A.

Purpose. This section lists the decision-making authority of city bodies and officials as established by this zoning ordinance.

B.

City council. The city council has the following duties and responsibilities with respect to this ordinance:

1.

Adopt zoning ordinance and zoning maps.

2.

Hear and decide upon applications to amend the zoning ordinance or the zoning map.

3.

Hear and decide upon applications for a traditional neighborhood development zone.

4.

Hear and decide upon appeals from planning commission decisions on applications for site plan approval.

5.

Hear and decide upon applications for approval of subdivision plans and concept plans for planned developments.

6.

Hear and decide upon applications for special exceptions as authorized in this ordinance.

C.

Board of adjustment. The board of adjustment has the following duties and responsibilities:

1.

Hear and decide upon applications for variances from the terms of this ordinance. A variance is authorized only for height, area and size of structure or the size of yards, setbacks and lot width. The board is not authorized to grant variances to density or minimum lot size, or to authorize the establishment or expansion of a use otherwise prohibited.

2.

Hear appeals from decisions of the administrator where there is an alleged error in any order, decision, or determination in the administration of this ordinance.

D.

Planning commission. The planning commission has the following duties and responsibilities with respect to this ordinance:

1.

Hear and decide upon applications for site plans.

2.

Make recommendations to the city council on proposed amendments to the text of this zoning ordinance or to the official zoning maps.

3.

Make recommendations to the city council on special exception applications.

4.

Make recommendations to the city council on subdivision plans and concept plan applications for planned developments.

5.

Decide on requests for "alternative compliance" in relation to landscaping requirements, as provided in section 7.3.I.

6.

Other tasks as established by this ordinance or by the Louisiana Revised Statutes.

E.

Administrator. The administrator has the following duties and responsibilities with respect to this ordinance:

1.

Receive applications as authorized in this ordinance; determine whether applications are complete; coordinate with boards and commissions; process applications.

2.

Publish meeting schedules and agendas for the planning commission and the board of adjustments as necessary.

3.

Maintain the official zoning maps and written text of this ordinance in current status; issue updated maps and text at least once each year; provide for public copies of maps and texts upon request.

4.

Maintain permanent records of proceedings and actions taken pursuant to the zoning ordinance by the planning commission, board of adjustments or city council. Retain copies of approved plans and conditions of approval.

5.

Review applications for building permits and zoning permits to determine compliance with the provisions of this ordinance.

6.

Conduct investigations as necessary to determine compliance with or violations of this ordinance; order correction of violations and participate in the prosecution and abatement of violations of this ordinance.

7.

Other duties as established by this zoning ordinance or delegated by the mayor and city council.

8.

The administrator may delegate duties and responsibilities in any function assigned by this zoning ordinance to City of Port Allen staff or officials. The administrator may also be assisted by staff of West Baton Rouge Parish.

(Ord. No. 1-2016, § 1, 4-13-2016)

A.

Applications.

1.

Forms. Applications required under this chapter shall be submitted on application forms and in such numbers as required by the decision-making body.

2.

Proof of ownership. All applications that address a particular property under this ordinance shall include proof of ownership. Such proof may include a preliminary title report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements or servitudes and judgments of record affecting the subject property.

3.

Property owner endorsement.

a.

All applications shall include the name and signature of the current property owner(s) of all property within the boundaries; or

b.

Where the owner is not the applicant, the application shall include evidence that the applicant is a duly authorized agent of the owner. Contract purchasers of property shall submit a written power of attorney signed by the owner.

4.

Content. An application shall not be reviewed, scheduled for a public hearing, or otherwise processed until the administrator determines that the application includes all information and material necessary to evaluate the application under the requirements of this ordinance.

B.

Fees.

1.

All applications shall be accompanied by the associated filing fee and shall be filed with the administrator.

2.

The mayor and city council shall establish fees for matters pertaining to this ordinance to cover costs associated with the processing of applications, including review of applications and the provision of required public notices.

3.

The planning commission or the mayor and city council may authorize review of an application by a third party.

a.

The administrator shall notify the applicant of the third party review and expected costs prior to proceeding with the review.

b.

All costs associated with review by a third party of material submitted with an application shall be billed to the applicant.

c.

These costs shall be in addition to the application fee and must be paid in full before approval of the application becomes effective.

4.

Filing fees are not refundable except where an application was accepted in error or the fee paid exceeded the amount due. Fees may be refunded or partially refunded, where applications are withdrawn prior to publication of any notices.

C.

Review for completeness.

1.

The administrator shall review applications for completeness prior to beginning the review process. An application shall be considered complete only after the administrator certifies that it is provided in the required form and with the required number of copies, includes all information necessary for accurate review, and is accompanied by the applicable fee.

2.

A determination of completeness shall be made by the administrator within five working days of application filing.

3.

If an application is determined to be incomplete, the administrator shall contact the applicant to explain the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected.

4.

If the deficiencies are not corrected by the applicant within 15 working days, the application shall be considered withdrawn and returned to the applicant. The administrator shall not hold partial submissions.

5.

All applications must be certified complete before the application is scheduled for a public meeting or hearing with the approving body.

D.

Referrals. The administrator may forward completed applications submitted under this article to such other public officials and agencies as required by law or as deemed appropriate for further review.

E.

Concurrent applications.

1.

Applications for development approvals may be filed and reviewed concurrently.

2.

Applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications.

F.

Public notice requirements.

1.

Notice posted at city hall: For all matters on which a recommendation or decision is to be made by the planning commission, a notice shall be posted at city hall and in the planning commission's published agenda at least seven days prior to the public hearing.

2.

Published notice for zoning map or zoning text amendments:

a.

Notice of the city council's public hearing shall be published once a week in three different weeks in a newspaper of general circulation in the city. At least 15 days shall elapse between the first publication and the date of the public hearing.

b.

Notice of the planning commission's public hearing to make a recommendation to the city council shall be published once a week in three different weeks in a newspaper of general circulation in the city. At least 15 days shall elapse between the first publication and the date of the public hearing.

3.

Published notice for other matters: For matters to be decided by the city council other than zoning map or zoning text amendments, and for matters to be decided by the board of adjustment pursuant to this ordinance, notice of the public hearing shall be published in a newspaper of general circulation in the city at least 15 days prior to the public hearing.

4.

Notice posted on property: For variance, special exception, and concept plan applications, and for zoning map amendment applications submitted by a property owner, a sign shall be posted on the subject property by the owner or the owner's agent for a continuous period beginning at least 15 days prior to the public hearing and continuing to the date of the public hearing. The notice to be posted shall be provided by the administrator.

5.

Mailed notice: At least ten days prior to a public hearing on a zoning map amendment that is initiated by the planning commission or city council, a good faith attempt to notify the owner of record shall be made by sending an official notice by certified U.S. mail of the time, place and subject matter of the hearing. When more than ten parcels are to be zoned or rezoned by enactment of a zoning ordinance, the published advertisement as required by section 10.2.F.2 above shall be considered adequate notice to the property owners.

6.

Content of notice: The notices listed above shall contain the following specific information.

a.

Address of the subject property (if available);

b.

General location of the land that is the subject of the application, which may include a location map;

c.

Description of the action requested;

d.

Where a rezoning is proposed, the current and proposed districts;

e.

Time, date and location of the public hearing;

f.

A phone number to contact the city; and

g.

A statement that interested parties may appear at the public hearing in person, or by agent or attorney.

G.

Notice of decision. Within 14 days after a decision is made, a copy of the written decision shall be sent to the applicant and filed with the administrator, where it shall be available for public inspection during regular office hours.

H.

Resubmittal of denied application.

1.

An application for a zoning text or map amendment, special exception or variance that has been denied will not be reviewed or accepted for processing within one year of the date of denial unless substantial new evidence is available or a significant mistake of law or of fact affected the prior denial.

2.

The administrator, in consultation with the decision-making body, shall decide whether the subsequent application is appropriate for resubmittal before expiration of the one-year wait requirement.

3.

An application resubmitted earlier than one year from the date of denial shall include detailed statement of the grounds justifying its consideration.

4.

If no new grounds exist for consideration of the subsequent application, the official shall return the application to the applicant.

(Ord. No. 1-2016, § 1, 4-13-2016)

A.

Zoning map amendments.

1.

An application to amend the zoning map (rezoning) may be submitted by the owner(s) of the property proposed for rezoning, by the city council, or by the planning commission.

2.

The planning commission shall consider the application at a public hearing and make a recommendation to the city council.

3.

Zoning of annexed land.

a.

Upon receiving notice from the city council that a petition has been received to annex land into Port Allen, the Commission shall hold a public hearing for the purpose of recommending the appropriate zoning for the annexed property as required by state statutes. The appropriate zoning shall be determined based upon consideration of adjacent zoning, the current use, and the proposed land use in the City of Port Allen Master Plan.

b.

The petition for annexation shall set forth the appropriate city zoning, as determined by the planning commission, before adoption of an annexation ordinance by the mayor and city council of Port Allen.

4.

Decision by city council.

a.

No public hearing shall be held and no action shall be taken by the city council on a proposed amendment to the zoning maps until the planning commission has forwarded its written recommendation.

b.

When taking action on a rezoning application, the city council may grant the district applied for or a more restrictive district, but shall not grant rezoning to a less restrictive district.

5.

Approval criteria. In evaluating any proposed zoning map amendment, the planning commission and the city council shall consider the following:

a.

Consistency with the City of Port Allen Master Plan and any other adopted plans;

b.

Consistency with the purposes of this chapter and of the district to which rezoning is sought;

c.

Compatibility of the proposed district with the character of the neighborhood, including existing zoning and actual uses of adjacent and nearby properties;

d.

Suitability of the subject property for the types of development and uses for which it may be used under the existing zoning, the proposed zoning, or an alternative zoning district.

B.

Zoning ordinance (text) amendments.

1.

An application for an amendment to this chapter may be filed by any property owner or government agency.

2.

The planning commission shall consider the application at a public meeting and make a recommendation to the city council.

3.

Decision by city council. No public hearing shall be held and no action shall be taken by the city council on a proposed amendment to the zoning ordinance until the planning commission has forwarded its written recommendation.

4.

Approval criteria. In evaluating any proposed amendment of the text of this chapter, the planning commission and the city council shall consider:

a.

Consistency with the City of Port Allen Master Plan and any other adopted plans; and

b.

Consistency with the purposes of this chapter.

C.

Concept plan approval for planned developments.

1.

Applicability. The planned development review process is required for all new residential developments of 15 or more dwelling units or lots in the R-1, R-2, R-3, R-4 and R-5 districts.

2.

Plan approval process. The following plan approval process is required for a planned development:

a.

Approval of a concept plan by the planning commission and the city council.

b.

Approval of subdivision plats consistent with the concept plan and as required by the subdivision ordinance.

c.

For uses that require a site plan pursuant to section 10.5 of this ordinance, approval of site plans consistent with the concept plan.

d.

The applicant may submit concurrent applications for site plan and subdivision review.

3.

Review and decision.

a.

The property owner shall file an application for the approval of a concept plan as provided in section 10.2 above. The planning commission shall determine the number of copies of plans to be submitted.

b.

The city plan reviewer shall review the concept plan and provide detailed comments to the planning commission that note any deficiencies and recommended revisions, corrections or additions to the plan.

c.

The planning commission shall make a recommendation to the city council on the plan. The commission's recommendation may be either approval, approval subject to stated conditions, or disapproval.

d.

The city council shall decide upon the concept plan after holding a public hearing and considering the concept plan, the comments from the plan reviewer and the planning commission's recommendation. The council's decision may be approval, approval subject to stated conditions, or disapproval.

e.

If the city council approves the plan subject to conditions, a revised plan showing compliance with the conditions shall be submitted for concurrence by the administrator prior to submission of a subdivision plat or site plan.

f.

If disapproved, the applicant may submit a revised plan as a new application.

4.

Effect. Approval of a concept plan is the city's authorization to submit subdivision plats and site plans for review and approval. Subdivision plats and site plans shall not be approved unless they are consistent with the concept plan.

5.

Lapse.

a.

An approved concept plan shall be effective for three years from the date of approval by the city council, or for a longer period as established by the city council in its concept plan approval based on a phasing plan submitted as part of the concept plan. If subdivision plats and site plans for the area covered by the concept plan have not been approved by the end of the effective period, the concept plan approval is null and void. If plats and site plans have been approved only for a portion of the development area, the concept plan for the remaining area shall be null and void. The applicant shall be required to submit a new concept plan for review and approval subject to the then existing regulations.

b.

At any time prior to 60 days following the lapse of approval for a concept plan, the property owner may petition the city council to extend the approval. In determining whether to grant such request, the council shall take into account the reasons for lapse and the extent to which newly adopted regulations would apply to the development area if the concept plan must be resubmitted.

c.

The commission shall specify an effective time period for any extension of the concept plan approval.

6.

Amendments and additions.

a.

At any time following the approval of a concept plan, the property owner may request an amendment.

b.

Concept plan amendments and additions must be approved by the city council following the procedure for the original concept plan submission.

7.

Criteria for approval. The planning commission and the city council shall consider the following criteria in making their recommendation and decision on the proposed planned development:

a.

The proposed development is consistent with the pertinent elements of the City of Port Allen Master Plan and any other adopted plans.

b.

The proposed development is consistent with the standards of the zoning ordinance.

c.

The proposed concept plan will enhance the existing or planned character of the neighborhood and the city.

d.

The site is appropriate for the development proposed in the development plan.

e.

The proposed development demonstrates a high quality of site design.

f.

The proposed development provides for convenient pedestrian travel and contributes to the pathway network as shown in the City of Port Allen Master Plan.

g.

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

8.

Required information for concept plan. A concept plan application shall provide the information listed below on dimensioned, scaled drawings. The drawing shall include existing and proposed site conditions and improvements, as follows:

a.

Existing site features, including forested areas, wetlands, streams, canals, buildings and other improvements.

b.

Proposed streets.

c.

Proposed major utilities.

d.

Proposed land uses, including areas for single-family detached residential, multifamily residential, commercial and public uses.

e.

Access to existing streets.

f.

Major open space network, including the general location and purpose of common open space areas.

g.

A conceptual drainage plan in relationship to known canals and drainage basins.

h.

General phasing plan for developments that will proceed in two or more phases.

i.

If the development will include a neighborhood center with commercial uses, elevation drawings and proposed architectural standards for the neighborhood center and a list of proposed permitted uses for the neighborhood center.

j.

A tabulation of 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 other development features.

k.

Any other information deemed helpful by the applicant or necessary by the planning commission or city council to explain the nature of the application and its consistency with codes and ordinances.

D.

Special exceptions.

1.

The city council shall have authority to approve uses permitted as special exceptions by this zoning ordinance.

2.

The city council shall hear and decide only special exceptions specifically authorized by this chapter; and to grant special exceptions with conditions and safeguards appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter.

3.

The city council may approve the special exception if it finds that:

a.

It is empowered under the section of this chapter described in the application to grant the special exception;

b.

Granting the special exception will not adversely affect the public interest;

c.

The requirements governing the individual special exception have been met; and

d.

The approval criteria in subsection 4 below are addressed satisfactorily by the application.

4.

Approval criteria. In order to be approved, the city council must find that the following factors are addressed satisfactorily on the site plan:

a.

Ingress and egress to the property with particular reference to automotive and pedestrian safety and convenience;

b.

Exterior lighting, off-street parking, loading, refuse and service areas, with particular attention to the impacts of noise, glare or odor on adjoining properties and properties generally in the district;

c.

Adequacy of screening and buffering;

d.

Compatibility with properties in the district;

e.

Adequacy of yards, landscaping and open space to provide buffers if needed; and

f.

General compatibility with adjacent properties and other property in the district.

E.

Appeals. All appeals of decisions of the city council shall be to court as provided by law.

(Ord. No. 1-2016, § 1, 4-13-2016)

A.

Establishment and rules.

1.

The Port Allen Board of Adjustment is established as provided for in Section 4727, Title 33, of the Louisiana Revised Statutes of 1950 as amended.

2.

Membership, terms, removal, and selection of chair shall be as established by state statute.

3.

The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance.

4.

Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

B.

Procedures generally.

1.

The board of adjustment shall hold a public hearing prior to taking action on any matter.

2.

Any interested party shall have the opportunity to speak on the matter being considered at the public hearing.

3.

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the board.

4.

All decisions of the board of adjustment shall be in writing and shall state the reasons for the decision.

5.

The board shall:

a.

Act with due consideration to promoting public health, safety, convenience, and welfare, encouraging the most appropriate use of land and conserving property value;

b.

Permit no building or use detrimental to a neighborhood; and

c.

Prescribe appropriate conditions and safeguards in each case.

C.

Appeals of administrative decisions.

1.

The board of adjustment shall have the authority to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrator in the enforcement of this ordinance.

2.

Appeals to the board of adjustment concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the administrator.

3.

Such appeals shall be taken within a reasonable time, not to exceed 60 days or a lesser period as may be provided by the rules of the board, by filing with the administrator a notice of appeal specifying the grounds thereof. The administrator shall transmit to the board all papers constituting the record upon which the action appealed from was taken.

4.

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board of adjustment after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by restraining order which may be granted by a court of record, on notice to the administrative official from whom the appeal is taken and on due cause shown.

5.

The board of adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination.

D.

Variances.

1.

The board of adjustment shall have authority to approve variances from the terms of this ordinance where, owing to special conditions or peculiar circumstances, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship, or would not be in the best interest of the citizens of the city or of the aims of the city in promoting zoning.

2.

A variance from the terms of this ordinance shall not be granted by the board of adjustment unless a written application for a variance is submitted demonstrating:

a.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

b.

Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance;

c.

The special conditions and circumstances do not result from the actions of the applicant;

d.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district;

e.

The city as well as the neighborhood would best be served by granting the variance.

E.

Appeals from the board of adjustment. All appeals from decisions of the board of adjustment shall be to court as provided by law.

(Ord. No. 1-2016, § 1, 4-13-2016)

A.

Applicability. This section establishes a site plan review process for land development. An approved site plan shall be required prior to the approval of any building permit for the following types of development:

1.

New nonresidential structures of 2,000 square feet or more of building floor area.

2.

Additions to existing nonresidential structures of 1,000 square feet or more of building floor area.

3.

Multifamily residential development having more than four dwelling units, including attached single-family housing and apartments.

4.

Mobile home parks.

5.

Parking lot development or reconstruction of more than 20 spaces.

B.

Purpose. The site plan is a detailed plan of the public and private improvements to be constructed. The purpose of the plan is to:

1.

Ensure compliance with the zoning ordinance and other applicable regulations for which the city has enforcement responsibility.

2.

Protect and enhance the city's environmental and aesthetic quality.

3.

Ensure compliance with previously approvals affecting development of the property, such as subdivision plats or approved variances.

4.

Coordinate and document the design of public and private improvements.

5.

Display the relationship between the proposed development and the site's natural features, including vegetation, topography, and drainage factors.

6.

Determine the placement, configuration, coverage, size, use, intensity, bulk and height of structures to be constructed.

7.

Determine points of ingress and egress between the development and public streets.

8.

Determine vehicular circulation (including drives and aisles), pedestrian walkways and parking areas.

9.

Determine the location and design of open space, landscaping, walls, screens and amenities.

10.

Determine the preliminary design of drainage facilities and utilities.

11.

Delineate and demonstrate development phasing, if applicable.

C.

Application and review process.

1.

Review and decision.

a.

The property owner shall file an application for the approval of a site plan as provided in section 10.2 above.

b.

Following review by applicable agencies, the administrator shall provide comments to the planning commission that note any deficiencies and recommended revisions, corrections or additions to the plan.

c.

The planning commission shall take action on the plan. The commission's decision may be either approval, approval subject to stated conditions, or disapproval.

d.

If the planning commission approves the plan subject to conditions, a revised plan showing compliance with the conditions shall be submitted for concurrence by the administrator prior to submission of a building permit application.

e.

If disapproved, the applicant may revise the plan but it must be submitted as a new application.

2.

Appeal.

a.

The applicant may appeal the decision of the planning commission to the city council by filing a notice of appeal within ten days following the date the applicant receives the written decision denying the site plan or approving the site plan subject to conditions.

b.

The notice of appeal shall set forth in clear and concise fashion the basis for the appeal.

c.

The mayor and city council may affirm, modify, or reverse the decision of the planning commission following a public hearing on the appeal.

3.

Effect. Approval of a site plan is the city's authorization to apply for building permits. So long as the site plan remains valid, the city shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping, or screening.

4.

Lapse.

a.

An approved site plan shall be effective for two years from the date of approval by the planning commission, at the end of which time the applicant must have received approval of building permits. If the building permits are not approved, the site plan approval is null and void. If engineering plans and permits have been approved only for a portion of the improvements, the site plan for the remaining improvements shall be null and void. The applicant shall be required to submit a new site plan for review and approval subject to the then existing regulations.

b.

At any time prior to 60 days following the lapse of approval for a site plan, the property owner may petition the planning commission to extend the approval. In determining whether to grant such request, the commission shall take into account the reasons for lapse and the extent to which newly adopted regulations would apply to the site if the plan must be resubmitted.

c.

The commission shall specify an effective time period, not to exceed two years, for any extension of the site plan approval.

5.

Amendments and additions.

a.

At any time following the approval of a site plan, the property owner may request an amendment.

b.

Following the completion of improvements shown on an approved site plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised site plan.

c.

Site plan amendments and additions must be approved by the planning commission.

6.

Enforcement; revocation. Failure to comply with an approved site plan shall be considered a violation of this zoning ordinance. The site plan and conditions of approval shall be enforced as provided in section 10.8 for violations of the zoning ordinance.

D.

Standards of approval. The planning commission may approve, conditionally approve, or deny the application based upon comments from reviewing agencies and the criteria listed below:

1.

Compliance with the zoning ordinance and other applicable regulations and previously approved, valid plans for the property.

2.

Safety and efficiency of vehicular and pedestrian circulation, traffic control, and congestion mitigation.

3.

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

4.

The use of landscaping and screening:

a.

To enhance the city's environmental and aesthetic quality.

b.

To provide adequate buffers to shield adjacent properties from lights, noise, or activity when necessary.

c.

To complement the design and location of buildings and be integrated into the overall site design.

5.

The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

6.

Protection and conservation of watercourses and areas subject to flooding.

7.

The adequacy of streets, water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants.

E.

Required information for site plan. A site plan application shall provide the information listed below on dimensioned, scaled drawings on sheets size 11 inches by 17 inches or 24 inches by 36 inches. The drawing shall include existing and proposed site conditions and improvements, as follows:

1.

Site boundaries and dimensions, lot lines, site acreage and square footage, and approximate distance to the nearest cross street.

2.

Location map, north arrow, scale, title block, and site data summary table.

3.

Topography of one-foot contours or less, referenced to sea level datum.

4.

Natural features including tree masses and anticipated tree loss, floodplains, drainageways, and creeks.

5.

Land use on site and on adjacent properties.

6.

Building locations and footprints, including dimensions, size, coverage, height, building lines and setbacks, and use.

7.

Finished floor elevation of structures referenced to sea level datum.

8.

Public streets, private drives, and fire lanes with pavement widths, rights-of-way, median openings, turn lanes (including storage and transition space), and driveways (including those on adjacent property) with dimensions, radii, and surface type.

9.

Parking areas and structures, including the number and layout of standard spaces, handicap spaces, the location of ramps, crosswalks, and loading areas with typical dimensions and surface type.

10.

Access easements (servitudes) and offsite parking.

11.

Dumpster, recyling and trash compactor locations and screening.

12.

Proposed dedications and reservations of land for public use including, but not limited to, rights-of-way, easements, park land, open space, drainageways, floodplains, and facility sites.

13.

Screening walls, fences, and retaining walls, including screening for headlights and service areas, including height and type of construction and/or planting specification.

14.

Open space areas with dimensions and total square footage.

15.

Water and sanitary sewer mains and service lines with sizes, valves, fire hydrants, manholes, and other structures on site or immediately adjacent to the site specified.

16.

Water and sewer connections, meter locations, sizes, and meter and/or detector check valve vaults indicated. Table of the number of water meters by size and noting if they are existing or proposed.

17.

Inlets, culverts, and other drainage structures on site and immediately adjacent to the site.

18.

Phases of development, including delineation of areas, building sites, land use, and improvements to be constructed in independent phases and the scheduled timing and sequencing of development.

19.

A landscape plan that includes:

a.

Landscaped areas.

b.

Major existing plants, including all trees with three-inch caliper DBH (diameter measured at breast height) or greater and protected trees with trunk sizes using DBH including actual canopy spread of all protected trees or groupings of trees.

c.

A layout of proposed plant materials, sizes, and specifications. Common and botanical names must be identified adjacent to all plant material or by use of a key and legend.

d.

Irrigation or watering system plans if applicable.

e.

Tree preservation and protection plan, as described in section 7.5., tree preservation plans, if applicable.

f.

A summary tabulation of all landscape requirements.

g.

The following landscape and buffer maintenance agreement notation:

i.

The owner is responsible for the maintenance of all landscaping.

ii.

All plant materials must be maintained in a healthy and growing condition as is appropriate for the season of the year.

iii.

Plant materials which die must be replaced with similar healthy plant material.

iv.

All landscaping must be maintained in a neat and orderly manner at all times; including mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping.

v.

Landscaped areas must be kept free of trash, litter, weeds and other such material or plants not part of the landscaping.

vi.

All sight triangles shall be maintained in accordance with AASHTO standards as per the latest edition of A Policy on Geometric Design of Highways and Streets.

20.

For property in the DMU zone or highway commercial overlay zone, building elevation drawings for each building façade visible from a public street right-of-way or adjacent property. The drawings should show exterior building components, materials and finishes, architectural features, roof pitch and height.

21.

A traffic impact study, if required by the planning commission upon the recommendation of the reviewing agency responsible for road design and maintenance:

a.

Traffic flow patterns within the site, egresses and entrances, loading and unloading areas, and curb cuts on site and within 100 feet of the site.

b.

Traffic impact - The projected number of motor vehicle trips to enter or depart from the site shall be estimated for daily hour and peak hour traffic levels.

c.

A projected traffic flow pattern for both vehicular and pedestrian access shall be described and related to the site plan, including vehicular movement at all major intersections likely to be affected by the proposed use of the site.

d.

The impact of this traffic upon existing abutting public streets in relation to road capacities. Existing and proposed daily hour and peak hour traffic levels will be given and road capacity levels.

e.

As a result of the traffic impact study, the planning commission may require a plan to implement the improvements needed to provide for the free flow of traffic along roads abutting the site and identified as impacted by the proposed uses.

(Ord. No. 1-2016, § 1, 4-13-2016)

A.

Building permit required.

1.

No structure shall be erected, altered or moved until the administrator issues a building permit certifying that the plans and intended use of the land, building and structures are in conformity with this ordinance.

2.

Applications for permits under the provisions of this section shall be accompanied by a plan drawn to scale showing actual dimensions of the lot to be built on; the size, shape, and location of the building to be erected; the estimated cost thereof; and such other information as may be required by the administrator.

3.

For development requiring a site plan, the building permit shall not be approved unless the application complies with the approved site plan.

4.

All construction must be started within six months after issuance of building permits and shall be completed within 12 months after starting field construction unless extended by the administrator for good cause shown within 30 days of the expiration of the permit.

B.

Certificate of occupancy.

1.

No new building shall be occupied until a certificate of occupancy has been issued by the administrator.

2.

Prior to the issuance of a certificate of occupancy, the administrator shall inspect the site for compliance with the approved site plan or plot plan, including installation of landscaping.

3.

No change shall be made to the use or occupancy of land or an existing building until a certificate of occupancy has been issued by the administrator, except that no certificate of occupancy shall be required for a change in the occupancy of a dwelling.

4.

The certificate of occupancy shall be issued only if the new occupancy complies with all provisions of this ordinance.

C.

Compliance with landscape requirements.

1.

For nonresidential development that does not require site plan approval, the building permit application must include a plot plan demonstrating that the site will comply with the standards of the ordinance, including the landscaping standards of article 7.

2.

An extension for full installation of the landscape plan may be granted for up to six months, at the discretion of the administrator, in the event that weather or unforeseen circumstances prevent the timely completion of the landscape installation. If an extension is granted a conditional certificate of occupancy shall be issued and a follow-up inspection must be scheduled.

3.

Failure to install the required landscaping within the time allotted under the conditional certificate of occupancy shall be deemed a violation of this ordinance.

(Ord. No. 1-2016, § 1, 4-13-2016)

A.

When required. A zoning permit shall be required prior to the erection of a signs as required by section 8.1.D.

B.

Application and review process.

1.

All applications for zoning permits shall be filed in writing with the administrator as provided in section 10.2 above.

2.

The administrator may require other applications as necessary, such as an electrical permit for an illuminated sign.

3.

The administrator shall approve the zoning permit if it complies with the requirements of this ordinance.

(Ord. No. 1-2016, § 1, 4-13-2016)

A.

Violations. If any structure is erected, structurally altered, or maintained, or any structure or land is used in violation of this zoning code, the City of Port Allen, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, structural alteration, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

B.

Enforcement powers. This zoning ordinance shall be enforced by the administrator, who is empowered to:

1.

Cause any building, structure, place or premises to be inspected and examined; and

2.

Order in writing the correction of any condition found to exist in violation of any provision of this zoning code.

C.

Notice of violation. If the administrator finds that any of the provisions of this zoning code are being violated, the administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.

D.

Enforcement actions. The administrator shall order discontinuance of illegal use of land or structures; removal of illegal structures or additions, alterations or structural changes; discontinuance of any illegal work being done; correction of noncompliance with the standards of this zoning ordinance, or shall take any other action authorized by this statute to ensure compliance with or to prevent violation of its provisions.

E.

Penalty. Any person violating provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions established in connection with grants of variances or approvals of site plans) shall be guilty of a misdemeanor, and upon conviction shall be punished for each separate offense by a fine not exceeding $500.00 or imprisonment for a term not exceeding 30 days. Each day a violation of any provision of these regulations shall continue shall constitute a separate offense.

F.

Remedies and suits. The administrator or other city official may institute a suit for injunction in the Port Allen City Court to restrain any individual or a governmental unit from violating the provisions of this ordinance. The commission may also institute a suit for mandatory injunction directing any person to correct a violation of the provisions of this ordinance.

G.

Revocation of permits, certificates, or approvals.

1.

Authority to revoke. Any permit or approval granted under this ordinance may be revoked by the city in accordance with the provisions of this chapter, if the city finds that the recipient of the permit or approval fails to use, develop, or maintain the subject property in accordance with the plans submitted, the requirements and standards of this ordinance, or any additional requirements or conditions imposed by the city as a condition of receiving the permit or approval.

2.

Revocation procedure.

a.

If the city finds that sufficient grounds exist for the revocation of a permit or approval issued pursuant to this ordinance, the administrator must send the recipient ten days' written notice of intent to revoke, inform the recipient of the specific basis found to justify revocation, and specify the actions necessary to avoid revocation.

b.

The city may, upon request, review the basis of the intended revocation with the recipient.

c.

The recipient must implement the actions specified by the city within ten days of the date of notice or within such other reasonable time as may be determined by the city.

d.

If the city revokes a permit or approval issued pursuant to this ordinance, the administrator must send a written notice of revocation that describes the specific basis of the revocation and informs the recipient of the right to appeal the city's action.

3.

Appeal. The revocation of any permit or approval issued pursuant to this ordinance may be appealed to the board of adjustment by any person adversely affected by the revocation, under the processes set forth for administrative appeals.

(Ord. No. 1-2016, § 1, 4-13-2016)