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Morgan City Zoning Code

CHAPTER 10

10 LAND USE APPEAL AUTHORITY

10.10.010 APPOINTMENT, TERM, VACANCY

  1. Land Use Appeal Authority Created: In order to provide for just and fair treatment in the administration of this title, and to ensure that substantial justice is done, the city shall appoint a land use appeal authority to exercise the powers and duties provided in this chapter.
  2. Appointment:
    1. The land use appeal authority shall be an individual with experience in land use principles and the application of state and city zoning regulations and whom the chief executive officer considers appropriate.
    2. The chief executive officer shall appoint the land use appeal authority with the advice and consent of the legislative body for a term of five (5) years.
  3. Removal: The chief executive officer may remove the land use appeal authority with or without cause.
  4. Vacancies:
    1. The chief executive officer, with the advice and consent of the city council, shall fill any vacancy that may occur in this position.
    2. The person appointed shall serve for the unexpired term of the previously appointed person. (Ord. 12-05, 4-10-2012)

10.10.020 PROCEDURES

  1. Adopt Rules: The land use appeal authority shall adopt rules that comply with any ordinance adopted by the city council.
  2. Meetings: The appeal authority shall meet as required by ordinance and as required by the filing of appeals or other processes as required.
  3. Administer Oaths; Compel Attendance: The appeal authority may administer oaths and compel the attendance of witnesses.
  4. Open Meetings; Records, Minutes:
    1. All meetings of the appeal authority shall comply with the requirements of the state's open meetings act.
    2. The appeal authority shall:
      1. Keep minutes of its proceedings, showing the decision and the supporting information therefor; and
      2. Keep records of its examinations and other official actions.
    3. The appeal authority may, but is not required to, have its proceedings contemporaneously transcribed by a court reporter or a tape recorder.
    4. The appeal authority shall file its records in the office of the city recorder.
    5. All records of the decisions of the appeal authority are public records.
  5. Decisions, When Effective: Decisions of the appeal authority become effective at the meeting in which the decision is made, unless a different time is designated in the appeal authority's rules or at the time the decision is made.
  6. Compensation: The city council may fix per diem compensation for the appeal authority based on necessary and reasonable expenses and on meetings actually attended. (Ord. 12-05, 4-10-2012)

10.10.030 POWERS AND DUTIES

  1. Generally: The appeal authority shall hear and decide:
    1. Appeals from zoning decisions applying the zoning ordinance;
    2. Special exceptions to the terms of the zoning ordinance; and
    3. Variances from the terms of the zoning ordinance.
  2. Nonconforming Uses: The appeal authority may make determinations regarding the existence, expansion or modification of nonconforming uses as delegated to it by the city council. (Ord. 12-05, 4-10-2012)

10.10.040 APPEALS

  1. Filing; Time Limit:
    1. Authorized:
      1. The applicant or any other person or entity adversely affected by a decision administering or interpreting a zoning ordinance may appeal that decision applying the zoning ordinance by alleging that there is error in any order, requirement, decision or determination made by an official in the administration or interpretation of the zoning ordinance.
      2. Any officer, department, board or bureau of the municipality affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of the zoning ordinance may appeal any decision to the appeal authority.
    2. Time Limit: The applicant shall file an appeal in writing within thirty (30) days after having received a determination from a city official regarding the administration or interpretation of the zoning ordinance. Said appeal shall be filed with the office of the city recorder. Failure to file within said thirty (30) days shall bar the applicant from a hearing before the appeal authority.
  2. Burden Of Proof: The person or entity making the appeal has the burden of proving that an error has been made. This is referred to as the clearly erroneous standard of proof.
  3. Authorized Appeals; Amendments Not Considered:
    1. Only zoning decisions applying the zoning ordinance may be appealed to the appeal authority.
    2. A person may not appeal, and the appeal authority may not consider, any zoning ordinance amendments.
  4. Waiver Or Modification Not Considered: Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance. (Ord. 12-05, 4-10-2012)

10.10.050 ROUTINE AND UNCONTESTED MATTERS

  1. Decisions By Zoning Administrator: The planning staff is hereby authorized to decide certain matters, as designated by the city council, that are consistent with the guidelines established by this title and state law and the rules adopted by the city council. Pursuant to that authority, the zoning administrator may decide all cases which are routine in nature, uncontested, that do not impact the character of the neighborhood, are primarily brought about by recent changes in the zoning ordinance or city initiated development or construction that has resulted in the creation of nonconforming structures or uses. The specific types of decisions the zoning administrator is authorized to make shall include:
    1. The determination of a nonconforming use which can be verified by substantial evidence. "Substantial evidence", for the purpose of this section, shall mean official documents, including any written correspondence, receipts, permits or documents issued by a public body or agency thereof, etc., that may establish the truth of the matter asserted by the applicant;
    2. Consider additions or alterations to existing buildings and structures, which are nonconforming as to height, area or yard regulations; providing, that the addition follows the existing wall lines and no additional dwelling units are added to the building or structure;
    3. Change in the status of a nonconforming use to a less intense use than that immediately preceding the proposed use;
    4. Final review and approval on plans where the appeal authority has required that a final plan be submitted for special approval, showing that all requirements imposed by the appeal authority in granting the original approval have been complied with; and
    5. The granting of a variance in the very limited instance wherein the applicant and the city are in complete agreement regarding all issues, and that the spirit and intent of this title is satisfied and that all criteria required statutorily for a variance has also been satisfied.
  2. Notice Requirements: The notice requirements established by this title, that are required before a hearing on a variance, must still be satisfied by the zoning administrator. However, in lieu of giving notice of a time, date and place of a hearing, the zoning administrator's notice shall provide for a time frame within which all interested parties may submit their input to the zoning administrator. All responses received pursuant to the notice shall become a permanent part of the file.
  3. Appeal: A decision of the planning staff may be appealed to the appeal authority as provided for in this chapter. (Ord. 12-05, 4-10-2012)

10.10.060 SPECIAL EXCEPTIONS

  1. Jurisdiction Established: In enacting this title, the city council has given jurisdiction to the appeal authority to hear and decide certain specified special exceptions to the provisions of this title.
  2. Scope: The appeal authority may hear and decide special exceptions only if authorized to do so by this title and based only on the standards contained in this title. (Ord. 12-05, 4-10-2012)

10.10.070 VARIANCES

  1. Authorized: Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the appeal authority for a variance from the terms of this title.
  2. Granting Of Variances; Conditions:
    1. Variance Conditions: The appeal authority may grant a variance only if:
      1. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;
      2. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
      3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
      4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
      5. The spirit of this title is observed and substantial justice done.
    2. Unreasonable Hardship:
      1. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection B1a of this section, the appeal authority may not find an unreasonable hardship unless the alleged hardship:
        1. Is located on or associated with the property for which the variance is sought; and
        2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
      2. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection B1a of this section, the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
    3. Special Circumstances: In determining whether or not there are special circumstances attached to the property under subsection B1b of this section, the appeal authority may find that special circumstances exist only if the special circumstances:
      1. Relate to the hardship complained of; and
      2. Deprive the property of privileges granted to other properties in the same district.
  3. Burden Of Proof: The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
  4. Run With Land: Variances run with the land.
  5. Use Variances Prohibited: The appeal authority and any other body may not grant use variances.
  6. Imposition Of Additional Requirements: In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
    1. Mitigate any harmful affects of the variance; or
    2. Serve the purpose of the standard or requirement that is waived or modified. (Ord. 12-05, 4-10-2012)

10.10.080 DISTRICT COURT REVIEW OF APPEAL AUTHORITY DECISION

Any person adversely affected by any decision of the land use appeal authority may petition the district court for a review of the decision as provided by state law. (Ord. 12-05, 4-10-2012)