A.

These regulations shall be known and may be cited as the "Comprehensive Zoning Regulations" of the Town of New Llano in the State of Louisiana.

A.

Purpose. These zoning regulations as herein set forth have been prepared for the Town of New Llano, 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 is adopted pursuant to the Charter of the Town of New Llano, and the provisions of R.S. 33:4721 et seq., 33:101 et seq., and 25:731 et seq. and the constitution of the State of Louisiana in order to promote the public health, safety, morals and general welfare of the Town of New Llano, LA.

C.

Commission provisions.

1.

Under authority of R.S. 33:101 et seq. the Town of New Llano maintains a municipal planning commission, to be known as the "New Llano Planning Commission" or the "planning commission" herein.

2.

As per 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 "New Llano Zoning Commission" or "zoning commission" herein.

3.

There may be a board of zoning adjustment, the membership, terms of office, and rights and duties of which shall be provided in 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 Vernon or of the Town of New Llano; 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 Vernon or the Town of New Llano 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ordinances or parts of ordinances in conflict herewith or incompatible with the provisions of this ordinance are hereby repealed.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Upon the effective date of this ordinance, the pre-existing zoning of the New Llano Code of Ordinances shall be repealed.

A.

These regulations shall apply to all the area located within the corporate limits of the Town of New Llano. 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 the 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 the ordinance, or any amendment thereto, and provided that construction has and does continue without interruption until development is completed.

B.

Any use established on the effective date of this ordinance and which conforms to the conditional use provisions applicable in the zoning district in which the use is located shall be considered a lawful conditional use, provided that the use continues to conform to the provisions of this ordinance.

C.

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

A.

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

B.

Where, in any case, different sections of this code [ordinance] specify different requirement, 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 [ordinance], 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 Town of New Llano, 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 [ordinance] is held invalid for any reason, the remaining [sections] herein shall not be affected.

A.

The town council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of occupancy, appeals and other matter pertaining to this ordinance. This schedule of fees shall be available from the mayor's office in the Town of New Llano and may be altered or amended only by the town council. No permit, certificate, special exemption or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the board of adjustment unless or until preliminary charges and fees have been paid in full.

A.

Lawfully established buildings and uses, lighting, landscaping, parking, building setbacks, and other site features in existence at the time of the adoption of this ordinance shall be permitted to lawfully continue subject to the provisions applicable to nonconformity in this ordinance, and provided that such continued use is not dangerous to life or community.

B.

All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this section, the building official shall be permitted to order any structure or use to be inspected.

C.

Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code [ordinance] for new buildings and structures. Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public shall be permitted to be erected, provided a special approval is received from the building official for a limited time period. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

D.

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

A.

General. The following requirements are common to many of the following procedures, and apply to applications submitted under this article. Additional details may be included in the specific procedure.

B.

Pre-application conference.

1.

Optional. Before submitting an application for development approval, an applicant may schedule a pre-application conference with the building official to discuss the procedures, standards and regulations required for approval. A pre-application conference is optional, except for the procedures listed below.

2.

Mandatory. Before submitting an application for the following types of review, an applicant must schedule a pre-application conference with the building official to discuss the procedures, standards and regulations required for approval in accordance with this ordinance and other applicable town codes:

a.

Site plan review.

b.

Zoning map amendment.

c.

Zoning text amendment.

d.

Conditional use permit.

C.

Application.

1.

Initiation. Parties allowed to file an application are summarized below. More detailed information may be included with each specific procedure.

2.

Application forms. Applications, containing all information requested on the application and any additional information required by a duly authorized representative of the Town of New Llano, must be submitted on forms and in such numbers as required by this ordinance. All applications must be complete and sufficient for processing before they will be reviewed.

3.

Fees. As per section 1.5 of this ordinance, no applications shall be reviewed, and no permit, certificate, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full. When an application is submitted on behalf of the Town of New Llano, no fees shall be required.

4.

Complete applications. An application is complete when it contains all the information necessary to decide whether or not the development as proposed will comply with all of the requirements of this development code. Details for each application are included in the specific procedure section of this ordinance. The presumption is that all of the information required in the application forms is necessary to satisfy the requirements of this development code. However, it is recognized that each application is unique, and more or less information may be required according to the needs of the particular case; the applicant may rely on the determination of the building official as to whether more or less information may be submitted.

5.

Concurrent applications. Applications may be filed and reviewed concurrently, at the option of the applicant. Applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved.

6.

Modification of application. An application may be modified at the applicant's request following the approval of the building official or his duly authorized representative. Any modification after a hearing but prior to a final decision shall require a new hearing.

D.

Public notice and hearings.

1.

Public notice required. Required public notices are summarized below. More detailed information may be included with each specific procedure.

2.

Notice of public hearing. All notices for public hearing shall contain:

a.

The date, time and place of the hearing;

b.

The section of this ordinance under which the subject matter of the hearing will be considered;

c.

The name of the applicant;

d.

A brief description of the location of any land proposed for development and the subject matter to be considered at the hearing;

e.

A statement that the application and supporting materials are available for public inspection and copying at the office of the Town of New Llano Building Official;

f.

A brief description of the appeal process, which is available by right after public hearing before the planning commission or any further automatic review by the town council

3.

Written notice of public hearing. At least ten days prior to a public hearing, a good faith attempt to notify the owner of record shall be made by sending an official notice by U.S. Mail of the time, place and subject matter of the hearing. Where more than ten parcels are to be initially zoned or rezoned, no written notice is required.

4.

Posted notice of public hearing. Posted notice in bold type shall be posted for at least ten consecutive days prior to a public hearing on signs not less than 11" x 17", prepared, furnished and placed by the building official on each block of each street adjoining the area proposed for a change in zoning classification. The applicant shall remove posted notices from the subject area no more than ten days after the public hearing has been held.

5.

Published notice of public hearing. Notice of the time and place of a public hearing shall be published once a week in three different weeks in the official journal, if designated, or a newspaper of general circulation in the area. The first notice shall be published at least 15 days prior to the hearing.

A.

Description. A zoning verification promotes compliance with this ordinance by establishing a procedure for the town to verify that an application complies with all standards of this ordinance prior to issuance of a building permit, certificate of occupancy, or business license. A zoning verification may be required according to the following:

1.

No structure or land may be used or occupied, in whole or in part, for any purpose, until a zoning verification has been issued stating that the use, structure, and site improvements comply with the provisions of this ordinance.

2.

A zoning verification shall be issued prior to the issuance of a building permit, certificate of occupancy, or business license. A zoning verification is needed only for the first permit or license issued for the building or site; for example, new construction that requires both a building permit and a certificate of occupancy only requires a zoning verification for the building permit.

3.

A separate zoning verification application is not required for single-family residential uses and structures. However, a single-family residence and any associated accessory uses, accessory structures, and home occupations must comply with the standards of this ordinance.

B.

Application.

1.

A pre-application conference is optional.

2.

All applications for site plan review shall be filed in writing with the building official. (See section 1.7, Administrative processes.)

C.

Review by building official. The building official may refer the application to other affected or interested agencies for review and comment.

D.

Public notice and decision by building official. The building official shall fulfill the public notice requirements of this ordinance and consider whether the current or proposed development meets the requirements of these regulations in approving or denying the zoning verification within ten days of a complete application or zoning verification request.

E.

Appeal. A final decision by the building official on a zoning verification may be appealed to the planning commission.

A.

Description. Site review by the planning commission is required for:

1.

Construction of four or more residential units on a platted lot of record.

2.

Construction or expansion of three thousand (5,000) or more square feet of multifamily or mixed use building type.

3.

Commercial or institutional over five (5,000) square feet.

4.

Creation of more than three thousand (5,000) square feet of impervious surface (paving).

5.

Construction of accessory structures in residential districts.

B.

[When not required.] No site plan review is required for the following:

1.

Construction or expansion of one or two units in a single structure on a platted lot of record.

2.

Creation of less than 5,000 square feet of impervious surface (paving).

3.

Construction of accessory structures in nonresidential districts.

C.

Application.

1.

A pre-application conference is mandatory for site plan review.

2.

All applications for site plan review shall be filed in writing with the building official. (See section 1.7, Administrative processes.)

D.

Review by building official. The building official may refer the application to other affected or interested agencies for review and comment.

E.

Public hearing and decision by planning commission.

1.

The building official shall fulfill the public notice requirements of this ordinance.

2.

Following notice and public hearing as required by section 1.7, Administrative processes, the planning commission shall approve, approve with conditions, or deny the site plan within 60 days of filing a complete application, except where such time period is extended by the applicant.

3.

In deciding, the planning commission shall consider the recommendation of the building official, relevant comments of all interested parties and the review criteria outlined in section 1.9.F.

4.

The planning commission may attach conditions required to make the subdivision comply with this and other town ordinances, or as necessary to protect the health, safety and welfare of the Town of New Llano and to minimize adverse impacts to adjacent properties.

F.

Review criteria. The planning commission shall consider the following criteria in approving or denying the site plan:

1.

The proposed development is consistent with the pertinent elements of the Town of New Llano Master Plan and any other adopted plans.

2.

The proposed development meets the requirements of this development code.

3.

The proposed development will reinforce the existing or planned character of the neighborhood and the town.

4.

The site plan demonstrates:

a.

Compliance with any prior approvals.

b.

Site design and development intensity appropriate for and tailored to the unique natural characteristics of the site.

c.

Adequate, safe and convenient arrangement of access, pedestrian circulation, bicycle facilities, roadways, driveways and off-street parking, stacking and loading spaces.

d.

Connectivity to surrounding neighborhoods and the town as a whole.

G.

Appeal. A final decision by the planning commission on a site plan may be appealed to the town council.

A.

Description. The boundaries of zoning districts as shown on any zoning map may, from time to time, be amended or modified, as determined by the town council.

B.

Application.

1.

A pre-application conference with the building official is required.

2.

All applications for a zoning map amendment shall be filed in writing with the building official. (See section 1.7, Administrative processes.)

C.

Review by building official. The building official may refer the application to other affected or interested agencies for review and comment.

D.

Public hearing and recommendation by planning commission.

1.

Following notice and a public hearing as required by this ordinance, the planning commission shall recommend to approve, approve with conditions, or deny the proposed zoning map amendment within 60 days of filing of a complete application, except where such time period is extended by the applicant.

2.

In making this recommendation, the planning commission shall consider the recommendations of the building official, relevant comments of all interested parties and the review criteria in section 1.10.F.

E.

Public hearing and decision by the town council.

1.

Following notice and a public hearing as required by this ordinance, the town council shall accept, accept with conditions, or deny the planning commission's recommendation on the zoning map amendment within 30 days of the planning commission's final recommendation.

2.

In making this recommendation, the town council shall consider the recommendations of the building official and the planning commission, relevant comments of all interested parties and the review criteria in section 10.1.F.

F.

Review criteria. The planning commission and the town council shall consider the following criteria in approving or denying a zoning map amendment:

1.

The proposed zoning map amendment is consistent with the pertinent elements of the Town of New Llano Master Plan and any other adopted plans.

2.

The proposed zoning map amendment is consistent with the adjacent zoning classifications and uses.

3.

The proposed zoning map amendment will reinforce the existing or planned character of the neighborhood and the town.

4.

The site is appropriate for the development allowed in the proposed district.

5.

There are substantial reasons why the property cannot be used according to existing zoning.

6.

Public facilities and services including schools, roads, recreation facilities, wastewater treatment, water supply, stormwater management, police and fire are adequate for the development allowed in the proposed district.

7.

The zoning map amendment will not substantially or permanently injure the appropriate use of adjacent conforming properties.

G.

Effect of denial. The denial of a zoning map amendment application shall ban the subsequent application for the same or similar use at the same location for a period of 12 months.

H.

Appeal. A final decision by the town council on a zoning map amendment may be appealed to the Vernon Parish Civil District Court.

I.

Expiration. A zoning map amendment shall not expire.

A.

Description. The regulations of this ordinance may, from time to time, be amended supplemented, changed, modified or repealed, as determined by the town council.

B.

Application.

1.

A pre-application conference with the building official is required.

2.

All applications for a zoning map amendment shall be filed in writing with the building official.

C.

Review by building official. The building official may refer the application to other affected or interested agencies for review and comment.

D.

Public hearing and recommendation by planning commission.

1.

Following notice and a public hearing as required by this ordinance, the planning commission shall recommend to approve or to deny the proposed zoning text amendment within 60 days of filing of a complete application, except where such time period is extended by the applicant.

2.

In making this recommendation, the planning commission shall consider the recommendations of the building official, relevant comments of all interested parties and the review criteria in section 1.11.F.

E.

Public hearing and decision by the town council.

1.

Following notice and a public hearing as required by this ordinance, the town council shall accept or deny the planning commission's recommendation on the zoning text amendment within 30 days of the planning commission's final recommendation.

2.

In making this recommendation, the town council shall consider the recommendations of the building official and the planning commission, relevant comments of all interested parties and the review criteria in section 1.11.F.

F.

Review criteria. The planning commission and the town council shall consider the following criteria in approving or denying a zoning text amendment:

1.

The proposed zoning text amendment is consistent with the pertinent elements of the Town of New Llano Master Plan and any other adopted plans.

2.

The proposed zoning text amendment is consistent with the remainder of this ordinance.

3.

The extent to which the zoning text amendment represents a new idea not considered in the existing code, or represents revisions necessitated by changing conditions over time, or whether or not the text amendment corrects an error in this ordinance.

4.

Whether or not the text amendment revises this ordinance to comply with State or Federal statutes or case law.

G.

Appeal. A final decision by the town council on a zoning text amendment may be appealed to the Vernon Parish Civil District Court.

H.

Expiration. A zoning text amendment shall not expire.

A.

Description. A conditional use permit is required for any use or building type that requires particular considerations as to its proper location to adjacent, established or intended uses in a district, or to the planned growth of the community. More detailed information may be included with each specific section of this ordinance that establishes the use requiring a conditional use permit and the conditions controlling the location and operation of such conditional uses. Any change to a conditional use involving major structural alterations, enlargements intensifications of use, or similar change must be approved in the same manner as the original conditional use.

B.

Application.

1.

A pre-application conference with the building official is necessary.

2.

All applications for a conditional use permit shall be filed in writing with the building official. (See section 1.7, Administrative processes.) The application shall include material necessary to demonstrate that the grant of a conditional use permit will be in harmony with the general intent and purposes of this ordinance, will not cause injurious [injury] to the neighborhood or to adjoining properties, or otherwise [be] detrimental to the public welfare. Such material required includes, but is not limited to, the following, when applicable:

a.

Site plans and development plans at an appropriate scale showing proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading access, refuse and service areas, and required yards and open space.

b.

Plans showing proposed locations for utilities hook-ups.

c.

Plans for screening and buffering.

C.

Review by building official. The building official may refer the application to other affected or interested agencies for review or comment.

D.

Public hearing and recommendation by planning commission.

1.

Following notice and a public hearing as required by this ordinance, the planning commission shall recommend to approve or deny the proposed zoning text amendment [conditional use permit] within 60 days of filing of a complete application, except where such time period is extended by the applicant.

2.

In making this recommendation, the planning commission shall consider the recommendations of the building official, relevant comments of all interested parties and the review criteria in section 1.12.F.

3.

The Commission may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties.

E.

Public hearing and decision by the town council.

1.

Following notice and a public hearing as required by this ordinance, the town council shall accept or deny the planning commission's recommendation for a conditional use permit within 30 days of the planning commission's final action.

2.

In making this recommendation, the town council shall consider the recommendations of the building official and the planning commission, relevant comments of all interested parties and the review criteria in section 1.12.F.

3.

The town council may attach any conditions to the permit necessary to protect the health, safety and welfare of the community and minimize the adverse impacts on adjacent properties. Such conditions may include, but are not limited to, additional screening or buffering, limitations on scale, and hours of operation.

F.

Review criteria. The planning commission and the town council shall consider the following criteria in approving or denying a conditional use permit:

1.

The proposed conditional use is consistent with the pertinent elements of the Town of New Llano's Master Plan and any other adopted plans.

2.

The proposed development meets the requirements of this code [ordinance].

3.

The proposed development will reinforce the existing or planned character of the neighborhood of the town.

4.

Any adverse impacts on adjacent properties attributed to the conditional use have been minimized or mitigated.

G.

Appeal. A final decision by the town council on a zoning text amendment may be appealed to the Vernon Parish Civil District Court.

H.

Expiration.

1.

A conditional use permit shall expire after 12 months if a building permit application has not been filed.

2.

Where conditional use has been granted but no substantial construction other than clearing and grubbing has been executed within 12 months from date of such conditional use permit, the property shall revert to its original state prior to such conditional use.

3.

Once the building is constructed and occupied, the conditional use permit shall expire after six months if the use is abandoned or discontinued. The property owner and/or business must apply for a new conditional use permit, or meet all requirements of this ordinance before occupancy.

4.

Buildings that are actively available for lease and occupancy, or are being remodeled pursuant to permit shall not have its use considered abandoned or discontinued for 12 months.

I.

Revocation of conditional use permit. If any terms of a conditional use permit or other requirements of the Ordinance are violated, the town council may revoke the conditional use permit.

A.

Administration of enforcement. The provisions of these land use regulations shall be administered by the mayor, or his duly authorized representative, as designated herein, who shall have the power to make inspections of buildings or premises necessary to carry out their administrative duties in the enforcement of these regulations. The Town of New Llano Police Department shall enforce the provisions of these regulations. The mayor or his/her duly authorized representative may call upon the police to furnish the necessary personnel to carry out enforcement.

B.

Violations and enforcement proceedings. In case any structure is erected or structurally altered or maintained, or any structure or land is used or altered or is not maintained, in violation of these regulations, any proper town official or his duly authorized representative may institute any appropriate action or proceedings to prevent such unlawful construction or alteration or use or other violations, to restrain, to correct or to prevent any illegal act, conduct any business or maintain any use in or about such premises. Furthermore, any resident of the community who believes that a violation of any of the provisions of these regulations is occurring may file a written complaint with the mayor. Such complaint shall fully set forth the acts or omissions constituting the alleged violation and the site or sites at which such violation or violations are alleged to be occurring. The building official shall record properly such complaint, promptly investigate the allegations underlying said complaint, and take action on such complaints as provided by these regulations.

C.

Responsibility for violations. Whenever the building official, on the basis of a written complaint, has reason to believe that a violation of these regulations may exist, he may require any person owning the structure or land or operating a use thereon to provide, within 30 days of notification or the next available Town of New Llano Court date, information as may be necessary, in his judgment, to determine the existence or extent of any violation.

D.

Penalty. Any person violating any provision of these regulations shall be guilty of a misdemeanor, and deemed a public nuisance and upon conviction shall be punished for each separate offense by a fine not exceeding $500.00 or imprisonment for a term not exceeding 60 days. Each day any violation of any provision of these regulations shall continue shall constitute a separate offense.