The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use means:

(1)

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to the principal use or structure.

(2)

Customary home occupations (see Home occupation in this section).

(3)

A garage or parking space for not more than three automobiles, plus one automobile for each family in excess of three; provided that, except as a farm, storage of only one commercial automobile shall be permitted.

(4)

The sale of produce raised only on the premises.

(5)

The taking of lodgers and tourists in residential use only; use limited to not more than 15 percent total living area.

(6)

Swimming pools subject to city ordinance requirements.

Apartment. See Dwelling (multiple-family).

Block means a tract of land bounded by dedicated streets, which has been subdivided for building development.

Dance hall means a cafe, restaurant or other place where dancing is done to music provided by recording or orchestra.

Dwelling (mobile home) means a detached residential dwelling unit designed for transportation after fabrication, on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. A travel trailer is not to be considered a mobile home.

Dwelling (multiple-family) means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling (single-family) means a residential dwelling unit other than a mobile home, designed for and occupied by one family only.

Dwelling (two-family) means a residential building containing two dwelling units, designed for not more than two families.

Dwelling unit means one room, or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental, or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Family means one or more persons occupying a single dwelling unit; unless all members are related by blood or marriage, no such family shall contain over five persons; but domestic servants employed on the premises may be housed on the premises without being counted as a family.

Frontage means the distance along a street line between two intersecting streets or in the case of a dead-end street, between the end of the dead-end street and the nearest intersecting street.

Half-way house means any facility used to provide resident services and supervision to any number of persons for reasons of alcohol abuse, drug abuse, sentence or parole from any criminal violation, or being not guilty of a criminal charge by reason of insanity.

Home occupation means any occupation carried on by members of the immediate family residing on the premises, in connection with which there is used no sign or display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; that there is no commodity sold except that produced on the premises; and no mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes. A professional person may use his residence for infrequent consultation, music instruction to a single pupil only, emergency treatment, or performance of religious rites, but not for the general practice of his profession. No accessory building shall be used for home occupation. Any home occupation that would create objectionable noise, fumes, odor, dust, electrical interference or more than normal residential traffic is prohibited as an accessory use in residential districts. Business offices and professional offices, except as provided for in this section, barbershops, beauty parlors, dress shops, automobile or other commercial repair shops, welding shops, woodworking shops, among others, shall not be deemed to be home occupations.

Lot means a parcel of land occupied by a building and its accessory buildings, together with such open spaces and parking spaces as are required under this chapter and having its principal frontage on an officially approved street or place.

Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the clerk of court of the parish, on a parcel of land which became legally established and defined by deed or act of sale on or before March 14, 1961.

Main building means a building in which is conducted the main or principal use of the lot on which the building is located.

Parking space means an area not less than eight feet by 20 feet, and the access to the parking space from a public street or alley shall be provided in addition to the space necessary for the parking.

Planned development means a tract of land which contains and will contain two or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of the surrounding areas. Such development shall be based on a plan which allows for flexibility of design not available under zoning district requirements.

Profession means a calling requiring specialized knowledge and long and intensive academic training.

Row housing means two or more living units with common or party side walls between units, designed so that each unit may be sold independently as a lot with its own yards and parking spaces. Row housing shall be permitted only in the R-5 district.

Townhouse. See Dwelling (multiple-family).

Yard means an open space at existing ground level between a building and the adjoining lot lines.

Yard, front means a yard extending across the front of a lot or plot between the side yards and being the minimum distance between the street line and the building or any projection of the building other than steps and cornices. The front yard line shall be the shortest street dimension of the lot.

Yard, side means a yard between the building and the side line of the lot and being the minimum distance between a side lot line and the side of the building or any projections other than steps and cornices.

(Code 1961, § 19-2)

Cross reference— Definitions generally, § 1-2.

(a)

Amendments to the zoning districts and regulations may be initiated by:

(1)

The mayor and council.

(2)

The planning and zoning commission.

(3)

A property owner owning at least 50 percent of the land proposed for change in zoning classification.

(b)

Procedure for applying for an amendment shall be as follows:

(1)

The petitioner shall execute a written petition for a zoning change. The petition may be obtained from the building inspector.

(2)

The written petition shall be filed with the building inspector; no oral petition for rezoning may be considered by the planning and zoning commission, except that this requirement shall not apply to the planning and zoning commission in the conduct of the business of the commission.

(3)

The building inspector will forward the petition and supporting documents to the planning and zoning commission, which shall conduct a review. If it seems appropriate, the planning and zoning commission shall set a date for the required public hearing and shall cause the proper public notice to be published in the official journal as required by law.

(4)

Should the commission determine not to call a public hearing, it will make its report, including reasons, to the mayor and council which, if it so determines, may call and conduct the public hearing. No action, however, may be taken on any rezoning petition until it has first been considered by the planning and zoning commission and a public hearing has been held as required by law.

(5)

Following a public hearing by the planning and zoning commission, it will report its recommendations to the mayor and council.

(6)

Any proposed amendment that has failed to receive the approval of the planning and zoning commission shall not be passed or approved by the mayor and council except by two-thirds affirmative vote.

(7)

A petitioner may withdraw his petition at any time prior to its consideration by the mayor and council; however, should this occur, no further consideration to rezone the same property shall be given for one year from the date of the public hearing required by law. Should the mayor and council disapprove a rezoning request, no further consideration to rezone the same property shall be given for one year from the date of such disapproval.

(Code 1961, § 19-3)

See fee schedule, section 22-35.

(Code 1961, § 19-3.1; Ord. No. 10-04, § 1, 4-27-10)

For all amendments, supplements or changes to the zoning ordinance and the official zoning map, and for the original zoning or rezoning of any property located in the city, the following notices to the general public shall be taken:

(1)

In addition to the legal notice required by state law calling for a public hearing, no original zoning action or rezoning shall become effective unless a printed notice in bold type shall have been posted for not less than ten consecutive days prior to the planning and zoning commission public hearing, on signs not less than four feet by four feet, prepared, furnished and placed by the building inspector on each block of each street adjoining the area proposed for original zoning or proposed to be rezoned. Such signs shall be a minimum of three in number and shall contain an accurate statement of the proposed changes and also the time and place of the public hearing.

(2)

In those cases where the owner initiates action to have his property initially zoned or rezoned, one of the three signs required to be posted shall be placed on the property which is proposed to be initially zoned or rezoned.

(3)

An advertisement of an eighth page announcing the public hearing of the planning and zoning commission which provides an accurate statement of the original zoning or rezoning, the description of the proposed property, and the time and place of the hearing shall be published by the building inspector once at least three days prior to the public hearing on a suitable page of a local newspaper but not placed upon the same page as other notices are printed.

(4)

Should the planning and zoning commission recommend to the city council an original zoning or rezoning of property, the signs referred to in subsection (1) of this section shall be erected and posted in the same manner at least ten days before that matter is considered by the city council.

(Code 1961, § 19-3.2)

This chapter shall be enforced by an inspector appointed by the city council.

(Code 1961, § 19-4)

No land or structure shall be changed in use and no structure shall be erected, altered or moved until the inspector has issued a building permit certifying that the plans and intended use of land, buildings and structures are in conformity with this chapter. No land or structure erected, moved or altered in its use after the effective date of the ordinance from which this section derives shall be used until the inspector shall have issued a certificate of occupancy stating that such land or structure is found to be in conformity with the provisions of this chapter. Applications for permits under the provisions of this section shall be accompanied by a plat drawn to scale showing:

(1)

Actual dimensions of the lot to be built on;

(2)

The size, shape and location of the building to be erected;

(3)

The estimated cost; and

(4)

Such other information as may be required by the inspector ensuring proper enforcement of this chapter.

(Code 1961, § 19-5)

(a)

Creation, membership, terms, rights and duties, rules, meetings. There shall be a board of adjustment, the membership, terms of office, and rights and duties of which shall be as provided in R.S. 33:4727. The board shall adopt rules in accordance with the provisions of this section. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All meetings shall be open to the public and preceded by due advertisement.

(b)

Purview of the board. The board shall hear and decide appeals from alleged error in the building inspector's decision and appeals for variance where practical difficulties or unnecessary hardships would be caused by enforcement of the regulations in this chapter and where such variance would not substantially derogate from the intent of this chapter but not otherwise.

(c)

Criteria for considering requests for variances or appeals. The board's function is not to approve or deny proposed projects; such authority is within the purview of the building inspector to review and approve the project's various requirements. The board's function is to consider and review requests for variances from the zoning ordinance and appeals from decisions of the building inspector, and such review is limited to the impact the proposed variance or appeal will have. When reviewing an application or appeal, the board shall abide by the following limitations:

(1)

In exercising its powers, the board may affirm or reverse wholly or partly or may modify the decision or determination as it may deem proper and within its authority. However, the board shall not render any ruling or make any decision or determination which would constitute a zoning change or a change in district boundaries.

(2)

The standards to be applied to each variance request or appeal are as follows:

a.

The approval, if granted, will not cause any substantial diminution or depreciation of property values of any surrounding property or will not alter the essential character of the locality.

b.

The approval, if granted, will tend to preserve and advance the prosperity and general welfare of the neighborhood and community; and the board may prescribe appropriate conditions and safeguards and may include screening of certain areas by walls, fences and other measures the board deems appropriate.

c.

The approval, if granted, will not be substantially detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the property is located, in that it will not:

1.

Impair an adequate supply of light and air;

2.

Increase substantially the congestion in the public streets, create a traffic hazard, or permit inadequate parking;

3.

Increase the danger of fire;

4.

Substantially affect or overburden existing drainage or sewerage systems;

5.

Otherwise endanger the public safety; or

6.

Cause serious annoyance or injury to occupants of adjoining premises by reason of emission of odors, fumes, gases, dust, smoke, noise or vibration, light or glare, or other nuisances.

Additionally, the board shall not grant approval of any variance or appeal unless it makes a further finding that such case shall indicate the following:

d.

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; and the special conditions and circumstances do not result from the intentional actions of the applicant or any other person who may have or had interest in the property; and the strict adherence to the regulations for the property would result in a demonstrable hardship, other than mere financial hardship, upon the owner as distinguished from mere inconvenience; or

e.

Literal interpretation of the provisions of this subsection (c) would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this subsection; and granting the variance requested will generally not confer on the applicant any special privilege which is denied by this subsection to other lands, structures, or buildings in the same district or similarly situated; and the purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested party.

(3)

Thus, the approval by the board of a variance or appeal requires compliance with subsection (c)(2)a., b., c. and either d. or e.

(d)

See fee schedule, section 22-35.

(e)

Requirements relating to applications. Applications must be completed in full and signed by the applicant using forms provided by the building inspector. The applicant must obtain signatures, addresses and telephone numbers of adjacent property owners, indicating notice to them. The application shall include a detailed plan showing specifications, type of materials to be used and other pertinent information for all deviations, including front, side and rear yard deviations, when appropriate.

(f)

Appearance before board. The applicant and/or the spouse or their legal counsel must appear before the board at the hearing. Any other person appearing for the applicant must present a written power of attorney in authentic form prior to the hearing.

(g)

Time restrictions on additional information. On any pending application, any additional information or drawings requested by the board must be submitted to the board at least two weeks before the hearing.

(h)

Board's discretion to table or dismiss applications. If the applicant fails to appear at the hearing without prior notification to the board, the board may table the application until the next scheduled hearing or it may dismiss the application, either action at the board's sole discretion.

(i)

Posting of sign before hearing. When an application has been scheduled for hearing, a sign measuring at least two feet by two feet, supplied by the city, shall be placed by the building inspector on the property of the applicant at least ten days prior to the hearing. The sign shall be white in color with the following notice printed in red: "Notice" at the top, with wording below it as follows: "Deviation pending with board of adjustment. If any questions, call Zoning Director, City of Morgan City, 385-1770."

(j)

Time limitation on construction. For deviations approved by the board which require construction of any kind, the applicant property owner must commence actual construction within six months of the hearing date. If actual construction has not begun in six months, all permits issued are automatically invalid without further action by the city. Should a delay in excess of six months occur beyond the control of the landowner, the applicant shall reapply to the board for a deviation from this requirement.

(k)

Resubmission or withdrawal of application. Once an application has been ruled on at a hearing by the board, an applicant may not resubmit that application or file a new application within a six-month period from the date of the hearing. An applicant may withdraw his application at any time prior to its consideration by the board; however, should this occur, no further consideration of this same deviation shall be given for six months from the date of the scheduled hearing.

(Code 1961, § 19-6; Ord. No. 10-05, § 1, 4-27-10)

Cross reference— Boards and commissions, § 2-106 et seq.

If any building or structure is erected, constructed, reconstructed, altered or repaired in violation of this chapter or in violation of the plat showing the proposed lot and building to be erected, the building inspector, acting for and on behalf of the city, in addition to any other remedies may institute appropriate action or proceedings in the name of the city to prevent and prohibit such unlawful erection, construction, reconstruction, alteration or repairs. Each day such violation continues shall constitute a separate offense.

(Code 1961, § 19-7)

State Law reference— Limitations on civil and criminal actions for violations of zoning ordinances, R.S. 9:5625.