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New Iberia City Zoning Code

ARTICLE X

- AMENDMENTS AND PETITIONS5


Footnotes:
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State Law reference— Amendments, R.S. 33:4724, 33:4725.


Sec. 10.1. - Initiation of amendments.

The Mayor and Board of Trustees may, from time to time, change the regulations, restrictions, or boundaries herein or subsequently established. Such may be initiated by:

(a)

Action of the Mayor and Board of Trustees itself by introduction of an ordinance or by adoption of a motion.

(b)

Recommendation of the Planning Commission.

(c)

Petition of property owners.

Sec. 10.2. - Petitions.

Petitions by property owners for the change of the zoning ordinance shall be filed with the Mayor and Board of Trustees through the Planning Commission. In filing such petitions, the following rules shall apply:

10.201. The regulations, restrictions and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed. In case, however, of a protest against a change duly signed and acknowledged by the owners of 20 percent or more, either of the areas of land (exclusive of streets and alleys) included in a proposed change or within an area determined by lines drawn parallel to and 200 feet distant from the boundaries of the district proposed to be changed, the amendment shall not become effective except by the favorable vote of a majority of the members of the legislative body of the municipality who are present and voting. The provisions of R.S. 33:4724 relative to public hearing and official notice shall apply equally to all changes or amendments; provided that no ordinance shall require a procedure or criteria for amendment any greater than that initially used upon the formation of regulations, restrictions and/or penalties.

10.202. The planning commission shall adopt requirements for such petitions.

10.203. Each petition shall be accompanied by a fee of $25.00 for each text change not involving acreage or $5.00 for each acre of land or portion thereof for which a change of classification is proposed or recommended. The minimum fee shall be $25.00 and the maximum shall be $200.00. The petitioner shall also pay the direct cost of transcribing the testimony given at the public hearing held by the Zoning Commission.

10.204. Except in a case involving comprehensive zoning revision of an area larger than ten acres, a petition may not be resubmitted for the same change to the same land until six months after a public hearing has been held to consider the change.

Sec. 10.3. - Amendment procedures.

No amendment, supplement or change of the zoning ordinance or zoning district map shall become effective until:

10.301. A public hearing is held on it by the planning commission at which parties in interest and citizens can be heard. Said hearing shall be held within 60 days after such request.

10.302. Notice of the proposed change and of the time and place of the hearing is published at least three times in the official journal of the City of New Iberia; and at least ten days shall elapse between the first publication and date of the hearing, in accordance with R.S. 33:4726, as amended.

10.303. After the public hearing, the planning commission has submitted its report and recommendations upon the proposed change to the mayor and board of trustees. The mayor and board shall not take action on the change until the report of the planning commission has been received, unless it has not been filed within 45 days after the public hearing.

10.304. The mayor and board shall have acted on the matter, which it must within 90 days from date of receipt of the recommendation of the planning commission or from the lapse of 45 days from the date of the public hearing, whichever is longer.