(a)

Designation. The administrator is the official charged with administering this chapter.

(b)

Authority and duties.

(1)

Except where otherwise specifically provided in the LDC, the administrator is charged with administering the LDC.

(2)

The administrator may promulgate and make public reasonable rules and regulations for the purpose of proper enforcement of the provisions of this chapter, provided that the rules and regulations shall not be inconsistent with the provisions of this chapter, the LCG Charter, or the Constitution of the State of Louisiana.

(3)

The administrator has the authority and duties established in section 4-09 of the LCG Charter.

(4)

The administrator may delegate any of its authority or duties assigned by the LDC to any professional staff in DPD. In that case, any reference to the administrator in this chapter refers to that staff member when acting within the scope of their delegated authority.

(a)

Establishment. The city planning and zoning commission ("City Commission") and parish planning and zoning Commission ("Parish Commission") is established by section 4-10 of the LCG Charter.

(b)

Authority and duties.

(1)

The commissions have the authority and duties assigned in Section 4-10 of the LCG Charter and this chapter.

(2)

The commissions may establish any policy, procedure, rule, and/or regulation concerning the conduct of their respective affairs, including, but not limited to, the conduct of their meetings in their sole direction as they deem necessary for the conduct of their business.

(a)

Establishment.

(1)

As of the effective date of the Home Rule Charter, as amended, there was and continues to be in existence the Board of Zoning Adjustment. The Lafayette City Council and the Lafayette Parish Council reorganized that existing Board pursuant to Joint Ordinance No. JO-043-2020.

(2)

By adopting this chapter, the Lafayette City Council and Lafayette Parish Council hereby recognize the board of zoning adjustment previously established by Ordinance O-191, and reorganized by Ordinance O-180-1996, Ordinance O-333-1998, and Joint Ordinance JO-043-2020 of the Code of Ordinances of the City of Lafayette, Louisiana, and provide additional supplemental provisions below.

(3)

The board shall continue to be known as the board of zoning adjustment.

(b)

Members.

(1)

The board shall consist of five members and two alternate members.

(2)

Any member or alternate member must be a land owner in Lafayette Parish, Louisiana, as well as a registered voter and be domiciled within the corporate limits of the City of Lafayette, Louisiana, at the time of his/her appointment. He/she must remain a land owner in Lafayette Parish, Louisiana, as well as a registered voter and be domiciled within the corporate limits of the City of Lafayette, Louisiana during his/her term of office.

(3)

Alternate members shall serve only when called upon to comprise a full five-member board when a quorum is present. When serving, alternate members have all of the powers and duties of regular members.

(c)

Appointment.

(1)

The mayor-parish president shall directly appoint one member.

(2)

The Lafayette City Council, as a whole, shall directly appoint four members and two alternates. One of the four members shall be a minority as defined by La. R.S. 38:2233.2.

(d)

Removal, vacancies, and subsequent appointments.

(1)

All members are removable for cause by the appointing authority upon written charges and after public hearing as provided by La. R.S. 33:4727.

(2)

Any vacancy shall be filled for the unexpired term of any member whose term becomes vacant.

(3)

Subject to the foregoing, all of the above members shall continue to serve until the expiration date of their appointment.

(4)

Any appointment made after these initial appointments are removable for cause by the appointing authority upon written charges and after public hearing.

(e)

Term.

(1)

Members. Subject to the provisions established above, appointments of members are for a period of five years from the date of appointment as provided by La. R.S. 33:4727.

(2)

Alternate members. The term of each alternate member shall be three years.

(3)

Term limits. The limitation of service is three consecutive terms but in no case to exceed 12 consecutive years. Service of one-half or more of an unexpired term is considered a term within the meaning of this limitation.

(4)

Reappointment after term limit served. An individual may be reappointed to this Board after the term limit in subsection (3) expires only after four years elapses since the last day of service of that individual on this Board.

(5)

Notification of appointment. The appointing authority for any appointments shall communicate, in writing, to the clerk of the city council the name of the appointee, the name of this board, and the date of the appointment.

(f)

Authority and duties.

(1)

The board of zoning adjustment has the following powers:

a.

To hear and decide variances and appeals pursuant to article 4 of this chapter. (⇔ see section 89-68)

b.

To hear and decide all matters referred to it or upon which it is required to pass under this chapter.

c.

To adopt new, amended, or supplemental rules and regulations, which become effective only after they are approved in writing by the Lafayette City Council.

(2)

General policy. The board shall be subject to the general policy for all boards, commissions, and/or agencies established in any Resolution by the Lafayette City-Parish Council and/or the Lafayette City Council. The board shall also be subject to all applicable provisions of Louisiana law, including, but not limited to, La. R.S. 33:4727.

(g)

Meetings.

(1)

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

(2)

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

(3)

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

(4)

The board shall keep minutes of its meetings showing the vote of each member upon each question or if absent or failing to vote indicating the fact, and shall keep records of the examination and other official actions, all of which shall be filed immediately in the office of the board and shall be public records.

(5)

All testimony, objections thereto, and rulings thereon, shall be taken by an auditory recording or by a reporter employed by the board for that purpose.

(h)

Procedures.

(1)

The board may establish any policy, procedure, rule, and/or regulation concerning the conduct of its affairs, including, but not limited to, the conduct of its meetings as the board in its sole direction shall deem necessary for the conduct of its business.

(2)

The board shall elect, at its first meeting and annually thereafter, a chairman and a vice-chairman from its membership. The term of each office shall be for one year, with eligibility for reelection. Three members of the board shall constitute a quorum for all purposes.

(i)

Reports. The board shall keep an accurate record of all of its meetings and shall at least annually give to the Lafayette City Council a written report on the board's activities for the prior year. The Board shall provide to the clerk of the Lafayette City Council copies of the minutes of each of its meetings.

(j)

Audit. If the city council determines that this board is an entity which must be audited, the council shall have the right, by separate council resolution: (1) to select and designate an auditor for the board; (2) to determine the cost of any such audit; (3) to determine how the cost of such audit shall be paid. Furthermore, the Lafayette City Council will have the right to designate a private auditor to make any audit which it desires concerning the financial affairs of the board.

(k)

Budget. The annual proposed budget of the board, if any exists, shall be submitted by the Board to the Lafayette Mayor-President no later than 60 days before the end of the board's fiscal year. The mayor-president shall have the proposed budget reviewed and shall submit his/her findings, if any, to the Lafayette City Council, together with his/her recommendations, if any, within 30 days after his/her receipt of the proposed budget. The Lafayette City Council shall approve each annual budget for this board and shall have the ability to approve and/or deny any part or portion of the proposed budget of this board.

(l)

Legal representation. The Lafayette City-Parish Attorney, or his designee, shall serve as the legal advisor of this board.

(Ord. No. JO-021-2022, 3-22-22)

Editor's note— At city-parish's direction, Ord. No. JO-021-2022, adopted March 22, 2022, amended § 89-122(a)(3); Said ordinance did not expressly mention Article 7, but was included in exhibits to amend Ch. 89.

(a)

Establishment.

(1)

There is hereby created the office of hearing examiner.

(2)

The hearing examiner shall be the person who is serving as the administrator.

(3)

The hearing examiner may appoint a designee to perform their duties from time to time if they are unable to conduct certain hearings due to scheduling or other conflicts.

(b)

Authority and duties. The function of the hearing examiner is to:

(1)

Review subdivision plat applications which qualify under either R.S. 33:113 or 33:113.1 for approval without public hearing or which qualify for consideration and administrative approval.

(2)

When a plat application comes before the hearing examiner under article 4 of this chapter, approve or certify certain plats involving minor modifications of existing parcels.

(3)

On a monthly basis, provide the appropriate planning and zoning commission with a summary of all plats acted upon by the hearing examiner, so that the appropriate planning and zoning commission may review, analyze and otherwise monitor the activities of the hearing examiner.

(4)

Enforce the provisions of both state law and applicable subdivision regulations relative to the creation of illegal subdivisions and the territorial jurisdiction covered by the respective subdivision regulations. In that regard, the hearing examiner may take any one or more of the following actions:

a.

Deny the granting of building permits for the construction of improvements upon property which are subdivided without compliance with these subdivision regulations.

b.

Turn over to legal counsel for the LCG any found violations for purpose of prosecution under R.S. 33:114.

c.

Resort to such other remedies as are provided by state law or local ordinance.

(5)

Grant extensions of letters of credit as provided in article 4 of this chapter.

(Ord. No. JO-077-2022, § 8(Exh. H), 9-20-22)

(a)

Establishment. There is established an areawide development review committee ("ADRC") consisting of representatives of the various LCG departments and agencies, committees or boards with control over public facilities or services, or public or private utilities or franchises.

(b)

Authority and duties.

(1)

The ADRC may review plats is reviewed for compliance with drainage, transportation, zoning, utilities, and similar requirements of this chapter, and

(2)

Make a recommendation of approval, conditional approval or denial to the hearing examiner or appropriate planning and zoning commission.

Action Items (2.1.1, 4.1.3, 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.3.2)

(a)

Lafayette Historic Preservation Commission

(1)

The Lafayette Preservation Commission (previously designated under 89-34) shall continue in existence but shall hereinafter be known as the Lafayette Historic Preservation Commission ("LHPC"). The LHPC shall serve as a "Historic District Commission" pursuant to Louisiana Revised Statutes §25:732 to aid in the preservation and protection of buildings, sites, monuments, structures and areas of historic interest or importance through their protection, maintenance and development as historic landmarks and their recognition as such in the history and traditions of the state and nation; to establish and improve property values; and to foster the economic development of the areas affected.

(2)

Membership: The LHPC shall consist of seven members, one of which shall be a licensed architect. Two alternate members shall also be appointed. A quorum of the LHPC shall consist of a total of four members, which may include alternates. In an effort to maximize the number of members in attendance at LHPC meetings, even when a quorum is otherwise present, alternates may also be called upon to serve. When so serving, alternate members shall have all the powers and duties of regular members. Any member to be appointed must be a registered voter and domiciled in either the City of Lafayette corporate limits or in the unincorporated portions of Lafayette Parish, Louisiana at the time of his/her appointment and he/she must remain a registered voter and domiciled in either the City of Lafayette corporate limits or in the unincorporated portions of Lafayette Parish, Louisiana during his/her term of office. All members shall serve at the pleasure of the appointing authority.

(3)

Appointment and Terms

a.

The mayor-president shall appoint the members of the LHPC.

1.

One appointment shall be a minority as defined by LA. R.S. 38:2233.2.

2.

One appointment shall be a person who is a licensed architect.

b.

LHPC appointments shall be subject to approval, jointly, by majority vote of each the Lafayette City Council and Lafayette Parish Council.

c.

In making appointments, preference shall be given to individuals with demonstrated interest or expertise in historic preservation, including representatives from historical, cultural, business, educational, archeological, architectural, developmental, artistic, commercial, and preservation organizations.

d.

All members shall be appointed for terms of four years.

e.

The limitations of service shall be three consecutive terms but in no case to exceed 12 consecutive years. Service of one-half (1/2) or more of an unexpired term shall be considered a term within the meaning of this limitation.

f.

In order for an individual to be considered for reappointment to the LHPC, on which that person served the maximum length of time allowed, a period of four years must elapse since the last day of service.

g.

Vacancies shall be filled by appointment in the same manner as the original appointments and members may be re-appointed for another term if eligible.

h.

The appointing authority for any appointment shall communicate, in writing, to the Clerk of the Lafayette Parish Council and the Lafayette City Council the name of the appointee to the LHPC and the date of the appointment.

(4)

Officers/quorum: The LHPC shall elect, at its first meeting and annually thereafter, a chairman and vice chairman from its membership. The term of each officer shall be one year, with eligibility for reelection. Four members of the LHPC shall constitute a quorum for all purposes.

a.

Meetings of the LHPC shall be held at the call of the chairman and at such other time as the LHPC may determine.

b.

The LHPC may establish any policy, procedure, rule and/or regulation concerning the conduct of its affairs, including but not limited to, the conduct of its meetings as the LHPC in its sole discretion shall deem necessary for the conduct of its business.

c.

The staff of the LHPC, to the extent funds are available, may provide public information and technical assistance to owners of landmarks or properties within historic districts, including, but not limited to:

1.

Lafayette Historic Preservation Commission brochures;

2.

Periodic newsletters and mailings;

3.

Neighborhood workshops;

4.

Annual reports;

5.

Glossary of terms; and

6.

List of architects, contractors, subcontractors, and crafts people working on older structures in the area for possible aid and guidance.

d.

For exercising and coordinating its functions as specified, the LHPC shall be provided with a staff person, to the extent that funds are available, from LCG.

(5)

Committees: The LHPC shall have the power to designate and appoint, from among its members, various committees with such powers and duties as the LHPC may prescribe, provided that said powers and duties do not violate any law of the State of Louisiana, the City of Lafayette, the Parish of Lafayette, and/or the Lafayette City-Parish Consolidated Government.

(6)

Powers and authorities: The powers and authorities of the LHPC shall be as follows:

a.

Protect, enhance, and perpetuate resources that represent distinctive and significant elements of the City and Parish of Lafayette's historical, cultural, social, economic, political, archaeological, and architectural identity;

b.

Provide a review process for the preservation and appropriate development of the City and Parish's resources, including the development and approval of design guidelines for use in this purpose as well as review applications for certificates of appropriateness on private property, and approve, approve with modifications, or deny the certificates of appropriateness in accordance with the provisions of the Lafayette Development Code;

c.

To conduct educational programs on historic preservation;

d.

Advise any governmental agency of the State or local government prior to the initiation of any substantive change, modification, renovation, restoration or construction to or upon any historic site within the LHPC's jurisdiction, pursuant to Louisiana Revised Statutes §25:742;

e.

Prepare an inventory of all property within its jurisdiction having the potential for designation as historic property;

f.

For pending applications, recommend to the appropriate planning commission(s) and the appropriate council(s) specific places, districts, sites, buildings, structures, objects, or works of art to be designated by ordinance as historic properties;

g.

Recommend to the appropriate planning commission(s) and the appropriate council(s) that the designation of any historic place, district, site, building, structure, object, or work of art as historic property be revoked or removed;

h.

Recommend restoration or preservation guidelines of any properties acquired by the City of Lafayette, Parish of Lafayette, and/or the Lafayette City-Parish Government;

i.

Promote the acquisition by the City of Lafayette, Parish of Lafayette, and/or the Lafayette City-Parish Government of preservation easements;

j.

Make such investigation and studies of matters relating to historic preservation as the appropriate council(s) or the LHPC may, from time to time, deem necessary or appropriate;

k.

Apply for State and federal funds for historic preservation, and make recommendations to the appropriate council(s) concerning the most appropriate uses of any funds acquired;

l.

Consult with experts;

m.

Maintain certified local government status with the division of historic preservation of the department of culture, recreation, and tourism;

n.

Perform historic preservation activities as the official agency of the Lafayette City-Parish Consolidated Government;

o.

Recommend to the appropriate council(s) the acquisition or sale of historic properties or the acceptance by the City of Lafayette, Parish of Lafayette, and/or the Lafayette City-Parish Government of donations, grants, funds, or gifts of historic property on behalf of the LHPC;

p.

Recommend to the appropriate council(s) incentives that can be expected to encourage the preservation of the community's historic resources and provide a positive incentive to affected property owners;

q.

To review zoning for areas affecting historic districts and landmarks;

r.

To promote tax incentives and financial incentives;

s.

To review all public and private projects affecting historically significant resources;

t.

To recommend appropriate legislation for the preservation of any building, structure, site, monument, area or other landmark named or designated as historic;

u.

To set the standards for review of demolition or relocation permits with reference to properties designated as Landmarks or properties within historic districts and to review all applications for permits proposing demolition or relocation of all or any part of any building, structure, monument or other landmark named and designated as historic;

v.

To stimulate revitalization of business districts and historic neighborhoods and to protect and enhance local historical and aesthetic attractions to tourists and thereby promote business;

w.

To prepare and maintain an up-to-date inventory of all historic districts and landmarks;

x.

To establish uniform procedures for the protection, enhancement and perpetuation of places, districts, sites, buildings, structures and works of public art having a special historical, cultural or aesthetic significance, interest or value;

y.

To make further recommendations concerning historic preservation and carry out such further functions and duties as may be assigned to it from time to time by LCG; and

z.

To institute suit in any court of competent jurisdiction to prevent any unlawful action in violation of the provisions regarding historic preservation or of any of the rules and regulations adopted by the Lafayette City Council and/or the Lafayette Parish Council.

(7)

The Lafayette City-Parish Attorney, or his/her designee, shall serve as the legal advisor to the LHPC.

(8)

Reports: The LHPC shall keep an accurate record of all of its meetings and shall, at least annually, give to the Lafayette City Council and Lafayette Parish Council a written report on the activities of the LHPC for the prior year. The LHPC shall provide to the Clerk of the Lafayette City Council and the Lafayette Parish Council copies of the minutes of each of its meetings.

(9)

Audit: To the extent that the LHPC should be audited, the Lafayette City Council and the Lafayette Parish Council shall have the right, jointly, by ordinance, to (1) select and designate the auditor for the LHPC; (2) determine the cost of any such audit; and (3) determine how the cost of such audits shall be paid. Furthermore, the Lafayette City Council and the Lafayette Parish Council will have the right, jointly, by ordinance, to designate a private auditor to make any audit, which they desire, concerning the financial affairs of this LHPC.

(10)

Budget: The annual proposed budget of the LHPC, if any exists, shall be submitted by the LHPC to the Lafayette City Council and the Lafayette Parish Council no later than 30 days before the end of the LHPC's fiscal year. The Lafayette City Council and the Lafayette Parish Council shall, jointly, by resolution, approve or deny the proposed budget, or any part or portion thereof, for the LHPC.

(11)

Appeal: Any person adversely affected by any decision, act, or proceeding of the LHPC may appeal 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 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 reject the decision, act, or proceeding of the LHPC.

(Ord. No. JO-057-2023, § 6, 9-19-23)