These regulations shall be known and may be cited as the "Comprehensive Zoning Ordinance" of the City of Monroe in the State of Louisiana.

(Ord. No. 11,443, 11-12-13)

(a)

Purpose.These zoning regulations as herein set forth have been prepared for the City of Monroe, Louisiana, to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within this jurisdiction.

(b)

Authority. This ordinance adopted pursuant to the Charter of the City of Monroe, and the provisions of Section 33:4721 et seq., Section 33:101 et seq., and Section 25:731 et seq. of the Louisiana statutes and the Constitution of the State of Louisiana in order to protect the health, safety and welfare of the City of Monroe, Louisiana.

(c)

Commission provisions.

(1)

Under the authority of the Louisiana (LA) R.S. 33:101 et seq. the City of Monroe maintains a municipal planning commission, to be known as the "Monroe Planning Commission" or "planning commission" herein, whose administrative provisions are found in chapter 2, article III of the City of Monroe Code of Ordinances.

(2)

As per LA.R.S. 33:4721 et seq., the municipal planning commission shall also serve as the municipal zoning commission, and shall have all of the powers conferred upon zoning commissions by law, and shall be known as the "Monroe Zoning Commission" or "zoning commission" herein. The administrative provisions for the zoning commission are found in chapter 2, article III of the City of Monroe Code of Ordinances.

(3)

There may be a board of adjustment, the membership, terms of office, and rights and duties of which shall be provided in LA.R.S. 33:4727, as amended.

(d)

Any reference or citation made in this ordinance to any duly enacted statute of the United States of America or of the State of Louisiana; or any duly enacted ordinance of the Parish of Ouachita, the City of Monroe; or any regulation enacted or promulgated by any department, agency, bureau or other institution or subdivision of the United States of America, the State of Louisiana, the Parish of Ouachita or of the City of Monroe shall refer to the provisions of the cited or referenced statute, ordinance or regulation as of the date of the enactment of this ordinance or as cited or referenced statute, ordinance or regulation may thereafter from time to time be amended, reenacted or re-designated.

(e)

All ordinances or parts of ordinances in conflict herewith or incompatible with the provisions of this ordinance are hereby repealed.

(f)

Upon the effective date of this ordinance, the pre-existing chapter 37, zoning, of the City of Monroe Code of Ordinances shall be repealed.

(Ord. No. 11,443, 11-12-13)

(a)

These regulations shall apply to all the area located within the corporate limits of the City of Monroe. All developments shall meet minimum standards and requirements of these regulations, as amended. This ordinance, or any amendment thereto, shall not affect the validity of any building permit lawfully issued prior to the effective date of this ordinance, or any amendment thereto, provided that the permit is valid upon the effective date of the adoption of this ordinance or any amendment thereto, that construction authorized by such permit has commenced prior to the effective date of this ordinance, or any amendment thereto, and provided that construction has and does continue without interruption until development is completed.

(b)

This ordinance, or amendment thereto, shall not affect the validity of variances granted prior to the effective date of this ordinance, or amendment thereto. Said variances shall remain in effect after the effective date of this ordinance, and shall constitute variances to the applicable provisions of this ordinance.

(Ord. No. 11,443, 11-12-13)

(a)

The provisions of this code shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land, fence or sign within the city, except work located primarily in a public way, public utility towers and poles and public utilities unless specifically mentioned in this code.

(b)

Where, in any case, different sections of this code specify different requirements, the more restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(c)

In fulfilling these purposes, this ordinance is intended to benefit the public as a whole and not any specific person or class of persons. Although, through the implementation, administration and enforcement of this code, benefits and detriments will be enjoyed or suffered by specific individuals, such as merely a byproduct of the overall benefit to the whole community. Therefore, the City of Monroe, its officers, agents and employees shall have qualified immunity against unintentional breaches of the obligation of administration and enforcement imposed on the jurisdiction hereby.

(d)

If any portion of this code is held invalid for any reason, the remaining herein shall not be affected.

(Ord. No. 11,443, 11-12-13)

The Monroe City Council shall establish a schedule of fees, charges and expenses and a collection procedure for applications, certificates of occupancy, appeals and other matters pertaining to this ordinance. A schedule of fees shall be available from the planning director's office and may be altered or amended only by the city council. No certificate, conditional use or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full. The appropriate fees for application procedures specified herein shall include:

(Ord. No. 11,443, 11-12-13; Ord. No. 11,611, 9-8-15)

In determining the applicability of this ordinance, with respect to the previously applicable zoning regulations, the following rules apply.

(1)

Existing nonconforming structures and uses. A structure or use that is made nonconforming before the effective date of this ordinance, but is made conforming by the provisions of this ordinance or any subsequent amendment to this ordinance, is lawful as of the effective date of this ordinance or of any subsequent amendment to this ordinance. However, any subsequent addition, enlargement or expansion of that structure or use is required to conform to the procedural and substantive requirements of this ordinance.

(2)

Existing permitted uses, conditional uses, and planned developments.

a.

If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this ordinance, and now that use is classified as a conditional use (major or minor) as of the effective date of this ordinance, that use is deemed a lawful nonconforming use and is controlled by the provisions of article VIII. Any subsequent addition, enlargement, or expansion of that use shall conform to the requirements of this ordinance.

b.

If a structure or land is used in a manner that was classified as a conditional use (special exception or use requiring planning approval) prior to the effective date of this ordinance, and that use is now classified as a permitted use as of the effective date of this ordinance, that use is deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use shall conform to any ordinance requirements for such permitted use and is no longer subject to the conditional use ordinance under which it was originally approved.

c.

Planned developments shall follow the requirements of article IV.

(3)

Existing lots and structures rendered nonconforming. If a lot or structure exists legally before the effective date of this ordinance or any subsequent amendment to this ordinance, and such lot or structure does not meet all standards set forth in this ordinance, that structure is deemed a legal nonconforming structure and is controlled by the provisions of article VIII.

(4)

Previously issued building permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this ordinance or any subsequent amendment to this ordinance, and if substantial construction has begun within one-hundred eighty (180) days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under an occupancy permit for the use originally intended.

(5)

Previously granted conditional uses and variances. All conditional uses (special uses and uses requiring planning approval) and variances granted prior to the effective date of this ordinance or any subsequent amendment to this ordinance remain in full force and effect, unless a conditional use is allowed as a permitted use as of the effective date of this ordinance. The recipient of the conditional use or variance may proceed to develop the property in accordance with the approved plans, including all conditions included as part of approval. If the recipient has failed to act on the conditional use or variance before the approval expires, including any periods of extension granted, the provisions of this ordinance govern.

(6)

Pending applications. An application that has been received and deemed complete and scheduled for a public hearing or meeting is subject to the rules in effect on the date the application was deemed complete.

(7)

Illegal uses. Uses that are illegally established prior to the adoption of this code shall remain illegal.

(Ord. No. 11,443, 11-12-13)

The petition for annexation shall set forth the appropriate city zoning, which shall be determined by adjacent zoning, the current and/or proposed use, and a determination by Planning and Zoning Director of the City of Monroe or his/her designee as to the appropriate zoning classification, before adoption of an annexation ordinance by the City Council of the City of Monroe.

(Ord. No. 11,443, 11-12-13)