ZONING PROCESSES
Purpose. The purpose of this Chapter is to delineate the applicability, procedures, and requirements, and approval standards that apply to each zoning application and approval.
A.
Purpose . The purpose of a zoning verification is to promote compliance with this Code by establishing a procedure for the City to verify that an application complies with all the standards of the Code.
1.
A zoning verification shall be issued prior to the issuance of a building permit, certificate of occupancy, sign permit or business license; or, as part of the application for a building permit, certificate of occupancy, sign permit or business license.
2.
A zoning verification is needed only for the first permit or license issued for the building or site.
B.
Authority . The Administrative Official shall review and approve Zoning Verifications in accordance with the provisions of this Section.
C.
Application .
1.
A pre-application conference is optional.
2.
An application for a Zoning Verification should be filed in writing with the Administrative Official in accordance with the application requirement in Article III - 2.1. Common Review Procedures.
3.
The applicant shall also submit the following materials, unless waived by the Administrative Official: the proposed use or uses for the subject property, a brief description of the construction, remodeling, or alteration requiring the issuance of a Zoning Verification, and such other and further information or documentation as the Administrative Official may deem necessary or appropriate.
D.
Review by Administrative Official . The Administrative Official shall review the application and may refer the application to other affected or interested agencies for review and comment.
E.
Public Notice and Decision by Administrative Official . The Administrative Official shall fulfill the Public Notice requirements of Article III - 2.1.D Public Notice and consider whether the current or proposed development meets the requirements of these regulations in approving or denying the zoning verification within ten (10) days of a complete application or zoning verification request.
F.
Appeal . A final decision by the Administrative Official on Zoning Verification may be appealed to the Board of Adjustments within thirty (30) days of the decision.
A.
Purpose . The purpose of an Administrative Adjustment is to provide relief from carrying out a requirement of this Code that may cause a minor practical difficulty.
B.
Authority . The Administrative Official is authorized to grant certain Administrative Adjustments, as defined below.
1.
A reduction of any required setback or yard by up to fifteen percent (15%).
2.
An increase in the maximum building height of any building by five feet (5') or five percent (5%), whichever is less.
3.
An increase in lot coverage by no more than five percent (5%).
4.
Any other Administrative Adjustment authorized by a specific section of this development code.
C.
Application .
1.
A pre-application conference is optional.
2.
An application for Administrative Adjustment shall be filed in writing with the Administrative Official in accordance with the application requirements in Article III - 2.1 Common Review Procedures.
D.
Review by the Administrative Official . The Administrative Official shall review the application and may refer the application to other affected or interested agencies for review and comment.
E.
Public Notice and Decision by Administrative Official .
1.
The Administrative Official shall fulfill the public notice requirements of Article III - 2.1.D Public Notice and shall approve, approve with conditions, or deny the Administrative Adjustment application within fifteen (15) days of the date of the completed application. When making this decision the Administrative Official shall consider relevant comments of all interested parties and the review criteria in Section 1.2.F of this Article.
2.
The Administrative Official may attach any condition to the permit necessary to protect the health, safety and welfare of the City of New Roads and minimize adverse impacts on adjacent properties.
F.
Review Criteria . The Administrative Official shall consider the following criteria in approving or denying an administrative adjustment.
1.
The strict application of the terms of this Code will result in undue hardship unless the specific relief requested is granted.
2.
The plight of the owner is due to unique circumstances inherent to the subject property and not from the personal situation of the owner.
3.
The adjustment, if granted, will not alter the existing character of the neighborhood.
G.
Appeal . A final decision by the Administrative Official may be appealed to the Board of Adjustments within thirty (30) days of the decision.
A.
Purpose . The purpose of the variance procedure is to afford an applicant relief from the requirements of the letter of the code when unnecessary hardship or practical difficulty exists.
B.
Authority . The Board of Adjustments shall have the authority to grant variances from the terms of this Code, subject to terms and conditions fixed by the Board, where literal enforcement of the provisions of this Code will result in practical difficulties or unnecessary hardship, if in granting such variance the general intent and purpose of this Code will be preserved.
C.
Application .
1.
A pre-application conference is mandatory.
2.
All applications for Variance shall be filed in writing with the Administrative Official in accordance to Article III - 2.1 Common Review Procedures.
D.
Review by Administrative Official . The Administrative Official may refer the application to other affected or interested agencies for review and comment.
E.
Public Hearing and Decision by the Board of Adjustments .
1.
Following notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of this Code, the Board of Adjustments shall approve, approve with conditions or deny the variance request, within forty-five (45) days from the filing of a complete application, except where such time period is extended by the applicant.
2.
The Board may attach any condition to the Variance necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties.
F.
Review Criteria . No variance shall be authorized unless the Board of Adjustments finds that all of the following conditions exist:
1.
That the variance will not authorize a use other than those allowed in the district;
2.
That, due to exceptional and/or extraordinary circumstances, literal enforcement of the provisions of this Code will result in practical difficulties or unnecessary hardships;
3.
That the practical difficulties or unnecessary hardship were not created by the owner of the property or the applicant and are not due to or the result of general conditions in the district which the property is located;
4.
That the practical difficulties or unnecessary hardship are not solely financial;
5.
That the variance will not substantially or permanently injure the allowed uses of adjacent conforming property;
6.
That the applicant has adequately addressed any concerns raised by the Administrative Official.
G.
Appeals . A final decision by the Board of Adjustments may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the decision.
A.
Purpose . Appeals to the Board of Adjustments may be filed by an aggrieved party or by any official or department of the City of New Roads affected by any decision of a public official concerning this code. Appeals shall be based on, and provide evidence of, an error in application of the law or a conflict in the law.
B.
Initiation . A property owner, or expressly authorized designee may file an appeal with the Board of Adjustments within thirty (30) days of the decision by the public official.
C.
Authority . The Board of Adjustments shall have the authority to hear an appeal of an administrative decision.
D.
Application .
1.
A pre-application conference is optional.
2.
All appeals of an administrative decision shall be filed in writing with the City of New Roads.
3.
The applicant shall provide a written statement citing the decision that is being appealed, and any reason why the appeal should be granted.
E.
Stay of Proceedings . An appeal stays all proceeding in furtherance of the action appealed, unless the Administrative Official certifies to the Board of Adjustments after the notice of appeal has been filed, that a stay would cause imminent peril of life or property. In such case proceedings shall not be stayed except by restraining order that may be granted by Pointe Coupee Parish Civil District Court.
F.
Public Hearing and Decision by the Board of Adjustments .
1.
Following notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of this code, the Board of Adjustments shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Public Official.
2.
The Board may reserve or affirm, wholly or partially or may modify the order, requirement, decision or determination appealed and make such order, requirement, decision or determination.
3.
Any Party may appear at the proceedings in person, by agent or by attorney.
G.
Testimony and Evidence . The Board of Adjustments shall limit testimony and other evidence to that contained in the record at the time that the public official took final action on the administrative decision.
H.
Review Criteria . The Board of Adjustments shall consider the following criteria in deciding an appeal;
1.
Whether the decision by the Official was in accordance with the intent and requirements of this Code;
2.
Whether the Official made erroneous findings based on the evidence and information presented in the original application, or failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or
3.
Whether the Public Official acted arbitrarily or capriciously.
I.
Appeal . A final decision by the Board of Adjustment on an administrative appeal may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the decision.
A.
Purpose . The Site Plan Review process is intended to promote orderly development and redevelopment in the City of New Roads, and to ensure the development occurs in a manner that is harmonious with the surrounding neighborhood, is consistent with the Master Plan and promotes the health, safety and welfare. Site Plan Review provides standards by which to determine and control the physical layout, compatibility of adjacent land uses and structures, minimize traffic impacts and incorporate stormwater management.
B.
Site Plan Review by the Planning Commission is required for:
1.
Construction of more than four (4) residential units on a platted lot of record or construction or expansion of residential development that brings the total residential gross floor area to fifteen thousand (15,000) square feet or more.
2.
All non-residential construction or expansion resulting in over ten thousand (10,000) square feet of gross floor area.
3.
Creation of more than twenty thousand (20,000) square feet of impervious coverage.
4.
Any new development within an Overlay District, excluding single-family residential dwellings.
C.
Authority . The Planning Commission shall have the authority to take formal action for development that requires Site Plan Review.
D.
Application .
1.
A Pre-application conference is mandatory.
2.
All Applications for site plan review must be submitted to the Administrative Official in accordance with Article III -2.1 Common Review Procedures.
3.
Submittal Requirements - In addition to any other information required by this code, site plans shall be prepared at a scale at not more than fifty (50) to one (1) inch and contain the following information:
a.
The name of the individual or firm preparing the plan.
b.
The north arrow, scale, and date.
c.
The boundaries and dimensions of the property involved, the general location of all existing easements, sector lines, property lines, existing streets, structures or waterways, and other significant physical features in or adjoining the project.
d.
The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground utilities and structures in or near the project.
e.
The general location and character of construction of any proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, numbers of parking and loading spaces, exterior lighting systems, storm drainage, and sanitary facilities.
f.
The approximate height of all proposed structures, principal and accessory, or major excavations in relation to heights of structures on adjoining property. The location should be drawn to scale but full dimensioning is not required.
g.
Building elevations, locations, and dimensions.
h.
General location of parking and site circulation.
i.
General location, height, and material of all fences, walls, screening, and landscape.
j.
General location, character, size, and height, and orientation of proposed signs.
k.
A tabulation of the total gross area in square feet or acres of the project site and the floor area in square feet of any building(s) in the proposed development.
l.
Such other information as may be required in order to meet standards in the district in which the use is to be located.
m.
A narrative description of how the proposed development addresses the design goals.
n.
Landscape Plan stamped by a Landscape Architected licenses by the state of Louisiana.
E.
Review by Administrative Official .
1.
The Administrative Official may refer the application to other affected or relevant or interested agencies for review and comment.
F.
Review and Public Hearing by Planning Commission .
1.
The Planning Commission shall hold a public hearing in accordance with Article III -2.1.D. Public Notice and Article III - 2.1.E. Public Hearing.
2.
After the public hearing, the Planning Commission shall make a final decision on the Site Plan Review. The Planning Commission may approve, approve with conditions, or deny the site plan for a within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
3.
In making a final decision the Planning Commission shall consider the recommendation of the Administrative Official, the evidence presented at the hearing, relevant comments of all interested parties and the review criteria outlined in Section 1.5.G of this Article.
4.
The Planning Commission may attach conditions to the site plan to comply with this and/or other City Ordinances, or as necessary to protect the health, safety and welfare of the City of New Roads and to minimize adverse impacts to adjacent properties.
G.
Review Criteria . The Planning Commission shall consider the following criteria in approving or denying a site plan:
1.
The proposed development is consistent with the pertinent elements of the City of New Roads 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 City.
4.
The site plan demonstrates:
a.
Compliance with any prior approvals;
b.
Site design and development intensity appropriate for and tailored 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 City as a whole;
e.
Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwater; and
f.
Adequate access for disabled residents through the provision of special parking spaces, accessible routes between parking areas and buildings, passenger loading zones and access to other facilities.
g.
Any adverse impacts on adjacent properties have been minimized or mitigated.
H.
Modification of Approved Site Plan . The Administrative Official is authorized to approve minor modifications to an approved site plan. All modifications not listed as minor below shall be considered by the body that approved the original site plan. The following modifications shall be considered minor:
1.
Up to ten percent (10%) increase or any decrease in gross floor area of a single building;
2.
Up to a ten percent (10%) reduction or any increase in the approved setbacks from exterior property lines;
3.
Relocation of parking areas, internal streets or structures where such relocation occurs more than fifty (50) feet from exterior property lines.
I.
Building Permit . No Building Permit shall be issued for developments requiring site plan review until the site plan has been approved.
J.
Appeals . A final decision by the Planning Commission may be appealed to the City Council within thirty (30) days of the decision.
K.
Expirations . An approved site plan is valid for up to one (1) year from the date of the original approval. After one (1) year if a building permit has not been obtained by the applicant the site plan approval will expire, unless granted an extension by the Planning Commission.
(Ord. No. 2018-04 , § I, 11-13-18)
A.
Purpose . The regulations imposed and the districts created by this code may be amended supplemented, changed, modified or repealed, as determined by the New Roads City Council.
B.
Initiation . Zoning Text Amendments are initiated as follows:
1.
The City Council, Planning Commission or a property owner in the City or other person expressly authorized in writing by an owner, or any citizen of the City of New Roads may file an application for a text amendment.
C.
Authority . The City Council shall take formal action on a Zoning Text Amendment application after a recommendation from the Planning Commission.
D.
Application .
1.
A Pre-Application conference is mandatory.
2.
A Zoning Text Amendment application shall be filed in writing with the Administrative Official in accordance with the application requirements in Article III - 2.1 Common Review Procedures.
E.
Review by the Administrative Official . The Administrative Official shall review the application and may refer the application to other affected or interested agencies for review and comment.
F.
Public Hearing and Decision by the Planning Commission .
1.
Following public notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of these regulations, the Planning Commission shall recommend to approve, approve with conditions, or deny the proposed Zoning Text Amendment application within sixty (60) days of filing 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 Administrative Official, relevant comments of all interested partied and the review criteria in Section 1.6.H of this code.
G.
Public Hearing and Decision by the City Council .
1.
Following public notice and a public hearing required by Article III - 2.1 D and E of this code, the City Council shall approve, approve with conditions, or deny Zoning Text Amendment application within sixty (60) days of the Planning Commission's final action.
2.
In making this recommendation, the City Council shall consider the recommendations of the Planning Commission and Building Official, relevant comments of all interested parties and the review criteria in Section 1.6.H of this Article.
H.
Review Criteria . The Planning Commission and the City Council shall consider the following review criteria in approving or denying a Zoning Text Amendment:
1.
The proposed zoning text amendment is consistent with the pertinent elements of the City of New Roads Master Plan and any other adopted plans;
2.
The proposed amendment does not create significant conflicts with the remainder of this Code;
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 Code;
4.
Whether or not the text amendment revises this Code to comply with State or Federal statutes or case law.
I.
Appeal . A final decision by the City Council on a zoning text amendment may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the date of the final decision by the City Council.
A.
Purpose . The regulations imposed and the districts created by this Code may be amended supplemented, changed, modified or repealed, as determined by the New Roads City Council.
B.
Initiation . Zoning Map Amendments are initiated as follows:
1.
The City Council, Planning Commission or a property owner in the City or other person expressly authorized in writing by an owner may file an application for a zoning map amendment.
C.
Authority . The City Council shall take formal action on request for map amendments after receiving recommendation from the Planning Commission.
D.
Application .
1.
A Pre-Application conference with the Administrative Official is mandatory.
2.
All applications shall be filed with the Administrative Official in accordance to Article III - 2.1 Common Review Procedures of this code and reviewed for completeness.
E.
Review by Administrative Official . The Administrative Official may refer the application to other affected or interested agencies for review and comment.
F.
Public Hearing and Decision by the Planning Commission .
1.
Following notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of this Code, the Planning Commission shall recommend to approve, or recommend to deny the proposed Zoning Map amendment within sixty (60) days of filing 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 Administrative Official, revenant comments of all interested partied and the review criteria in Section 1.7.H of this Article.
G.
Public Hearing and Decision by the City Council .
1.
Following notice and a public hearing required by Article III - 2.1.D and 2.1.E Public Notice of this code, the City Council shall accept or deny the Planning Commission's recommendation within sixty (60) days of the Planning Commission's final action.
2.
In making this recommendation, the City Council shall consider the recommendations of the Planning Commission and Administrative Official, relevant comments of all interested parties and the review criteria in Section 1.7.H.
H.
Review Criteria . The Planning Commission and the City Council shall consider the following review criteria in approving or denying any zoning map amendment:
1.
The proposed map amendment is consistent with the pertinent elements of the City of New Roads Master Plan and any other adopted plans;
2.
The proposed map amendment is consistent with the adjacent zoning classifications and uses within the City of New Roads;
3.
The proposed zoning map amendment will reinforce the existing or planned character of the neighborhood and City.
4.
The site is appropriate for development allowed in the proposed zoning district.
5.
There are established reasons why the property cannot be used according to existing zoning.
6.
Public facilities and services including school, roads, recreation facilities, wastewater treatment, water supply, stormwater management, police and fire protection 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.
I.
Appeal . A final decision by the City Council on a zoning map amendment may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the date of the decision by the City Council.
A.
Purpose . A Conditional Use Permit is required for any uses that require particular considerations as to its proper location to adjacent, established, or intended uses in a district, or to the planned growth of the community. This section sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional uses. The designation of a use within a zoning district as conditional does not constitute an assurance that such use will be approved. 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.
Authority . The City Council, after receiving a recommendation from City Planning Commission, shall take formal action on requests for conditional uses.
C.
Application .
1.
A pre-application meeting is with the Administrative Official is mandatory.
2.
All applications for a conditional use permit shall be filed in writing with the Administrative Official. Such material required may include but is not limited to the following, when applicable:
a.
Site 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, landscaping, and buffering.
d.
Proposed signs and lighting, including type, dimensions and character.
D.
Review by Administrative Official . The Administrative Official may refer the application to other affected or interested agencies for review and comment.
E.
Public Hearing and Decision by the Planning Commission .
1.
Following notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of this code, the Planning Commission shall recommend to approve, approve with conditions, or deny the proposed conditional use permit within sixty (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 recommendation of the Administrative Official, relevant comments of all interested parties and the review criteria in Section 1.8.G of this Article.
3.
The Planning 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. These conditions may include, but are not limited to the following:
a.
Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion or traffic;
b.
Change the required lot size or yard dimension;
c.
Change the height, size or location of buildings, structures and facilities;
d.
Control the location and number of vehicle access points;
e.
Change the street width;
f.
Change the number of required off-street parking spaces;
g.
Limit the number, size, location or lighting of signs;
h.
Require additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
i.
Designate sites for open space.
j.
Provide ease of access to major roadways.
k.
Assure that the degree of compatibility to the surrounding land use shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which the use is proposed to be located.
F.
Public Hearing by the City Council .
1.
Following notice and a public hearing as required by Article III - 2.1.D and 2.1.E of this code, the City Council shall accept, accept with conditions, or deny the Planning Commission's recommendation on the conditional use permit within sixty (60) days of the Planning Commission's final action.
2.
In making this recommendation, the City Council shall consider the recommendations of the Administrative Official and the Planning Commission, relevant comments of all interested parties and the review criteria in Section 1.8.G of this Article.
3.
The City Council 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. Such conditions may include, but are not limited to, those in Section 1.8.E.3 of this Article.
4.
If the City Council fails to act on the Planning Commission's recommendation, the Commission's recommendation shall stand as the final decision on the matter.
G.
Review Criteria .
1.
The proposed conditional use permit is consistent with the pertinent elements of the City of New Roads 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 City.
4.
The conditional use permit complies with any specific use standards or limitations in Article VI Chapter 1. Use Standards of this Code.
5.
Any adverse impacts on adjacent properties attributable to the conditional use have been minimized or mitigated.
6.
No more than twenty-five (25) percent of adjacent property owners have an objection to the proposed conditional use that is consistent with items 1—5 above. Objections may be made by the adjacent property owner or a designated representative in writing or in person via the following process:
a.
Written: Letters shall be sent to the Building Administrator must be received by the Administrative Official prior to the City Council Public Hearing. The letters shall be signed and notarized to verify the ownership interest in the adjacent property, and the letters must state the reason(s) for the objection. The sender and the nature of the objection shall be presented at the public hearing.
b.
In Person: The adjacent property owner or their designated representative may attend either the Planning & Zoning Public Hearing or the City Council Public Hearing to register their opposition. Attendance at both hearings is not required to count towards the twenty-five (25) threshold.
c.
Adjacent, as used in this context, refers to all private property that is within fifty (50) linear feet from the boundaries of the subject property.
H.
Rules for Approved Conditional Uses .
1.
Approval of a conditional use authorizes only the particular use for which the conditional use is issued.
2.
No Use authorized by a conditional use may be enlarged, extended, or relocated unless an application is made for approval of a new conditional use in accordance with the procedures set forth in this section.
I.
Effect of Denial . The denial of a conditional use permit application shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.
J.
Appeal . A final decision by the City Council on a Conditional Use may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the date of the decision by the City Council.
K.
Expiration .
1.
A conditional use permit shall expire after twelve (12) months if a building permit or use and occupancy permit has not been issued, unless any extension is granted by the City Council.
2.
Where conditional use has been granted but no substantial construction other than clearing and grubbing has been executed within twelve (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/or use and occupancy is established, the conditional use permit shall expire after six (6) months if the use is abandoned or discontinued. The property owner and/or business must apply for a new conditional use, or upgrade to meet all requirements of this code 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 twelve (12) months.
L.
Revocation of Conditional Use Permit . If any terms of a conditional use permit or other requirements of this code are violated, the City Council may revoke the conditional use permit.
(Ord. No. 2018-04 , § V, 11-13-18)
A.
Purpose . The purpose of a Certificate of Appropriateness is to ensure the unique historical character with the Historic District in the City of New Roads.
B.
Initiation . Certificate of Appropriateness is required before the commencement of any work in the Historic District that involves the following:
1.
Erection of any new building or other construction in the Historic District.
2.
Any external alteration or addition to any existing structure in the Historic District, including but not limited to fences, boundary walls, light fixtures, steps, paving or other appurtenant fixtures.
3.
Painting and major repairing to the exterior of any exiting building.
4.
Construction or changes to any signage.
5.
Demolition or relocation of a structure or building.
C.
Authority . The Historic District Commission shall have the authority to issue a Certificate of Appropriateness.
D.
Application .
1.
A pre-application hearing with the Administrative Official is mandatory.
2.
All applications for Certificate of Appropriateness shall be filed in writing with the City of New Roads. Said application shall contain the following:
a.
Site and development plans at an appropriate scale showing proposed placement of structures on the property and required yards and open spaces;
b.
The proposed appearance, color, texture, or materials as to the architectural design of the exterior, including front, sides, rear of the building; and
c.
Alterations and/or additions of any building, out building, accessory structure, party wall, courtyard, sidewalk, driveway, parking area, fence, and/or sign.
E.
Review Criteria . The Historic District Commission shall issue certificates of appropriateness to encourage preservations, rehabilitation, renovation, additions, alterations and/or construction of exterior features of a structure or building to be compatible with the scale, materials, texture, colors and rhythm of the historic districts. The commission shall consider the proposed project and how it impacts the district in these terms.
F.
Building Permits . No Building Permit shall be issued without a certificate of appropriateness from the Historic District Commission.
G.
Appeal . Any person or persons aggrieved by any decision, act, or proceeding of the Historic District Commission shall have the right to appeal in writing to the City Council within thirty (30) days for, and the Administrative Official shall have the right to stay all further action until the City Council shall have the opportunity to rule herein. The Council shall hear the matter within forty-five (45) days of the submitted appeal.
A.
Purpose . The purpose of this development tool is to encourage flexibility, innovation and variety in the development of land in order to: promote its most appropriate use; to improve the design, character and quality of development; to facilitate the adequate and economic provision of streets, utilities and services; to achieve beneficial land use relationships with the surrounding area; to preserve the unique natural and scenic features of the landscape; and to preserve open space. The following criteria represent the objectives of the planning district.
1.
Environmentally sensitive design that is of a higher quality than would be possible under the regulation otherwise applicable of the property;
2.
Diversification in the uses permitted and variation in the relationship of uses, open spaces and the setbacks in developments intended as cohesive unified projects;
3.
Functional and beneficial uses of open space areas;
4.
Preservation of natural features of a development site such as ponds, lakes, creeks, streams, wetlands and animal habitats.
B.
Initiation . Any authorized agency of the municipality, parish, state, or federal government or the private owner of any tract of land, containing an area of not less than three (3) acres may submit a plan for the development of such tract of land, the design of which makes it desirable to apply regulations more flexible than those contained within this Code. Complete details can be found in Article X - 5.1 Special Developments.
C.
PUD Application and Approval Process . The PUD application and approval process shall consist of the following steps three steps:
1.
PUD Overlay and Conceptual Plan recommendation by Planning Commission and approval by City Council. See Section 1.11 Planned Unit Development (PUD) Conceptual Plan.
2.
PUD preliminary Plan recommendation by Planning Commission and approval by City Council See Article X-5.6 PUB Preliminary Plan and Application Approval.
3.
PUD Final Plan and Final Plat approval by Planning Commission See Article X-5.8 PUB Final Plan Application and Approval.
A.
PUD Conceptual Plan Pre-Application Meeting .
1.
A pre-application meeting is required before submitting an application.
a.
This meeting will facilitate the exchange of information between the proposed developer, planning and zoning staff, and all other applicable city agencies.
b.
The general characteristics of the proposal, evidenced schematically by sketch plans, shall presented during the pre-application meeting.
c.
The Administrative Official and other relevant City of New Roads officials shall furnish the applicant with written comments from the pre-application meeting, including appropriate recommendation to inform and assist the applicant prior to preparing the components of the PUD Conceptual Plan application.
B.
Application .
1.
All applications for a PUD Conceptual Plan shall be filed in writing with the Administrative Official Article III - 2.1 Common Review Procedures.
2.
The application shall include the following additional materials:
a.
A narrative explaining and tabulating the land uses by net acre, number of dwelling units by housing type, residential density, open space acreage, square footage of non-residential uses per net acre, and the relationship of the proposed development to existing development in the area and other related development features.
b.
A concept plan schematically showing major streets, major utilities, land uses, access to existing streets, major open space and a conceptual drainage plan.
c.
The applicant may provide concurrent applications for site plan or subdivision review.
C.
Review by Administrative Official .
1.
The Administrative Official may refer the application to other affected or interested agencies for review and comment.
D.
Review and Public Hearing by Planning Commission .
1.
The Planning Commission shall hold a public hearing in accordance with Article III - 2.1. D Public Notice and Article III - 2.1.E Public Hearing.
2.
Planning Commission shall recommend to approve, approve with conditions, or deny the proposed PUD Conceptual Plan within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
3.
In making this recommendation, the Planning Commission shall consider the recommendations of the Administrative Official, relevant comments of all interested parties and the review criteria in Section 1.10.D.6
E.
Public Hearing and Decision by the City Council .
1.
Following notice and a public hearing as required by Article III.2.1.D Public Notice and Article III - 2.1.E Public Hearing the City Council shall accept, accept with conditions, or deny the Planning Commission's recommendation on the PUD Conceptual Plan within sixty (60) days of the Planning Commission's final action.
2.
In making this recommendation, the City Council shall consider the recommendations of the Administrative Official and the Planning Commission, Design Review Board report and comments, relevant comments of all interested parties and the review criteria in Section 1.10.D.6.
3.
Failure to act shall result in an approval of the Planning Commission's recommendation.
F.
Review Criteria . The Planning Commission and the City Council shall consider the following criteria in approving or denying a PUD Conceptual Plan:
1.
The proposed development is consistent with the standards and uses of the underlying and adjacent zoning districts.
2.
The proposed development will reinforce the existing or planned character of the neighborhood and the City.
3.
The site is appropriate for the development proposed in the PUD Conceptual Plan.
4.
The proposed development demonstrates a higher quality of site design than is possible under other available zoning districts, and is not used solely to avoid the requirements of the base zoning district.
5.
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 PUD Conceptual Plan.
6.
The proposed development will not substantially or permanently injure the appropriate use of adjacent conforming properties.
G.
Action Following Approval . Approval of a PUD Conceptual Plan authorizes the submission of a PUD Preliminary Plan and site plans consistent with the PUD Conceptual Plan approval.
H.
Appeal . A final decision by the City Council PUD Conceptual Plan may be appealed to the Pointe Coupee Parish Civil District Court.
I.
Expiration . A PUD Conceptual Plan expires after two (2) years if no preliminary plat, site plan or building permit has been filed.
ZONING PROCESSES
Purpose. The purpose of this Chapter is to delineate the applicability, procedures, and requirements, and approval standards that apply to each zoning application and approval.
A.
Purpose . The purpose of a zoning verification is to promote compliance with this Code by establishing a procedure for the City to verify that an application complies with all the standards of the Code.
1.
A zoning verification shall be issued prior to the issuance of a building permit, certificate of occupancy, sign permit or business license; or, as part of the application for a building permit, certificate of occupancy, sign permit or business license.
2.
A zoning verification is needed only for the first permit or license issued for the building or site.
B.
Authority . The Administrative Official shall review and approve Zoning Verifications in accordance with the provisions of this Section.
C.
Application .
1.
A pre-application conference is optional.
2.
An application for a Zoning Verification should be filed in writing with the Administrative Official in accordance with the application requirement in Article III - 2.1. Common Review Procedures.
3.
The applicant shall also submit the following materials, unless waived by the Administrative Official: the proposed use or uses for the subject property, a brief description of the construction, remodeling, or alteration requiring the issuance of a Zoning Verification, and such other and further information or documentation as the Administrative Official may deem necessary or appropriate.
D.
Review by Administrative Official . The Administrative Official shall review the application and may refer the application to other affected or interested agencies for review and comment.
E.
Public Notice and Decision by Administrative Official . The Administrative Official shall fulfill the Public Notice requirements of Article III - 2.1.D Public Notice and consider whether the current or proposed development meets the requirements of these regulations in approving or denying the zoning verification within ten (10) days of a complete application or zoning verification request.
F.
Appeal . A final decision by the Administrative Official on Zoning Verification may be appealed to the Board of Adjustments within thirty (30) days of the decision.
A.
Purpose . The purpose of an Administrative Adjustment is to provide relief from carrying out a requirement of this Code that may cause a minor practical difficulty.
B.
Authority . The Administrative Official is authorized to grant certain Administrative Adjustments, as defined below.
1.
A reduction of any required setback or yard by up to fifteen percent (15%).
2.
An increase in the maximum building height of any building by five feet (5') or five percent (5%), whichever is less.
3.
An increase in lot coverage by no more than five percent (5%).
4.
Any other Administrative Adjustment authorized by a specific section of this development code.
C.
Application .
1.
A pre-application conference is optional.
2.
An application for Administrative Adjustment shall be filed in writing with the Administrative Official in accordance with the application requirements in Article III - 2.1 Common Review Procedures.
D.
Review by the Administrative Official . The Administrative Official shall review the application and may refer the application to other affected or interested agencies for review and comment.
E.
Public Notice and Decision by Administrative Official .
1.
The Administrative Official shall fulfill the public notice requirements of Article III - 2.1.D Public Notice and shall approve, approve with conditions, or deny the Administrative Adjustment application within fifteen (15) days of the date of the completed application. When making this decision the Administrative Official shall consider relevant comments of all interested parties and the review criteria in Section 1.2.F of this Article.
2.
The Administrative Official may attach any condition to the permit necessary to protect the health, safety and welfare of the City of New Roads and minimize adverse impacts on adjacent properties.
F.
Review Criteria . The Administrative Official shall consider the following criteria in approving or denying an administrative adjustment.
1.
The strict application of the terms of this Code will result in undue hardship unless the specific relief requested is granted.
2.
The plight of the owner is due to unique circumstances inherent to the subject property and not from the personal situation of the owner.
3.
The adjustment, if granted, will not alter the existing character of the neighborhood.
G.
Appeal . A final decision by the Administrative Official may be appealed to the Board of Adjustments within thirty (30) days of the decision.
A.
Purpose . The purpose of the variance procedure is to afford an applicant relief from the requirements of the letter of the code when unnecessary hardship or practical difficulty exists.
B.
Authority . The Board of Adjustments shall have the authority to grant variances from the terms of this Code, subject to terms and conditions fixed by the Board, where literal enforcement of the provisions of this Code will result in practical difficulties or unnecessary hardship, if in granting such variance the general intent and purpose of this Code will be preserved.
C.
Application .
1.
A pre-application conference is mandatory.
2.
All applications for Variance shall be filed in writing with the Administrative Official in accordance to Article III - 2.1 Common Review Procedures.
D.
Review by Administrative Official . The Administrative Official may refer the application to other affected or interested agencies for review and comment.
E.
Public Hearing and Decision by the Board of Adjustments .
1.
Following notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of this Code, the Board of Adjustments shall approve, approve with conditions or deny the variance request, within forty-five (45) days from the filing of a complete application, except where such time period is extended by the applicant.
2.
The Board may attach any condition to the Variance necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties.
F.
Review Criteria . No variance shall be authorized unless the Board of Adjustments finds that all of the following conditions exist:
1.
That the variance will not authorize a use other than those allowed in the district;
2.
That, due to exceptional and/or extraordinary circumstances, literal enforcement of the provisions of this Code will result in practical difficulties or unnecessary hardships;
3.
That the practical difficulties or unnecessary hardship were not created by the owner of the property or the applicant and are not due to or the result of general conditions in the district which the property is located;
4.
That the practical difficulties or unnecessary hardship are not solely financial;
5.
That the variance will not substantially or permanently injure the allowed uses of adjacent conforming property;
6.
That the applicant has adequately addressed any concerns raised by the Administrative Official.
G.
Appeals . A final decision by the Board of Adjustments may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the decision.
A.
Purpose . Appeals to the Board of Adjustments may be filed by an aggrieved party or by any official or department of the City of New Roads affected by any decision of a public official concerning this code. Appeals shall be based on, and provide evidence of, an error in application of the law or a conflict in the law.
B.
Initiation . A property owner, or expressly authorized designee may file an appeal with the Board of Adjustments within thirty (30) days of the decision by the public official.
C.
Authority . The Board of Adjustments shall have the authority to hear an appeal of an administrative decision.
D.
Application .
1.
A pre-application conference is optional.
2.
All appeals of an administrative decision shall be filed in writing with the City of New Roads.
3.
The applicant shall provide a written statement citing the decision that is being appealed, and any reason why the appeal should be granted.
E.
Stay of Proceedings . An appeal stays all proceeding in furtherance of the action appealed, unless the Administrative Official certifies to the Board of Adjustments after the notice of appeal has been filed, that a stay would cause imminent peril of life or property. In such case proceedings shall not be stayed except by restraining order that may be granted by Pointe Coupee Parish Civil District Court.
F.
Public Hearing and Decision by the Board of Adjustments .
1.
Following notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of this code, the Board of Adjustments shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Public Official.
2.
The Board may reserve or affirm, wholly or partially or may modify the order, requirement, decision or determination appealed and make such order, requirement, decision or determination.
3.
Any Party may appear at the proceedings in person, by agent or by attorney.
G.
Testimony and Evidence . The Board of Adjustments shall limit testimony and other evidence to that contained in the record at the time that the public official took final action on the administrative decision.
H.
Review Criteria . The Board of Adjustments shall consider the following criteria in deciding an appeal;
1.
Whether the decision by the Official was in accordance with the intent and requirements of this Code;
2.
Whether the Official made erroneous findings based on the evidence and information presented in the original application, or failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or
3.
Whether the Public Official acted arbitrarily or capriciously.
I.
Appeal . A final decision by the Board of Adjustment on an administrative appeal may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the decision.
A.
Purpose . The Site Plan Review process is intended to promote orderly development and redevelopment in the City of New Roads, and to ensure the development occurs in a manner that is harmonious with the surrounding neighborhood, is consistent with the Master Plan and promotes the health, safety and welfare. Site Plan Review provides standards by which to determine and control the physical layout, compatibility of adjacent land uses and structures, minimize traffic impacts and incorporate stormwater management.
B.
Site Plan Review by the Planning Commission is required for:
1.
Construction of more than four (4) residential units on a platted lot of record or construction or expansion of residential development that brings the total residential gross floor area to fifteen thousand (15,000) square feet or more.
2.
All non-residential construction or expansion resulting in over ten thousand (10,000) square feet of gross floor area.
3.
Creation of more than twenty thousand (20,000) square feet of impervious coverage.
4.
Any new development within an Overlay District, excluding single-family residential dwellings.
C.
Authority . The Planning Commission shall have the authority to take formal action for development that requires Site Plan Review.
D.
Application .
1.
A Pre-application conference is mandatory.
2.
All Applications for site plan review must be submitted to the Administrative Official in accordance with Article III -2.1 Common Review Procedures.
3.
Submittal Requirements - In addition to any other information required by this code, site plans shall be prepared at a scale at not more than fifty (50) to one (1) inch and contain the following information:
a.
The name of the individual or firm preparing the plan.
b.
The north arrow, scale, and date.
c.
The boundaries and dimensions of the property involved, the general location of all existing easements, sector lines, property lines, existing streets, structures or waterways, and other significant physical features in or adjoining the project.
d.
The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground utilities and structures in or near the project.
e.
The general location and character of construction of any proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, numbers of parking and loading spaces, exterior lighting systems, storm drainage, and sanitary facilities.
f.
The approximate height of all proposed structures, principal and accessory, or major excavations in relation to heights of structures on adjoining property. The location should be drawn to scale but full dimensioning is not required.
g.
Building elevations, locations, and dimensions.
h.
General location of parking and site circulation.
i.
General location, height, and material of all fences, walls, screening, and landscape.
j.
General location, character, size, and height, and orientation of proposed signs.
k.
A tabulation of the total gross area in square feet or acres of the project site and the floor area in square feet of any building(s) in the proposed development.
l.
Such other information as may be required in order to meet standards in the district in which the use is to be located.
m.
A narrative description of how the proposed development addresses the design goals.
n.
Landscape Plan stamped by a Landscape Architected licenses by the state of Louisiana.
E.
Review by Administrative Official .
1.
The Administrative Official may refer the application to other affected or relevant or interested agencies for review and comment.
F.
Review and Public Hearing by Planning Commission .
1.
The Planning Commission shall hold a public hearing in accordance with Article III -2.1.D. Public Notice and Article III - 2.1.E. Public Hearing.
2.
After the public hearing, the Planning Commission shall make a final decision on the Site Plan Review. The Planning Commission may approve, approve with conditions, or deny the site plan for a within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
3.
In making a final decision the Planning Commission shall consider the recommendation of the Administrative Official, the evidence presented at the hearing, relevant comments of all interested parties and the review criteria outlined in Section 1.5.G of this Article.
4.
The Planning Commission may attach conditions to the site plan to comply with this and/or other City Ordinances, or as necessary to protect the health, safety and welfare of the City of New Roads and to minimize adverse impacts to adjacent properties.
G.
Review Criteria . The Planning Commission shall consider the following criteria in approving or denying a site plan:
1.
The proposed development is consistent with the pertinent elements of the City of New Roads 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 City.
4.
The site plan demonstrates:
a.
Compliance with any prior approvals;
b.
Site design and development intensity appropriate for and tailored 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 City as a whole;
e.
Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwater; and
f.
Adequate access for disabled residents through the provision of special parking spaces, accessible routes between parking areas and buildings, passenger loading zones and access to other facilities.
g.
Any adverse impacts on adjacent properties have been minimized or mitigated.
H.
Modification of Approved Site Plan . The Administrative Official is authorized to approve minor modifications to an approved site plan. All modifications not listed as minor below shall be considered by the body that approved the original site plan. The following modifications shall be considered minor:
1.
Up to ten percent (10%) increase or any decrease in gross floor area of a single building;
2.
Up to a ten percent (10%) reduction or any increase in the approved setbacks from exterior property lines;
3.
Relocation of parking areas, internal streets or structures where such relocation occurs more than fifty (50) feet from exterior property lines.
I.
Building Permit . No Building Permit shall be issued for developments requiring site plan review until the site plan has been approved.
J.
Appeals . A final decision by the Planning Commission may be appealed to the City Council within thirty (30) days of the decision.
K.
Expirations . An approved site plan is valid for up to one (1) year from the date of the original approval. After one (1) year if a building permit has not been obtained by the applicant the site plan approval will expire, unless granted an extension by the Planning Commission.
(Ord. No. 2018-04 , § I, 11-13-18)
A.
Purpose . The regulations imposed and the districts created by this code may be amended supplemented, changed, modified or repealed, as determined by the New Roads City Council.
B.
Initiation . Zoning Text Amendments are initiated as follows:
1.
The City Council, Planning Commission or a property owner in the City or other person expressly authorized in writing by an owner, or any citizen of the City of New Roads may file an application for a text amendment.
C.
Authority . The City Council shall take formal action on a Zoning Text Amendment application after a recommendation from the Planning Commission.
D.
Application .
1.
A Pre-Application conference is mandatory.
2.
A Zoning Text Amendment application shall be filed in writing with the Administrative Official in accordance with the application requirements in Article III - 2.1 Common Review Procedures.
E.
Review by the Administrative Official . The Administrative Official shall review the application and may refer the application to other affected or interested agencies for review and comment.
F.
Public Hearing and Decision by the Planning Commission .
1.
Following public notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of these regulations, the Planning Commission shall recommend to approve, approve with conditions, or deny the proposed Zoning Text Amendment application within sixty (60) days of filing 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 Administrative Official, relevant comments of all interested partied and the review criteria in Section 1.6.H of this code.
G.
Public Hearing and Decision by the City Council .
1.
Following public notice and a public hearing required by Article III - 2.1 D and E of this code, the City Council shall approve, approve with conditions, or deny Zoning Text Amendment application within sixty (60) days of the Planning Commission's final action.
2.
In making this recommendation, the City Council shall consider the recommendations of the Planning Commission and Building Official, relevant comments of all interested parties and the review criteria in Section 1.6.H of this Article.
H.
Review Criteria . The Planning Commission and the City Council shall consider the following review criteria in approving or denying a Zoning Text Amendment:
1.
The proposed zoning text amendment is consistent with the pertinent elements of the City of New Roads Master Plan and any other adopted plans;
2.
The proposed amendment does not create significant conflicts with the remainder of this Code;
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 Code;
4.
Whether or not the text amendment revises this Code to comply with State or Federal statutes or case law.
I.
Appeal . A final decision by the City Council on a zoning text amendment may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the date of the final decision by the City Council.
A.
Purpose . The regulations imposed and the districts created by this Code may be amended supplemented, changed, modified or repealed, as determined by the New Roads City Council.
B.
Initiation . Zoning Map Amendments are initiated as follows:
1.
The City Council, Planning Commission or a property owner in the City or other person expressly authorized in writing by an owner may file an application for a zoning map amendment.
C.
Authority . The City Council shall take formal action on request for map amendments after receiving recommendation from the Planning Commission.
D.
Application .
1.
A Pre-Application conference with the Administrative Official is mandatory.
2.
All applications shall be filed with the Administrative Official in accordance to Article III - 2.1 Common Review Procedures of this code and reviewed for completeness.
E.
Review by Administrative Official . The Administrative Official may refer the application to other affected or interested agencies for review and comment.
F.
Public Hearing and Decision by the Planning Commission .
1.
Following notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of this Code, the Planning Commission shall recommend to approve, or recommend to deny the proposed Zoning Map amendment within sixty (60) days of filing 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 Administrative Official, revenant comments of all interested partied and the review criteria in Section 1.7.H of this Article.
G.
Public Hearing and Decision by the City Council .
1.
Following notice and a public hearing required by Article III - 2.1.D and 2.1.E Public Notice of this code, the City Council shall accept or deny the Planning Commission's recommendation within sixty (60) days of the Planning Commission's final action.
2.
In making this recommendation, the City Council shall consider the recommendations of the Planning Commission and Administrative Official, relevant comments of all interested parties and the review criteria in Section 1.7.H.
H.
Review Criteria . The Planning Commission and the City Council shall consider the following review criteria in approving or denying any zoning map amendment:
1.
The proposed map amendment is consistent with the pertinent elements of the City of New Roads Master Plan and any other adopted plans;
2.
The proposed map amendment is consistent with the adjacent zoning classifications and uses within the City of New Roads;
3.
The proposed zoning map amendment will reinforce the existing or planned character of the neighborhood and City.
4.
The site is appropriate for development allowed in the proposed zoning district.
5.
There are established reasons why the property cannot be used according to existing zoning.
6.
Public facilities and services including school, roads, recreation facilities, wastewater treatment, water supply, stormwater management, police and fire protection 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.
I.
Appeal . A final decision by the City Council on a zoning map amendment may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the date of the decision by the City Council.
A.
Purpose . A Conditional Use Permit is required for any uses that require particular considerations as to its proper location to adjacent, established, or intended uses in a district, or to the planned growth of the community. This section sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional uses. The designation of a use within a zoning district as conditional does not constitute an assurance that such use will be approved. 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.
Authority . The City Council, after receiving a recommendation from City Planning Commission, shall take formal action on requests for conditional uses.
C.
Application .
1.
A pre-application meeting is with the Administrative Official is mandatory.
2.
All applications for a conditional use permit shall be filed in writing with the Administrative Official. Such material required may include but is not limited to the following, when applicable:
a.
Site 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, landscaping, and buffering.
d.
Proposed signs and lighting, including type, dimensions and character.
D.
Review by Administrative Official . The Administrative Official may refer the application to other affected or interested agencies for review and comment.
E.
Public Hearing and Decision by the Planning Commission .
1.
Following notice and a public hearing as required by Article III - 2.1.D Public Notice and 2.1.E Public Hearing of this code, the Planning Commission shall recommend to approve, approve with conditions, or deny the proposed conditional use permit within sixty (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 recommendation of the Administrative Official, relevant comments of all interested parties and the review criteria in Section 1.8.G of this Article.
3.
The Planning 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. These conditions may include, but are not limited to the following:
a.
Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion or traffic;
b.
Change the required lot size or yard dimension;
c.
Change the height, size or location of buildings, structures and facilities;
d.
Control the location and number of vehicle access points;
e.
Change the street width;
f.
Change the number of required off-street parking spaces;
g.
Limit the number, size, location or lighting of signs;
h.
Require additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
i.
Designate sites for open space.
j.
Provide ease of access to major roadways.
k.
Assure that the degree of compatibility to the surrounding land use shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which the use is proposed to be located.
F.
Public Hearing by the City Council .
1.
Following notice and a public hearing as required by Article III - 2.1.D and 2.1.E of this code, the City Council shall accept, accept with conditions, or deny the Planning Commission's recommendation on the conditional use permit within sixty (60) days of the Planning Commission's final action.
2.
In making this recommendation, the City Council shall consider the recommendations of the Administrative Official and the Planning Commission, relevant comments of all interested parties and the review criteria in Section 1.8.G of this Article.
3.
The City Council 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. Such conditions may include, but are not limited to, those in Section 1.8.E.3 of this Article.
4.
If the City Council fails to act on the Planning Commission's recommendation, the Commission's recommendation shall stand as the final decision on the matter.
G.
Review Criteria .
1.
The proposed conditional use permit is consistent with the pertinent elements of the City of New Roads 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 City.
4.
The conditional use permit complies with any specific use standards or limitations in Article VI Chapter 1. Use Standards of this Code.
5.
Any adverse impacts on adjacent properties attributable to the conditional use have been minimized or mitigated.
6.
No more than twenty-five (25) percent of adjacent property owners have an objection to the proposed conditional use that is consistent with items 1—5 above. Objections may be made by the adjacent property owner or a designated representative in writing or in person via the following process:
a.
Written: Letters shall be sent to the Building Administrator must be received by the Administrative Official prior to the City Council Public Hearing. The letters shall be signed and notarized to verify the ownership interest in the adjacent property, and the letters must state the reason(s) for the objection. The sender and the nature of the objection shall be presented at the public hearing.
b.
In Person: The adjacent property owner or their designated representative may attend either the Planning & Zoning Public Hearing or the City Council Public Hearing to register their opposition. Attendance at both hearings is not required to count towards the twenty-five (25) threshold.
c.
Adjacent, as used in this context, refers to all private property that is within fifty (50) linear feet from the boundaries of the subject property.
H.
Rules for Approved Conditional Uses .
1.
Approval of a conditional use authorizes only the particular use for which the conditional use is issued.
2.
No Use authorized by a conditional use may be enlarged, extended, or relocated unless an application is made for approval of a new conditional use in accordance with the procedures set forth in this section.
I.
Effect of Denial . The denial of a conditional use permit application shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.
J.
Appeal . A final decision by the City Council on a Conditional Use may be appealed to the Pointe Coupee Parish Civil District Court within thirty (30) days of the date of the decision by the City Council.
K.
Expiration .
1.
A conditional use permit shall expire after twelve (12) months if a building permit or use and occupancy permit has not been issued, unless any extension is granted by the City Council.
2.
Where conditional use has been granted but no substantial construction other than clearing and grubbing has been executed within twelve (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/or use and occupancy is established, the conditional use permit shall expire after six (6) months if the use is abandoned or discontinued. The property owner and/or business must apply for a new conditional use, or upgrade to meet all requirements of this code 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 twelve (12) months.
L.
Revocation of Conditional Use Permit . If any terms of a conditional use permit or other requirements of this code are violated, the City Council may revoke the conditional use permit.
(Ord. No. 2018-04 , § V, 11-13-18)
A.
Purpose . The purpose of a Certificate of Appropriateness is to ensure the unique historical character with the Historic District in the City of New Roads.
B.
Initiation . Certificate of Appropriateness is required before the commencement of any work in the Historic District that involves the following:
1.
Erection of any new building or other construction in the Historic District.
2.
Any external alteration or addition to any existing structure in the Historic District, including but not limited to fences, boundary walls, light fixtures, steps, paving or other appurtenant fixtures.
3.
Painting and major repairing to the exterior of any exiting building.
4.
Construction or changes to any signage.
5.
Demolition or relocation of a structure or building.
C.
Authority . The Historic District Commission shall have the authority to issue a Certificate of Appropriateness.
D.
Application .
1.
A pre-application hearing with the Administrative Official is mandatory.
2.
All applications for Certificate of Appropriateness shall be filed in writing with the City of New Roads. Said application shall contain the following:
a.
Site and development plans at an appropriate scale showing proposed placement of structures on the property and required yards and open spaces;
b.
The proposed appearance, color, texture, or materials as to the architectural design of the exterior, including front, sides, rear of the building; and
c.
Alterations and/or additions of any building, out building, accessory structure, party wall, courtyard, sidewalk, driveway, parking area, fence, and/or sign.
E.
Review Criteria . The Historic District Commission shall issue certificates of appropriateness to encourage preservations, rehabilitation, renovation, additions, alterations and/or construction of exterior features of a structure or building to be compatible with the scale, materials, texture, colors and rhythm of the historic districts. The commission shall consider the proposed project and how it impacts the district in these terms.
F.
Building Permits . No Building Permit shall be issued without a certificate of appropriateness from the Historic District Commission.
G.
Appeal . Any person or persons aggrieved by any decision, act, or proceeding of the Historic District Commission shall have the right to appeal in writing to the City Council within thirty (30) days for, and the Administrative Official shall have the right to stay all further action until the City Council shall have the opportunity to rule herein. The Council shall hear the matter within forty-five (45) days of the submitted appeal.
A.
Purpose . The purpose of this development tool is to encourage flexibility, innovation and variety in the development of land in order to: promote its most appropriate use; to improve the design, character and quality of development; to facilitate the adequate and economic provision of streets, utilities and services; to achieve beneficial land use relationships with the surrounding area; to preserve the unique natural and scenic features of the landscape; and to preserve open space. The following criteria represent the objectives of the planning district.
1.
Environmentally sensitive design that is of a higher quality than would be possible under the regulation otherwise applicable of the property;
2.
Diversification in the uses permitted and variation in the relationship of uses, open spaces and the setbacks in developments intended as cohesive unified projects;
3.
Functional and beneficial uses of open space areas;
4.
Preservation of natural features of a development site such as ponds, lakes, creeks, streams, wetlands and animal habitats.
B.
Initiation . Any authorized agency of the municipality, parish, state, or federal government or the private owner of any tract of land, containing an area of not less than three (3) acres may submit a plan for the development of such tract of land, the design of which makes it desirable to apply regulations more flexible than those contained within this Code. Complete details can be found in Article X - 5.1 Special Developments.
C.
PUD Application and Approval Process . The PUD application and approval process shall consist of the following steps three steps:
1.
PUD Overlay and Conceptual Plan recommendation by Planning Commission and approval by City Council. See Section 1.11 Planned Unit Development (PUD) Conceptual Plan.
2.
PUD preliminary Plan recommendation by Planning Commission and approval by City Council See Article X-5.6 PUB Preliminary Plan and Application Approval.
3.
PUD Final Plan and Final Plat approval by Planning Commission See Article X-5.8 PUB Final Plan Application and Approval.
A.
PUD Conceptual Plan Pre-Application Meeting .
1.
A pre-application meeting is required before submitting an application.
a.
This meeting will facilitate the exchange of information between the proposed developer, planning and zoning staff, and all other applicable city agencies.
b.
The general characteristics of the proposal, evidenced schematically by sketch plans, shall presented during the pre-application meeting.
c.
The Administrative Official and other relevant City of New Roads officials shall furnish the applicant with written comments from the pre-application meeting, including appropriate recommendation to inform and assist the applicant prior to preparing the components of the PUD Conceptual Plan application.
B.
Application .
1.
All applications for a PUD Conceptual Plan shall be filed in writing with the Administrative Official Article III - 2.1 Common Review Procedures.
2.
The application shall include the following additional materials:
a.
A narrative explaining and tabulating the land uses by net acre, number of dwelling units by housing type, residential density, open space acreage, square footage of non-residential uses per net acre, and the relationship of the proposed development to existing development in the area and other related development features.
b.
A concept plan schematically showing major streets, major utilities, land uses, access to existing streets, major open space and a conceptual drainage plan.
c.
The applicant may provide concurrent applications for site plan or subdivision review.
C.
Review by Administrative Official .
1.
The Administrative Official may refer the application to other affected or interested agencies for review and comment.
D.
Review and Public Hearing by Planning Commission .
1.
The Planning Commission shall hold a public hearing in accordance with Article III - 2.1. D Public Notice and Article III - 2.1.E Public Hearing.
2.
Planning Commission shall recommend to approve, approve with conditions, or deny the proposed PUD Conceptual Plan within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.
3.
In making this recommendation, the Planning Commission shall consider the recommendations of the Administrative Official, relevant comments of all interested parties and the review criteria in Section 1.10.D.6
E.
Public Hearing and Decision by the City Council .
1.
Following notice and a public hearing as required by Article III.2.1.D Public Notice and Article III - 2.1.E Public Hearing the City Council shall accept, accept with conditions, or deny the Planning Commission's recommendation on the PUD Conceptual Plan within sixty (60) days of the Planning Commission's final action.
2.
In making this recommendation, the City Council shall consider the recommendations of the Administrative Official and the Planning Commission, Design Review Board report and comments, relevant comments of all interested parties and the review criteria in Section 1.10.D.6.
3.
Failure to act shall result in an approval of the Planning Commission's recommendation.
F.
Review Criteria . The Planning Commission and the City Council shall consider the following criteria in approving or denying a PUD Conceptual Plan:
1.
The proposed development is consistent with the standards and uses of the underlying and adjacent zoning districts.
2.
The proposed development will reinforce the existing or planned character of the neighborhood and the City.
3.
The site is appropriate for the development proposed in the PUD Conceptual Plan.
4.
The proposed development demonstrates a higher quality of site design than is possible under other available zoning districts, and is not used solely to avoid the requirements of the base zoning district.
5.
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 PUD Conceptual Plan.
6.
The proposed development will not substantially or permanently injure the appropriate use of adjacent conforming properties.
G.
Action Following Approval . Approval of a PUD Conceptual Plan authorizes the submission of a PUD Preliminary Plan and site plans consistent with the PUD Conceptual Plan approval.
H.
Appeal . A final decision by the City Council PUD Conceptual Plan may be appealed to the Pointe Coupee Parish Civil District Court.
I.
Expiration . A PUD Conceptual Plan expires after two (2) years if no preliminary plat, site plan or building permit has been filed.