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New Roads City Zoning Code

ARTICLE I

- UNIFIED DEVELOPMENT CODE UDC INTRODUCTION

Sec. 1.1 - Zoning regulations, short title.

These land use regulations shall be known and may be cited as the "Unified Development Code" of the City of New Roads in the State of Louisiana.

Sec. 1.2 - Purpose and authority.

A.

Purpose. These zoning regulations as herein set forth have been prepared for the City of New Roads, 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.

B.

Authority. This code is adopted pursuant to the Charter of the City of New Roads, Louisiana and the provisions of Section 33:4721 et seq., Section 3:101 and Section 25:731 et seq. of the Louisiana Statues and the Constitution of the State of Louisiana in order to promote the public health, safety, morals and general welfare of the City of New Roads, LA.

C.

Commission Provision.

1.

Under authority of the R.S 33:101 et seq. the City of New Roads maintains a municipal planning commission, to be known as the "New Roads Planning Commission" or the "Planning Commission" herein, whose administrative provisions are found in the City of New Roads Code of Ordinances.

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 Roads Zoning Commission" or "Zoning Commission" herein.

3.

There shall be a Board of Adjustments, the membership, terms of office, and rights and duties shall be provided in R.S. 33:4727, as amended, and Chapter 17 of New Roads Code of Ordinances.

4.

The Historic District Commission of the City of New Roads shall carry out the intent of this code herein when appropriate. The administrative provisions for the Historic District Commission shall be found in Chapter 5 of the City of New Roads Code of Ordinances.

D.

Any reference or citation made in this code to any duly enacted statute of the United States of America of the State of Louisiana; or any duly enacted ordinance of the Parish of Pointe Coupee or the City of New Roads; 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 Pointe Coupee or the City of New Roads shall refer to the provisions of the citied or referenced statute, ordinance or regulation as of the date of the enactment of this code or as citied or referenced statute, ordinance or regulations may thereafter from time to time be amended, reenacted or redesignated.

E.

All ordinances or part of ordinances in conflict herewith or incompatible with the provisions of the code are hereby repealed.

Sec. 1.3 - Jurisdiction.

A.

These regulations shall apply to all the area located with the corporate limits of the City of New Roads. All developments shall meet the minimum standards and requirements of these regulations as amended. This code, or any amendment thereto, shall not affect the validity of any building permit lawfully issued prior to the effective date of the adoption of this code, or any amendment thereto, provided that the permit is valid upon the effective date of the adoption of this code or any amendment thereto, that construction authorized by such permit has commenced prior to the effective date of this code, 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 code and which conforms with 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 with the provisions of this code.

C.

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

Sec. 1.4 - Scope.

A.

The provisions of this code 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 in a public way, public utility towers and poles and public utilities unless specifically mentioned in this Code.

B.

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

C.

In fulfilling these purposes this code 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 may be enjoyed or suffered by specific individuals, such as merely a byproduct of the overall benefit of the community. Therefore, the City of New Roads, its officers, agents and employees shall have qualified immunity against unintentional breaches of the obligation of administrations and enforcement impose on the jurisdiction.

D.

Lawfully established buildings and uses, lighting, landscaping, parking, building setbacks, and other site features in existence at the time of the adoption of this code shall be permitted to lawfully continue subject to the provisions of Article VIII Non-Conformities and other provisions of this code.

E.

All buildings or uses, both existing and new, and all parts thereof, shall be maintained. To determine compliance with this section, the Building Official shall be permitted to order any structure or use to be inspected.

Sec. 1.5 - Fees.

A.

The City Council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificate of occupancy, appeals and other matter pertaining to this code. This schedule of fees shall be available from the City of New Roads and may be altered or amended by the City Council. No permit, certificate, or development approval shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceeding before the City of New Roads unless preliminary charges and fees have been paid in full.

Sec. 1.6 - Zoning map.

A.

The boundaries of each zoning district are to be indicated upon the official zoning map as approved by the City Council of the City of New Roads. Said map and subsequent amendments thereto shall be considered as a part of this code.

B.

No amendments or changes of any nature shall be made in the official zoning map except in conformity with the procedures set forth in this Code.

C.

The official zoning map shall be updated periodically by the City of New Roads to incorporate any changes in the official ordinance.

Sec. 1.7 - Enforcement.

A.

Administration of Enforcements. The provisions of these land use regulations shall be administered by the Mayor, who shall have the power to appoint duly authorized representatives including an Administrative Official and Building Official, 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 City of New Roads Police Department may be called upon to enforce the provisions of these regulations.

B.

Violations and Enforcement Proceedings. If 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, The City of New Roads 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 complaint and take action on such complaints as provided by these regulations.

C.

Responsibility for Violations. Whenever the City of New Roads, on the basis of a written complaint, has reason to believe that a violation of these regulations may exist, the City may require any person owning the structure or land or operating a use thereon to provide, within thirty (30) days of notification or the next available City of New Roads 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 five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days. Each day any violation of any provision of these regulations shall continue shall constitute a separate offense.

Sec. 1.8 - Conflicting provisions repealed.

All ordinances or regulations or parts of ordinances or regulations in conflict with any of the provisions of these regulations are hereby repealed. This specifically includes, but is not limited to the following articles and chapters in this Code: Chapter 17—Planning and Zoning, Article IV—Zoning; Chapter 17—Planning and Zoning, Article V—Memorial Boulevard Overlay District; Chapter 22—Streets, Sidewalks and Drainage, Article IV—Signs; Chapter 23—Subdivision Regulations; and, Appendix B—Zoning.

(Ord. No. 2017-05 , § 1, 2-13-17)

Sec. 1.9 - Severability.

If any section or provision of this Code is declared invalid for any reason by a court of competent jurisdiction, the remaining herein shall not be affected.