The use of improved techniques for land development is often difficult under traditional zoning regulations designed to control single buildings on individual lots. Private redevelopment of congested and blighted areas within the City of Lake Charles, together with advantageous development of larger areas of substantially vacant land, require that a more flexible approach be available to both the city and the landowner.

Except as otherwise provided in this part, planned developments shall be permitted in any district in accordance with the standards and procedures set forth in this part.

Except as otherwise provided in this part, there shall be no minimum lot size for development of a planned development.

There shall be no minimum lot size for a planned development except:

(1)

A planned development which included only dwelling units and which is located in a Residential Dwellings District or a Neighborhood District shall occupy no less that one acre of land. All other planned developments in Residential Dwellings Districts and Neighborhood District shall occupy no less than three acres of land.

(1)

Planned developments in districts marked with an "x" shall be approved as a minor conditional use, pursuant to the procedures set out in Section 24-4-203 of this Ordinance and the procedures and standards of this part. When such planned development involves a subdivision of land for which planning commission approval is required by the subdivision regulations of the City of Lake Charles, a conditional use permit shall not be approved for such development until the final subdivision plat has been approved by the planning commission.

(2)

Planned developments other than those provided in subsection (1) above shall be approved as a major conditional use, pursuant to the procedures set out in Section 24-4-203 of this Ordinance and the procedures and standards of this part.

Except as modified by and approved in the approved conditional use permit a planned development shall be governed by the regulations of the district or districts in which the planned development is located.

A conditional use permit approving the final development plan may provide for deviations from district regulations governing use, lot size, bulk, parking and subdivisions standards and regulations, as may be necessary or desirable to achieve the objectives of the proposed planned development, provided that such deviations are consistent with the standards and criteria contained in this part and further provided that no modification of the district regulations or the subdivision standards and regulations may be allowed when such proposed modification would result in:

(1)

Inconvenient or unsafe access to the planned development;

(2)

Undue traffic congestion in the streets which adjoin the planned development;

(3)

An undue or disproportionate burden on public parks, recreational areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development; or

(4)

A development which will be incompatible with the purpose of this Ordinance.

Subject to review by the city council in accordance with the provisions of Sections 24-4-203(4) and 24-4-203(5) of this Ordinance, the planning commission may grant a conditional use permit which modifies the applicable zoning district regulations and subdivision regulations upon finding that the planned development meets the applicable standards and criteria contained in this part and the standards applicable to all conditional uses in Section 24-4-203(2).

(1)

The proposed development will not injure or damage the use, value and enjoyment of the surrounding property nor hinder or prevent the development of surrounding property in accordance with the current published policies and plans of the City of Lake Charles;

(2)

The proposed development can be substantially completed within the period of time specified in the schedule of development submitted by the applicant;

(3)

The entire tract or parcel of land to be occupied by the proposed development shall be held in single ownership, or if there are two or more owners, the application for such proposed development shall be filed jointly by all such owners;

(4)

A potable water supply, community wastewater treatment and disposal, and stormwater drainage facilities that are adequate to serve the proposed development have been or shall be provided;

(5)

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas, or accessways, shall be landscaped or otherwise improved;

(6)

The dominant use in the proposed planned development shall be consistent with the recommendations of the published policies and plans of the City of Lake Charles for the area containing the project, including Article III of this Ordinance;

(7)

Any modification of the zoning or other regulations that would otherwise be applicable to the site are warranted by the design of the development plan, and the amenities incorporated in it, and are consistent with the interest of the public generally;

(8)

The density or intensity of a planned development shall not exceed two times the density or intensity permitted in the underlying zoning district in which the planned development is to be located.

The development plan for a planned development shall contain such proposed covenants, easements and other provisions relating to the bulk and location of buildings, uses and structures, and public facilities as are necessary for the welfare of the planned development and as are consistent with the best interest of the city.

Such covenants, easements and other provisions, if part of the development plan is finally approved, may be modified, removed or released only with the consent of the city council after a public hearing before, and recommendation by, the planning commission. All such covenants shall specifically provide for enforcement by the city in addition to the landowners within the development.

In addition to the standards and criteria set forth in Section 24-5-406, planned residential developments shall comply with the following standards and criteria:

(1)

Perimeter setback requirements. All buildings, on the perimeter of a planned development shall be located in such a way that the front, side or rear yard setbacks on the perimeter of the development shall not be less than those required by the zoning ordinance for the district in which such development is located, or which such development abuts, whichever are more restrictive. Greater setbacks may be required when necessary to protect the privacy of residents in both a planned residential development and the existing adjacent uses.

(2)

Screening requirements. If topographical or other barriers do not provide adequate privacy for the planned residential development and for existing uses adjacent to the development, or when nonresidential uses or structures in the planned residential development abut a residence or residentially zoned district, or when nonresidential uses or structures abut residential buildings in the same development; all structures located along the perimeter of the planned residential development shall be permanently screened by utilizing one of the following techniques:

(a)

A neat, orderly or healthy screen of evergreen or other suitable plant material not less than three feet in height at planting;

(b)

A wooden, masonry or other fence with a maximum height of six feet; or

(c)

Any other method which will provide sight-proof screening of the adjacent uses.

(3)

Useability and preservation of common open space. If common open space is provided, it shall meet the following standards:

(a)

The location, shape, size and character of the common open space must be suitable for the planned residential development;

(b)

Common space must be useable for recreational purposes or for provision of visual, aesthetic and environmental amenities. The uses authorized for the common space must be appropriate to the scale and character of the planned residential development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided;

(c)

Layout of parking and loading areas, service areas, entrances, exits, yards, courts and landscaping and the control of signs, lighting, noise or other potentially adverse influences shall be such that residential areas within or adjoining the development shall be protected;

(d)

Such facilities by reason of their location, construction, manner of timing of operation shall avoid adverse effects on residential uses within or adjoining the development, and traffic congestion or hazard to vehicular or pedestrian traffic;

(e)

Common open space must be improved except that areas containing natural features worthy of preservation may be left unimproved. The buildings, structures, and improvements located in the common open space must be appropriate to the uses which are authorized therefore, and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition;

(f)

The development schedule which is part of the final development plan must coordinate the improvement of the common open space, the construction of the buildings, structures, and improvements in the common open space, and the construction of residential dwellings in the planned residential development, but in no event shall building permits for any phase of a final development plan be issued unless and until the open space which is part of that phase has been dedicated and improved;

(g)

No portion of a planned residential development shall be conveyed or dedicated to public use by the developer or any other person to any public body or homeowner's association unless the character and quality of the tract to be conveyed makes it suitable for the purposes for which it is intended, taking into consideration the size and character of the dwellings to be constructed within the planned residential development, the topography and existing trees, ground cover, and other natural features; the manner in which the open space is to be improved and maintained for recreational or amenity purposes; and the existence of public parks or other public recreational facilities in the vicinity;

(h)

All land shown on the final development plan as common open space must either be:

(i)

Conveyed to a public body, if said public body agrees to accept conveyance and to maintain the common open space and any buildings, structures or improvements which have been placed on it; or

(ii)

Conveyed to a homeowner's association or similar group organized for the purpose, among others, of owning and maintaining common buildings, areas and land within the planned residential development. The common open space must be conveyed subject to the covenants required by Section 24-5-407 which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures use for its intended purpose.

(4)

Accessibility of site. Any streets, alleys and driveways proposed shall be adequate to serve the residents, occupants, visitors and other anticipated traffic of the planned residential development, but may be designed to discourage through traffic from traversing the development. Traffic controls on public roadways within or adjacent to the development will be provided by the city council as and where determined necessary by the city council, but the city council may require, as a condition of approval of a proposed planned residential development, that the cost of installing such traffic controls be borne by the developer. Traffic-control device installations shall be in accordance with the installation schedules and standards as ordinarily applied on all public streets. If traffic control devices are required to prevent or relieve hazards or congestion on adjacent streets and the proposed control device is not within the normal or scheduled sequences of installations, such devices may be provided by the developer upon permission by the city council for installation by the city.

(5)

Off-street parking. Off-street parking shall be conveniently accessible to all dwelling units and other uses. Where appropriate, common driveways, parking areas, walks and steps may be provided, maintained and lighted for night use.

(6)

Pedestrian circulation. The pedestrian circulation system and its related walkways shall be insulated as completely as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement This may include pedestrian underpasses or overpasses in the vicinity of schools, playgrounds, local shopping areas, nonresidential areas and other neighborhood uses which generate a considerable amount of pedestrian traffic.

(7)

Utilities. The planned residential development shall provide, if possible, for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of stormwater facilities including grading, gutter, piping, and treatment of turf and maintenance of facilities.

(8)

Privacy. The planned residential development shall provide reasonable visual and acoustical privacy for dwelling units including fences, insulation, walks, barriers, protection and aesthetic enhancement of property and the privacy of its occupants. High-rise buildings shall be located within the development in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

(9)

Neighborhood commercial centers. Neighborhood commercial centers may be located within a planned residential development subject to the following restrictions:

(a)

Such centers shall be located, designed and operated to serve primarily the needs of residents within the planned residential development and shall have direct pedestrian access to residential areas;

(b)

The lot area of such centers shall not exceed 20 per cent of the total lot area of the planned residential development.

In addition to the standards and criteria set forth in Sections 24-5-405, 24-5-406, and 24-5-407, planned developments which contain commercial and/or industrial uses shall comply with the following standards and criteria:

(1)

Residential use. No buildings shall be designed, constructed, structurally altered or used for dwelling purposes in a planned development which includes an industrial use.

(2)

Perimeter setback. No building or other structure that exceeds 35 feet in height shall be located within 25 feet of the lot line of such development. In no event shall any building in a planned commercial or industrial development be located nearer than 50 feet to a residential building.

(3)

Screening. When structures or uses in a planned commercial or industrial development abut a residence district or residential buildings in the same development, sight-proof screening shall be provided in accordance with the specifications set forth in Section 24-5-209(4) of this Ordinance for major differences in land use.

(4)

Display of merchandise. All business, manufacturing and processing, shall be conducted, and all merchandise and materials shall be displayed and stored within a completely enclosed structure, provided, however, that when an automobile service station is permitted in a planned commercial development, gasoline may be sold from pumps outside of a structure.

(5)

Accessibility. The site shall be accessible from public roads that are adequate to carry the traffic that will be generated by the proposed development and the streets and driveways on the site of the proposed development will be adequate to serve the enterprises located in the proposed development. Traffic control signals shall be provided without expense to the city when the city council determines that such signals are required to prevent traffic hazards or congestion in adjacent streets.

(6)

Utilities. The planned commercial or industrial development shall provide, if possible, for underground installation of utilities including electricity and telephone in both publicways and private extensions thereof. Provisions shall be made for acceptable design and construction of stormwater facilities including grading, gutter, piping, and treatment of turf.

(7)

Landscaping. The location and arrangement of buildings, parking areas, roads, driveways and other features shall be adjusted to the surrounding land uses. Parts of the site not used for structures, parking and accessways shall be landscaped with grass, trees and shrubs sufficient in character and extent to form a permanent screen.

(8)

Storage. No materials, products or equipment shall be stored in the open on the site.

(9)

Roads. All roads, parking and loading areas and walks shall be suitably graded and drained and paved with hard-surface material meeting all applicable specifications.

(10)

Industrial uses. Office, laboratory and manufacturing uses which do not create any danger to health and safety, in surrounding areas and which do not generate any offensive noise, vibration, smoke, dust, odors, heat or glare and which, by reason of high value in relation to size and weight of merchandise handled, create very little traffic may be included in the planned development.

Planned developments which do not qualify as a planned residential development and which are not exclusively intended for commercial or industrial uses shall be subject to all relevant standards governing both planned residential and planned commercial or industrial developments.

In addition to the standards and criteria set forth in Sections 24-5-405, 24-5-406, and 24-5-407, planned mobile home communities shall comply with the following standards and criteria.

(a)

Purpose. The city council finds that properly planned and operated mobile home communities: (1) promote the safety and health of the residents of the City of Lake Charles; (2) encourage economical and orderly development of such communities and of other nearby communities. It is, therefore, declared to be the policy of the city to eliminate and prevent health and safety hazards and to promote the economical and orderly development and utilization of land by providing for planned mobile home communities by providing for the standards and regulations necessary to accomplish these purposes. This section is enacted in order to achieve orderly development of mobile home communities, to promote and develop the use of land to minimize possible impacts, and to promote the health, safety and general welfare of the public.

(b)

Applicability. This section shall apply to any mobile home community to be located within the city limits.

(c)

Definitions.

Accessory structure means any structural addition to the recreational vehicle or site, including, but limited to, awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.

Biodegradable means any substance or object that is capable of being decomposed by biological agents, especially bacteria or other living organisms.

Building official means the employee of the city responsible for the inspection of electrical, mechanical, and plumbing associated with a property.

Code official means the employee of the city or his/her designee charged with the enforcement of the provisions of this section.

Dry hydrant means an unpressurized, permanently installed pipe that has one end below the water level of a lake, pond or container.

Full-time employee means a person who is responsible for maintenance of the mobile home community seven days per week. This person may or may not be the owner of the community.

Mobile home means a moveable or portable structure designed and constructed on its own chassis and designed to be connected to utilities for year-round occupancy as a dwelling. A mobile home is not a recreational vehicle as defined in Section 6-42 of the Code of Ordinances.

Mobile home community means a unified development of mobile home sites intending for residential use. A mobile home community is an alternative to subdivision or other multi-family residential developments.

Mobile home site means that part of a mobile home community that has been reserved for the placement of one mobile home.

Opaque fence means a fence made of solid materials designed to shield the mobile home community from public view, i.e. is difficult to see through.

Permittee or agent means a person who may or may not own the mobile home community but is the person responsible for the day-to-day operations, including records of the park and compliance with the conditions of the permit.

Sample point means a fitting shall be installed at the property line where the permittee's sewer line and the city's sewer line connect. This fitting shall be installed as a vertical riser of four inches in circumference, shall extend four to six inches above grade, and shall be suitable for use in the detection of non-biodegradable materials.

(d)

Occupational license.

(1)

Required. It shall be unlawful for any person to operate any mobile home community within the city limits unless he/she holds a valid occupational license issued annually by the City of Lake Charles in the name of such person for the specific park. The applicant shall submit all applications for the permits on forms furnished by the City of Lake Charles Occupational License Department. A certificate of occupancy will also be required prior to receiving the occupational license.

(2)

Fee. Prior to issuance of the occupational license, each applicant shall pay a $100.00 inspection fee for verification that the mobile home community has been constructed in accordance with the terms and conditions of the application and plans submitted. This inspection fee is in addition to all required building permit fees. The city may reinspect the park at any time, upon reasonable notice to the owner/permittee to verify compliance with the terms and conditions of this section.

(3)

Hearing on denial. Any person whose application for an occupational license under this section has been denied may request, within 15 days of the notification of the decision to deny the permit and shall be granted, a hearing on this matter before the planning and zoning commission for approval or disapproval of the permit. An aggrieved applicant may appeal an adverse decision of the planning and zoning commission to the city council within 15 days of the notification of the decision of the commission by filing a written request for a hearing with the clerk of the city council.

(e)

Suspension.

(1)

Whenever, upon inspection of any mobile home community, the city finds that conditions or practices exist which are in violation of any provisions of this section applicable to such park, the city shall give a notice of code violation in writing to the owner and/or manager of the park, and if such conditions or practices have not been corrected in the timeframe set forth in the notice, the city may suspend the occupational license and give written notice of such suspension for the health, safety, and welfare of its citizens. Upon suspension of the occupational license, the owner shall cease operation of such park.

(2)

Code violations may be appealed to the administrative hearing officer as set forth in subsection (f)(3) of this section.

(f)

Inspections.

(1)

Authorized to enter premises. Upon the reasonable suspicion that a violation of any provision of this section has occurred, the building official and code official shall have the authorization to enter at reasonable times upon any private or public property within the purpose of inspecting and investigating conditions relating to the enforcement of this section.

(2)

Notice of violation. Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this section, the City of Lake Charles shall give notice of such alleged code violation to the owner or agent, as hereinafter provided. Such notice shall:

a.

Be in writing.

b.

Include a statement of the reasons for its issuance.

c.

Allow ten days for compliance.

d.

Be served upon the owner or his agent, provided that such notice or order shall be deemed to have been properly served upon such permittee or agent when a copy thereof has been served in person or sent by certified mail to his/her last known address.

e.

Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this section.

f.

After all procedures outlined above are exhausted, citations may be issued.

(3)

Appeal from notice. Any owner affected by any notice that has been issued in connection with the enforcement of any provision of this section applicable to such mobile home community may request a hearing before the administrative adjudication hearing officer; provided that such person shall file, within ten days after receipt of the notice was served, a written petition requesting such hearing with the director of planning and setting forth a brief statement of the grounds thereof. The hearing procedure by the administrative adjudication hearing officer shall follow Section 2-101 et seq. of the Code of Ordinances. The filing of a request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under subsection (f)(4) of this section.

(4)

Issuance of order. After such hearing, the administrative adjudication hearing officer shall issue an order in writing sustaining, modifying, or withdrawing the notice of suspension, which order shall be served by certified mail upon the petitioner. Any failure to comply with an order sustaining or modifying the finding of a violation shall constitute grounds for immediate revocation of the permit of the park affected by the order.

(5)

Order without notice. Whenever the city finds that an emergency exists which requires immediate action to protect the public health or safety, the designated official may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring the action to be taken as deemed necessary to meet the emergency. Notwithstanding any other provisions of this section, such order shall be effective immediately, but upon written petition to the city shall be afforded a hearing as soon as possible. The provisions of subsection (4)(3) of this section shall be applicable to such hearing and the order issued thereafter.

(g)

Violations declared nuisance; abatement; penalty. Any noncompliance with this section is hereby deemed a nuisance. The city may abate and remove the nuisance and punish the person(s) responsible for causing or allowing the nuisance condition to exist. Any person(s) violating this section shall be subject to a fine not to exceed $500.00 for each provision violated, and each day that there is a failure to comply with the terms of any provision of this section is declared to be a separate offense. For violations of the provisions of this section that govern fire safety, zoning, or public health and sanitation, including dumping of refuse, the fine may not exceed $2,000.00 per day, per violation. Any code official shall be the authority of the jurisdiction responsible for the issuance of citations and any action deemed necessary for the enforcement of this section.

(h)

Site development plan. A site development plan must be prepared and submitted to staff and must include the requirements for site plans contained herein.

(1)

Location and fencing.

a.

Mobile home communities shall be located in an approved zoning district and regulated by subsection (h)(7) of this section.

b.

At a minimum, a fence at least six feet in height constructed of wood or a screened metal fence must be placed on the sides and rear property line to buffer the mobile home community from view. The front/entrance of the mobile home community shall meet the city's landscape ordinance requirements (Section 24-5-210).

(2)

Size and density. Each mobile home community must have a minimum of five acres. Only one mobile home is permitted per mobile home site.

(3)

Size of individual sites; pad requirements; mobile home skirting; landscaping.

a.

Each mobile home site within the mobile home community shall have a minimum area of 4,500 square feet, with no dimension less than 40 feet. All sites shall be parallel to one another, perpendicular to the community streets.

b.

The parking area for each mobile home site shall accommodate two vehicles and must be paved with impervious materials such as cement or asphalt. Each vehicle parking area shall have a minimum dimension of nine feet by 18 feet. The remaining area must be planted with grass and other landscaping.

c.

All mobile homes located in the community shall be skirted with an approved mobile home skirting material. The skirting shall be maintained in good condition.

d.

The minimum setbacks for mobile homes on a mobile home site shall be:

1.

Front: 15 feet from the community street.

2.

Rear: Eight feet from the rear site line.

3.

Side: Five feet side site line.

i.

In addition, the minimum distance between mobile homes shall be 25 feet.

4.

All measurements in this section are determined after final placement of the mobile home.

e.

Accessory structures.

1.

Accessory structures shall be no closer than five feet from the boundary of the mobile home site.

2.

Accessory structures include storage buildings, carports, porches, and the like.

3.

Door landings smaller than four feet by four feet and driveways are not considered to be accessory structures.

f.

Buffer yard. All mobile home communities shall have a minimum 20-foot buffer yard surrounding the development. Mobile home sites shall not extend into the buffer yard.

(4)

Street access; street lighting.

a.

Each mobile home site within the community shall have access to an internal private roadway not less than 18 feet in width, which shall have access to a public street. The entrance of the internal roadway shall have pavement wide enough to permit free movement of emergency vehicles in accordance with city standards. All internal streets are to be constructed with asphalt or concrete materials with the objective to prohibit dust.

b.

Street lighting for the mobile home community shall be installed to minimize offsite reflection.

(5)

Soil and ground cover. Exposed ground surfaces in all parts of the mobile home community shall be paved, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust.

(6)

Area designated for mobile home communities. Mobile home communities may be only located in an area zoned "business" subject to Section 24-5-404 of this Ordinance.

(7)

Mobile home communities shall meet the development standards of Article V, Part 2, Section 24-5-213 of this Ordinance.

(i)

Drainage (stormwater management). The ground surface in all parts of the mobile home community shall be graded and designed to drain all stormwater [and] surface water in a safe, efficient manner to city stormwater drains. A drainage study shall be required if the total of nonpervious surfaces are 40,000 square feet or above by a permitted professional engineer and easements for the conveyance of surface water off-site shall be obtained, if necessary.

(j)

Water supply. Each site within a mobile home community shall be provided with a connection to the city water supply if available. If city water supply is not available then a permit from the appropriate authorities shall be obtained to install a well. The city must approve all proposed water facility plans prior to permitting. The city will provide a single metered tie-in point for the development.

(k)

Wastewater facilities. Each site within the mobile home community shall be provided with a connection for wastewater if available. If city wastewater is not available then a permit shall be obtained prior to placement of an on-site sewage facility. All proposed wastewater service lines shall be connected to the city wastewater system if available. The city will provide a single tie-in point for the development.

Mobile home communities must submit a wastewater division permit application for approval prior to construction of the facility. Wastewater division will permit and/or issue a BMP policy for the project.

(l)

Electrical service. Each site within the mobile home community shall be provided with electrical service. All electrical service shall be underground and installed in accordance with the current National Electrical Code adopted by the City of Lake Charles.

(m)

Storage, collection and disposal of refuse and garbage. Each mobile home community shall be provided with safe and adequate facilities for the collection and removal of waste and garbage. Storage, collection, and handling shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, or fire hazards. Every site shall be located within 200 feet of a refuse facility measured along the mobile home community internal roadway. Trash dumpsters shall be screened on three sides.

(n)

Property maintenance. Mobile home community grounds shall be maintained in a clean and orderly condition in accordance with City Code of Ordinances, including, but not limited to, Section 10-25, lot cleanliness, and Section 13-15, storage of abandoned or junk materials.

(o)

Fire safety standards; fire hydrants. The mobile home community must comply with the current International Fire Code (IFC), which is the current fire code for the Lake Charles Fire Department.

(1)

Fire apparatus access roads dead ends in excess of 150 feet shall be provided with an approved turnaround IFC Table D103.4. It is preferable that internal roads within the community be looped together at the rear of the development.

(p)

Existing mobile home communities.

(1)

Each mobile home community that has existing sites for recreational vehicles (as defined in Section 6-42 of this Code) prior to the adoption of this Ordinance shall be permitted to utilize this space for recreational vehicles.

(2)

However, in no instance shall a new mobile home community to be located within the city limits of the City of Lake Charles be allowed to house recreational vehicles or have dedicated spaces for recreational vehicles.

(3)

Recreational vehicles shall only be allowed in a recreational vehicle park, as provided in Section 6-42 of this Code. No mobile home shall be permitted in a recreational vehicle (RV) park.

(Ord. No. 17579, § 1, 5-18-16; Ord. No. 18204, §§ 1, 2, 7-18-18)

An application for preliminary development plan approval shall be submitted to the director of planning for all planned developments which contain a gross area of five or more acres, or which involve a subdivision of land for which a preliminary plat approval is required by the subdivision regulations of the City of Lake Charles. The application shall be submitted in accordance with the provisions of Section 24-4-201(1)—(3), accompanied by a nonrefundable fee as established from time to time by the city council.

(1)

Within 60 days of receiving a preliminary development plan complete in all respects, or a final development plan in the event a preliminary development plan is not required, the application shall be approved, approved with conditions, or disapproved in accordance with the applicable procedures in Sections 24-4-203 and 24-5-404.

(2)

No building shall be issued and no plats recorded for any parcel which is subject to an approved preliminary development plan until a final development plan has been approved. However, the approval of the preliminary development plan shall bind the applicant and the city with respect to the following parameters of development.

(a)

Categories of uses to be permitted;

(b)

Overall maximum density of residential uses and intensity of nonresidential uses;

(c)

General location of vehicular and pedestrian circulation systems;

(d)

General location and extent of public and private open space;

(e)

General location of residential and nonresidential land uses;

(f)

Staging of development; and

(g)

Exception to district regulations.

(3)

Unless the applicant shall fail to meet time schedules for filing final development plans or shall fail to comply with any condition of this part or any approval granted pursuant to it, a preliminary development plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired, pending the application for approval of a final development plan, by any action of the city without the consent of the applicant.

An application for final development plan approval shall be submitted to the director of planning in accordance with the provisions of Section 24-4-201(1)—(3), accompanied by a nonrefundable fee as established from time to time by the city council.

(1)

If the preliminary development plan approval provides for staged development, the applicant may request final approval of only a portion of the land included in the plan, and may delay, within the time authorized by the preliminary development plan approval, application for final approval of other portions.

(2)

A plan submitted for final approval may be deemed to be in substantial compliance with the preliminary development plan provided any modification by applicant of the preliminary development plan does not:

(a)

Vary the proposed gross density or intensity of use by more than ten per cent;

(b)

Involve a reduction of the area set aside for common open space;

(c)

Increase by more than five per cent the floor area proposed for nonresidential use;

(d)

Increase by more than ten per cent the total ground area covered by building;

(e)

Relocate approved circulation elements to any extent that would adversely affect their relation to surrounding lands and circulation elements or reduce their effectiveness as buffers or amenities;

(f)

Significantly alter the arrangement of land uses within the planned development;

(g)

Delay by more than one year any stage of an approved staging plan or significantly alter the content of any such stage; and

(h)

Modify the location and design of streets or facilities for water and for disposal of stormwater and sanitary sewerage.

(1)

If the director of planning finds that the final development plan is in substantial compliance with the preliminary development plan, the application shall be reviewed and approved in accordance with the applicable procedures in Section 24-4-203. If the final development plan contains no variations from the approved preliminary development plan, the review and approval of the final development plan shall follow the procedure set forth in Section 24-4-203(4) for a minor conditional use.

(2)

In the event the plan contains variations from the approved preliminary development plan but remains in substantial compliance with the preliminary development plan, the planning commission may, after a meeting with the applicant, refuse to approve the final development plan and shall, within 30 days from the filing of the final development plan, so advise the applicant in writing of said refusal, setting forth in the notice the reasons why one or more of the variations are not in the public interest.

(3)

In the event of such refusal, the applicant may file his application for final approval without the variations objected to by the planning commission. If the applicant shall fail to refile within 30 days, he shall be deemed to have refused to accept such requirements and final approval shall be deemed to have been denied.

(1)

In the event that the final development plan is not in substantial compliance with the preliminary development plan the planning commission shall, within 30 days of the date the application for final approval is filed, so notify the applicant in writing, setting forth the particular ways in which the plan is not in substantial compliance.

(2)

The applicant may either refile his plan in form which is in substantial compliance with the preliminary development plan, or he shall file a written request with the planning commission that it hold a public hearing on his final development plan.

(3)

If the applicant wishes to take either such alternate action he may do so at any time within the period originally provided for application for final approval, or within 60 additional days if the time for applying for final approval shall have already passed at the time when the planning commission advised the applicant the plan was not in substantial compliance.

(4)

In the event the applicant shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the plan. Any such public hearing shall be held 60 days after request for the hearing is made by the applicant and notice thereof shall be given and the hearing shall be conducted in the manner prescribed in Section 24-4-201(4) of this Ordinance.

(5)

Within 30 days after the conclusion of the hearing, the planning commission shall by resolution recommend to the city council either approval or denial of the final development plan. The grant or denial shall, in cases arising under this paragraph, be in the form and contain the findings required for a resolution on a preliminary development plan.

(6)

An approved final development plan shall be certified without delay by the city clerk and shall be filed or record forthwith in the office of the parish recorder before any development shall take place in accordance therewith. Pending completion within a reasonable time of said planned development or of a section thereof, as the case may be, that has been finally approved, no modification of the provisions of said plan, or section thereof, as finally approved, shall be made except with the consent of the applicant

(1)

The director of planning may issue a conditional use permit for any part of the development plan that has been approved in the area covered by the approved final development plan, for work which is in conformity with the approved final development plan and with all other applicable ordinances and regulations.

(2)

The department of inspection shall not issue an occupancy permit for any building or structure shown on the development plan of any stage of the planned development unless the open space and public facilities allocated to that stage of the development schedule have been conveyed to the proper authorities. He shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable regulations and ordinances.

If no substantial construction has begun or no use established in the planned development within the time stated in the final development plan and construction schedule, the final development plan shall lapse upon written notice to the applicant from the director of planning and shall be of no further effect. In its discretion for good cause, and after a public hearing, the city council may extend for a reasonable time, not to exceed one year, the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the director of planning shall remove the planned development permit from the official zoning map and shall file a notice of revocation with the recorded final development plan.

The zoning regulations applicable before the development was approved shall then be in effect.

(1)

The director of planning shall periodically review all of the permits issued for the planned development, examine all the construction that has taken place on the planned development site, and compare actual development with the approved development schedule.

(2)

If the director of planning shall find that owners of the property in the planned development area have failed to meet the approved development schedule, or that the rate of construction of dwelling units is greater than the rate at which common open space and public and recreational facilities have been constructed and provided, he shall revoke the planned development permit and notify the planning commission and city council. The land will then be regulated only by those zoning regulations applicable before the development was approved.

(3)

The planning commission shall within 30 days of notice from the director of planning recommend to the city council whether the planned development permit should be modified or for good cause shown by the developer whether the limits of the development schedule should be extended for a reasonable time.

No changes may be made to the approved final development plan except as provided in Section 24-4-203(6) or (7) of this Ordinance. Any changes so approved shall be recorded as amendments to the recorded copy of the final development plan, before they are effective.