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Ponchatoula City Zoning Code

PART 8

- AMENDMENTS, PETITION AND REVIEW, ZONING COMMISSION, CITY COUNCIL ACTION

Sec. 8.1. - [Procedures.]

The city council of Ponchatoula may amend this ordinance, or revoke it in its entirety, upon its own motion or upon recommendation from the zoning commission, official public notice has been advertised and a favorable vote of a majority of the council has been received.

8.101. Public hearing/notice required.

1.

The zoning commission shall hold a public hearing. Notice of the date, time, and place of such hearing must be published at least three times in the official journal of the municipality and at least ten days shall elapse between the first publication and the date of the hearing. Out-of-town property owners shall be notified of such hearing by certified mail if such owners have property adjacent to the property being considered for rezoning.

2.

The city council shall hold a public hearing upon any request for an amendment to this ordinance. Notice of the proposed change and the time, date, and place of the hearing shall be published once a week for three different weeks in the official paper of the city. At least 15 days shall elapse between the first publication of the date of the hearing. The city council shall not act until it has received a final report from the zoning commission.

8.102. [Failure of amendment to receive approval.] Any amendment that has failed to receive approval of the zoning commission shall not be passed by the city council except by the affirmative vote of three-fifths of the legislative body (council).

8.103. [Sign notice.] A printed notice in bold type shall be posted at the site of the property subject to rezoning, for not less than ten consecutive days prior to the zoning commission hearing. Signs shall not be less than 1½ square feet in area. Such signs shall be made to resist discoloration and bending due to wetness and shall be prepared and placed by the building official or zoning administrator in a conspicuous place on the property proposed for rezoning. Signs shall be placed on each street adjoining the area proposed for rezoning. Though the sign is placed by a city representative, the applicant is responsible for ensuring that the sign stays posted for the time required and shall report to the city if the sign(s) has been removed from the property. Such signs shall give the time, place, date, and purpose of the public hearing for rezoning.

8.104. [Appeals.] Appeals to the zoning commission and to the city council concerning their decision will not be accepted by these boards but must be forwarded to the courts for judicial review by the aggrieved party. Any citizen may petition for a change, rezoning, or amendment to be heard by the zoning board and city council, provided that it has been one year since the same, or substantially the same, amendment was voted upon by the city council.

8.105. [Protest petitions.] Protest petitions may be presented by property owners opposing a proposed rezoning if such petition is presented to the secretary of the zoning commission or city council at least five days in advance of the public meeting at which the rezoning is to be heard. If such protest petition is signed and acknowledged by the owners of 20 percent or more, either of the areas of land (exclusive of streets and alleys) included in the proposed change or within an area determined by lines drawn parallel to and 200 feet distant from the boundaries of the district proposed to be changed, then the proposed change (rezoning) can only be approved by a three-fifths majority vote of the city council (R.S. 33:4725).

8.106. [Decision.] The zoning commission shall make their decision on any proposed amendment to the zoning ordinance and/or zoning map within 60 days from the date such amendment is first heard at a public meeting. If a decision is not made within 60 days, then the amendment will be considered approved for recommendation to the council. The city council shall decide likewise within 60 days from introduction of and ordinance in correct form.

8.107. [Withdrawal of application; refunds.] [For the] withdrawal of application [or] refunds, see section 5.02.