DPD establishes the procedures to apply for building permits.

(a)

When does this process apply?

A certificate of occupancy is required for —

(1)

a change in the use or occupant of land, or

(2)

a change in an existing building or structure, or

(3)

the use or change in use of a new building or structure.

(b)

How do I start the process?

The applicant files an application for a certificate of occupancy with:

(1)

The building official, or

(2)

The administrator, when a change in occupancy of an existing building involves no construction. The administrator will then forward the application to the fire department for review.

(c)

How do I know if my application is complete?

See § 89-48.

(d)

How are decisions made?

The fire department will review the application and issue a certificate of occupancy, or the Codes Division of DPD will issue a building permit and a certificate of occupancy after all reviews and inspections are approved.

(e)

What are the standards for approval?

(1)

No certificate of occupancy shall be issued unless the building, land, or structure complies with all provisions of this chapter and all terms and conditions of any building permits previously issued for the building, land, or structure.

(2)

No certificate of occupancy shall be issued for projects that include site work (i.e., work that is not part of the physical structure of the building itself, including, but not limited to, grading and excavation, as well as the installation of drainage, utilities and driveways) without certification from the architect and/or engineer of record that the on-site drainage system and any work within the public right-of-way is in accordance with the approved construction plans. If there is no architect or engineer of record associated with the project, the licensed general contractor may provide such certification.

(f)

Suspension, revocation of certificate of occupancy

(1)

Application. The provisions of this section shall apply in the City of Lafayette and the unincorporated areas of the Parish of Lafayette.

(2)

Authority of administrator. The administrator is authorized to suspend and/or revoke any certificate of occupancy for failure to comply with any and all applicable LCG Code of Ordinances or state law.

(3)

Informal hearing before administrator. Before any certificate of occupancy is suspended or revoked pursuant to this section, the holder of the certificate of occupancy shall be entitled to an informal hearing before the administrator, as provided herein. The administrator shall issue a written notice to the holder of the certificate of occupancy who has violated any of the provisions of the LCG Code of Ordinances or state law. The written notice shall include the following:

a.

The time and place of the informal hearing;

b.

The provision(s) of the LCG Code of Ordinances and/or state law that was (were) violated; and

c.

A summary of the causes for which the notice(s) was (were) issued.

Within 60 days of the date of the notice to the holder of the certificate of occupancy, the administrator shall conduct an informal hearing. After an informal hearing by the administrator is conducted, the administrator shall render a written decision.

a.

Notice of the administrator's written decision shall be provided to the holder.

b.

The written decision of the administrator shall be final after the expiration of the appeal delays established in this section.

(4)

Appeal to council. Within 21 calendar days after the date of the notice of the decision of the administrator, the holder shall have the right to appeal the decision of the administrator to the appropriate council. For purposes of this subsection, appeals by holders of a certificate of occupancy for property in the City of Lafayette shall be submitted to the Lafayette City Council. Likewise, appeals by holders of a certificate of occupancy for property in the unincorporated areas of the Parish of Lafayette shall be submitted to the Lafayette Parish Council. The appeal shall be exercised by the submission of a written request for appeal to the clerk of the appropriate council. The council shall not consider any appeal which is untimely filed or for which a written request for appeal is not submitted to the clerk of the appropriate council.

(5)

Notice of hearing of appeal before council. A notice shall be sent to the holder stating the time and place of the hearing of appeal before the council. This notice shall be sent at least ten calendar days prior to the council's hearing date.

(6)

Action by council. The exclusive purpose of the appeal established herein is for the council to determine whether the administrator acted reasonably and in good faith under the provisions of this section in suspending and/or revoking a certificate of occupancy. The council shall vote only to either uphold the decision of the administrator, overturn the decision of the administrator or remand the matter back to the administrator, with reasons for said remand. The council shall not alter the length of time of the suspension or revocation imposed by the administrator. The written notice reflecting the council's decision shall be provided to the holder. On remand, the administrator may re-affirm, modify, revise or reverse his/her decision which has been returned to him/her by the council for reconsideration. A remanded matter shall be treated as an extension of the original informal hearing and shall be noticed for rehearing by the administrator in accordance with the provisions of subsection (f)(3) herein.

(7)

Appeal to district court. Within 21 calendar days from the date of the written notice by the clerk of the council reflecting the council's decision on an appeal, any party aggrieved may take an appeal to the 15th Judicial District Court unless the council remands the matter back to the administrator for reconsideration. Concurrent with the filing of an appeal to the 15th Judicial District Court, the aggrieved party shall provide notice of such filing to the other party.

(8)

Method and delivery of notice. For purposes of this section, notice required herein shall be provided to the holder of the certificate of occupancy by either of the following methods:

a.

Hand delivery, with acknowledgement of receipt; or

b.

By registered or certified mail, return, receipt requested. Notice to the holder utilizing this method shall be addressed to the designated physical address on file with the administrator. The date of the postmark shall be deemed to be the date of delivery. When so addressed and mailed, any such notice shall be presumed to have been received by the holder.

(9)

No certificate of occupancy shall be suspended or revoked until after the decision of the administrator has become final.

(Ord. No. JO-024-2021, § 5(Exh. E), 7-20-21)

(a)

When does this process apply?

This section applies to all request to abandon any alley, right-of-way, street, servitude or easement in favor of the City of Lafayette, Parish of Lafayette and/or Lafayette City-Parish Consolidated Government.

(b)

How do I start the process?

(1)

The applicant shall file an application for abandonment with the administrator.

(2)

Abandonment requests shall be submitted first to DPD for review and consultation with other pertinent departments in order to confirm that the abandonment is of property or rights not actually being used or needed by the government.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

No public notice is required.

(e)

How are decisions made?

(1)

Upon receipt of an application, the DPD will circulate the requested abandonment to LUS, PW, the Lafayette Fire Department, and other appropriate governmental departments, based upon the nature of the requested abandonment.

(2)

Each department shall submit its recommendations, objections or comments relative to the abandonment to DPD.

(3)

If the DPD finds that the abandonment is inappropriate, it shall submit its report to the applicant within the 30-day period explaining the basis for its objection to the abandonment.

(4)

If the DPD finds that the abandonment is appropriate, it shall prepare the abandonment in ordinance format. The DPD shall submit to the appropriate Council(s):

a.

The abandonment request in ordinance format the proposed abandonment request;

b.

The recommendations, and comments of other departments (see subsection (2) above); and

c.

Other relevant information.

(f)

What are the standards for approval?

An abandonment is a legislative decision that is rendered at LCG's discretion.

(g)

After a decision is made, is there a limit on subsequent applications?

Not applicable.

(h)

How is a decision appealed?

Not applicable.

(i)

What is the effect of abandonment?

An abandonment issued by LCG is exclusive of the rights of the government in the item abandoned, and does not affect any easements, servitudes or other rights vested in or acquired by other utility providers (such as gas companies, pipeline companies, electricity providers, telephone companies, or cable companies).

(j)

How are records of the decision kept?

Upon passage of an abandonment ordinance by the appropriate council(s) and its subsequent approval or the lack of a veto by the mayor-president, DPD shall record the abandonment ordinance in the office of the clerk of court and will provide a copy of the ordinance to the applicant.

(Ord. No. JO-004-2023, § 5(Exh. E), 2-1-23)

(a)

When does this process apply?

This Section applies to a request to modify any requirement of division 4 of this article, or of article 3 as they relate to subdivision plats.

(b)

How do I start the process?

Except for those requests for modification submitted pursuant to subsection (f) herein, all requests for modification shall be filed with the application for subdivision plat approval. Requests for modification not contained within an application for subdivision plat approval or an application filed pursuant to subsection (f) will not be considered.

(c)

How do I know if my application is complete?

Completeness review occurs as part of the plat application process (see section 89-48).

(d)

How are decisions made?

(1)

The approving agency will process the modification as part of the subdivision application.

(2)

If the approving agency finds that the standards in subsection (e) apply, it may vary, modify, or waive the requirements so that substantial justice may be done and the public interest secured.

(e)

What are the standards for approval?

(1)

The approving agency may approve a modification if the applicant demonstrates that strict compliance with the requirements would result in extraordinary hardship to the subdivider because of unusual topography, or other such conditions, thus retarding the achievement of the objectives of these regulations.

(2)

The modification shall not have the effect of nullifying the intent and purpose of these regulations, or of the comprehensive plan.

(3)

The modification shall —

a.

Be the minimum needed to provide the relief the applicant is requesting, and

b.

Not reduce the traffic capacity of any arterial, collector or minor streets; and

c.

Not conflict with the zoning regulations.

(4)

The approving agency may require conditions that will, in its judgment, secure substantially the objectives of the standards and regulations affected.

(f)

After a decision is made on an application for subdivision plat approval, can I request a modification that was not included in my application for subdivision plat approval?

Yes. An application for a request for modification that was not included in an application for subdivision plat approval shall be filed with the administrator no later than 90 days prior to the expiration of preliminary plat approval.

The processing and consideration of an application for modification after a decision is made on an application for subdivision plat approval is not an inherent right. In determining whether the application for a request for modification will be accepted for consideration by the appropriate approving agency, the administrator shall apply the following:

(i)

The request for modification involves a subject matter which, in the administrator's opinion, was not known or knowable by the owner/Applicant/Developer prior to the filing of the application for subdivision plat approval; and

(ii)

The request for modification contains information which, in the administrator's opinion, the approving agency may reasonably consider to be sufficient to satisfy the standards for approval as set forth in subsection (e) herein.

The administrator shall deny any application for modification submitted pursuant to this subsection (f) which does not meet the requirements of this subsection (f).

(g)

How is a decision appealed?

Appeals of a decision by the administrator by an aggrieved party shall be taken to BOZA pursuant to the provisions of 89-68. Appeals of a decision by the planning and zoning commission by an aggrieved party shall be taken to the appropriate council pursuant to the provisions of 89-69.

(h)

What are my next steps?

See section 89-58 (Final Plat).

(i)

How are records of the decision kept?

See § 89-58 (Final Plat). All modifications granted by the appropriate planning and zoning commission are documented in an action letter that is sent out to the owner/applicant/Developer.

(Ord. No. JO-067-2024, 11-18-24)

(a)

When does this process apply?

This section applies to —

(1)

Variance application to vary the zoning requirements of this chapter, or

(2)

Appeal an appeal of a decision by the administrator under this chapter. Appeals to the board of zoning adjustment may be taken by any person, affected by any decision of the administrator.

(b)

How do I start the process?

(1)

An application for variance or appeal, in the form provided by DPD, shall be filed with the administrator. Applications shall be taken within a reasonable time, as provided by the rules of BOZA.

(2)

The administrator shall prepare a report and forward the application and supporting documents to BOZA.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

The following notice is required:

(e)

How are decisions made?

(1)

BOZA shall fix a reasonable time for the public hearing, give public notice thereof, as due notice to the interested parties, and render a decision within a reasonable time.

(2)

The applicant or agent must appear in person at the hearing.

(3)

In exercising the above mentioned powers, BOZA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination and make such order, requirement, decision, or determination as ought to be made.

(4)

An affirmative vote of three members is necessary to reverse any order, requirement, decision, or determination of the administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under any ordinance, or to effect any variation in the Comprehensive Zoning Ordinance.

(f)

What are the standards for approval?

(1)

BOZA may grant a variance if there are practical difficulties or unnecessary hardships in compliance with the strict letter of this chapter. If these standards apply, BOZA may vary or modify the application of any of the regulations or provisions of the ordinance relating to the use, construction, or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(2)

BOZA may reverse or modify a decision of the administrator if —

a.

The underlying decision was based on an erroneous interpretation of this chapter, or

b.

The decision is needed to avoid a violation of constitutional rights, or to provide a reasonable accommodation of rights granted under federal law.

(g)

How is a decision appealed?

(1)

Any person or persons jointly or severally aggrieved by any decision of BOZA may present to the District Court in Lafayette Parish, Louisiana a petition, duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after filing of the decision in the office of the board. All cost shall be borne by the applicant.

(2)

Upon the presentation of such petition, the court may allow a writ of certiorari directed to BOZA to review the decision of BOZA and shall prescribe therein the time within which a return may be made and served upon the relator's attorney, that shall not be less than ten days but which may be extended by the court.

(3)

BOZA shall not be required to return the original papers acted upon by it, but may return certified or sworn copies thereof or such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(4)

The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. Cost shall not be allowed against BOZA unless it appears to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings in accordance with La. R.S. 33:4727.

(Ord. No. JO-024-2021, § 5(Exh. E), 7-20-21)

(a)

When does this process apply?

(1)

This section applies to any appeal of any planning and zoning commission action concerning the approval or denial of a proposed subdivision.

(2)

Standing. Only parties with standing are eligible to file an appeal.

a.

Definition of standing: A right to appeal is based on the determination that a person has a substantial stake or interest in the decision or its impact.

b.

All appeals by non-applicants/parties with standing shall be submitted, after filing, to legal counsel of the appropriate planning and zoning commission. Legal counsel will review the appeal and issue an opinion as to the standing of the appellant, based upon the facts submitted in the appeal. Within five days, exclusive of legal holidays, legal counsel shall issue in writing an opinion relative to standing. Failure to issue an opinion is deemed a determination that standing exists.

c.

Standing is presumed to exist for the owner and applicant (if not the owner) and consolidated government empowered ADRC members (i.e., Atmos Energy, Board of Health).

d.

Within five days, exclusive of legal holidays, of receipt of the opinion of legal counsel relative to standing, the administrator shall, in the event that standing is not found to exist, notify the appellant, who shall have five days to advise the administrator of appellant's desire to have the issue of standing decided by the appropriate council. The administrator shall take the necessary steps to set the issue of standing on the agenda of the next available meeting of the appropriate council. Failure to timely request that the appropriate council decide the issue of standing shall cause the appeal to be rejected based on a lack of standing. The appropriate council shall preliminarily rule on the issue of standing only.

(b)

How do I start the process?

(1)

All appeals shall be received by the office of the administrator, by hand delivery, within the following time period (exclusive of legal holidays as defined in the Louisiana Code of Civil Procedure):

a.

within five days from the approval, denial or other final action of the appropriate planning and zoning commission with respect to an application; or

b.

within five days of distribution of an action letter, but in no event more than ten days from the approval, denial or other final action of the appropriate planning and zoning commission with respect to an application.

(2)

The date set forth on the appropriate commission's action letter is presumed to be the actual date of distribution of the letter.

(3)

Failure to file an appeal within the above referenced time frame precludes any subsequent appeal.

(c)

How do I know if my application is complete?

See section 89-48.

(d)

What kind of public notice is required?

The following notice is required for a hearing:

(e)

How are decisions made?

(1)

If the appellant has standing, the administrator, within five days exclusive of legal holidays, shall have the actual appeal placed on the agenda of the appropriate council to be set at either a regular or special council meeting, as may be determined by the chairman of the appropriate council considering the complexity of the issues, anticipated time to review and such other considerations as are appropriate.

(2)

The appropriate council shall review the appeal and, after public hearing, shall, by motion, second and a vote of a majority of the council members present, if a quorum of the authorized membership is present, approve, disapprove, or modify the action of the appropriate planning and zoning commission.

(f)

What are the standards for approval?

(1)

The appropriate council shall only consider those issues specifically raised by the appellant.

(2)

To the extent that there is no disagreement between the appellant, the appropriate commission and/or any opponents to the subdivision application, those matters shall not be before the council.

(g)

How is a decision appealed?

Appeal of any council action shall be made to the 15th Judicial District Court for the Parish of Lafayette within 30 days of the date of the council action.

(a)

When does this process apply?

This section applies to the designation of historic districts and Landmarks in the City of Lafayette and the unincorporated areas of Lafayette Parish.

(b)

How do I start the process?

(1)

An application for designation of historic districts and landmarks, in the form provided by CD&P, shall be filed with the administrator.

(c)

How do I know if my application is complete?

See §89-34.

(d)

What kind of public notice is required?

The following notice is required prior to action by the Lafayette Historic Preservation Commission and appropriate Planning Commission(s):

(e)

How are decisions made?

(1)

The administrator will evaluate the application for completeness and, to the extent complete, place the application in line for consideration by the LHPC.

(2)

The LHPC shall consider the merit of designation at a public hearing and shall recommend approval, approval with conditions, or denial of any request in a timely manner.

(3)

Following receipt of the recommendation of the LHPC, the appropriate planning commission(s) shall hold a public hearing on the designation and shall recommend approval, approval with conditions, or denial of any request in a timely manner.

(4)

Following the receipt of the recommendations of the LHPC and the appropriate planning commission(s), the Lafayette City Council and/or the Lafayette Parish Council, as the case may be, shall make the final determination regarding a designation, considering the recommendations of the LHPC and the appropriate planning commission(s), at a public hearing.

(f)

What are the standards for approval?

See §89-34.

(g)

How is a decision appealed?

Any appeal of a decision of the council(s) relative to the designation of a historic district or landmark shall be taken to the 15 ^th Judicial District Court of the Parish of Lafayette within 30 days of the date of the council(s) action.

(Ord. No. JO-057-2023, § 5, 9-19-23; Ord. No. JO-067-2024, 11-18-24)

(a)

When does this process apply?

A certificate of appropriateness ("COA") shall be required for any exterior change to any property within a designated historic district or landmark, or the demolition or relocation of a designated landmark or historic element within a historic district. Notwithstanding the foregoing, a COA is not required if the change(s) is determined to be ordinary maintenance and repair under the applicable design guidelines.

(b)

How do I start the process?

An application for a COA, in the form provided by CD&P, shall be filed with the administrator.

(c)

How do I know if my application is complete?

See §89-34.

(d)

What kind of public notice is required?

The following notice is required prior to action by the Lafayette Historic Preservation Commission:

(e)

How are decisions made?

(1)

Staff Level

a.

COAs for those changes that do not involve substantive changes of design, material, or of the outward appearance, and which are consistent with applicable design guidelines may be approved by the administrator without a public hearing provided that no work is performed prior to the issuance of the COA except as has been authorized by the administrator as an emergency repair.

b.

The administrator may approve, approve with modifications, or deny such application. The administrator's decision is considered final, subject to approval on a consent agenda at the next available meeting of the LHPC.

c.

The LHPC will create a consent agenda for approval of the administrator's decisions on the issuance of a staff level COA. The LHPC may approve those consent agenda items, in globo, at the public hearing. The LHPC may remove any item from the consent agenda and place it upon the regular agenda of the next available meeting and conduct a public hearing on that item. The LHPC may approve, approve with modifications, or deny such application.

d.

The applicant for a staff level COA that is denied by the administrator may appeal such denial to the LHPC for consideration at a public hearing by filing an appeal in writing to the office of the community development and planning department within ten working days from transmission of the denial to the applicant.

e.

Approved COAs may be revised by the administrator if the revision meets the requirements of a staff level application. All other revisions to an approved COA shall follow the public hearing level procedures in section 89-71(e)(2).

(2)

Public hearing level.

a.

Any application for a COA that involves substantive changes of design, material, or of the outward appearance, or which is inconsistent with applicable design guidelines, all applications for demolition and relocation, any application seeking approval for work done without first obtaining a COA, or those applications referred by the administrator, may only be approved by the LHPC after a public hearing.

b.

Within 45 days after the filing of an application, the LHPC shall act upon it and shall state its reasons for its decision and shall transmit a record of such actions and reasons, in writing, to the applicant.

c.

The LHPC shall approve the application with or without conditions and issue a COA if it finds that the proposed work is consistent with the applicable design guidelines and the applicable approval criteria established in the Lafayette Development Code.

d.

In cases where the application covers work that would require the issuance of a building permit, the rejection of the application for a COA by the LHPC shall be binding upon the building official or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.

e.

If the LHPC approves an application over which objections are raised during the review process, whether by an LHPC member or the public, the COA shall not be issued for a period of ten calendar days following the date of the LHPC's decision. If during that period an appeal is made to the appropriate council(s), the decision of the LHPC shall automatically be stayed pending council(s) review.

f.

Approved COAs may be revised by the administrator if the revision meets the requirements of a staff level application. All other revisions to an approved COA shall follow the public hearing level procedures in section 89-71(e)(2).

g.

Effect of denial of an application for demolition and relocation. If a COA for demolition/relocation is denied, no further applications may be considered for the subject matter of the denied application for one year from the date of the final decision unless the LHPC, by majority vote, waives the time limitation, finding that there are changed circumstances sufficient to warrant a new hearing.

(f)

What are the standards for approval?

See §89-34.

(g)

For how long is my certificate of appropriateness valid?

A COA shall become void unless the approved work is commenced within 12 months of the date of issuance, and completed within 12 months of commencement, but may be extended by the administrator, in consultation with the LHPC chairman, for up to two, one-year periods for good cause shown.

(h)

How is a decision appealed?

(1)

Any person adversely affected by any determination made by the LHPC relative to the issuance or denial of a COA may appeal such determination to the appropriate council(s); the appeal must be filed with the clerk of the council for the appropriate council(s) within ten calendar days of the date of the LHPC decision. The chairman of the council(s) with whom the appeal has been lodged shall have the right to stay all further action until the council(s) renders its decision on the appeal. The appeal shall be placed on the agenda(s) of either a regular or special meeting of the appropriate council(s), as may be determined by the chairman of the appropriate council(s) considering the complexity of the issues, anticipated time to review, and such other consideration as are appropriate, but in no event more than 45 days from the date of the filing of the appeal. The appropriate council(s) may approve, approve with modifications, or reverse the decision made by the LHPC.

(2)

Any appeal of a decision of the council(s) relative to the issuance of COAs shall be taken to the 15 ^th Judicial District Court of the Parish of Lafayette within 30 days of the date of the Council(s) action.

(Ord. No. JO-057-2023, § 5, 9-19-23)