(a)

City council.

(1)

Authority for final action. The city council is responsible for final action regarding:

a.

Code exceptions.

b.

Text amendments.

c.

Map amendments.

(b)

Planning/zoning commission.

(1)

Authority for final action. The planning/zoning commission is responsible for final action regarding:

a.

Site plans.

b.

Major subdivisions.

(2)

Review authority. The planning/zoning commission is responsible for review and recommendations regarding:

a.

Code exceptions.

b.

Text amendments.

c.

Map amendments.

(c)

Board of adjustment. Reserved.

(d)

Administrator.

(1)

Authority for final action. The administrator is responsible for final action regarding:

a.

Map compliance verifications.

b.

Warrants.

c.

Fence permits.

d.

Minor subdivisions.

(2)

Review authority. The administrator is responsible for review and recommendations regarding:

a.

Code exceptions.

b.

Site plans.

c.

Text amendments.

d.

Map amendments.

(Ord. No. 2014-2, § 1(Att. (§ I)), 3-6-2014; Ord. No. 2014-10, § 2(Att. (§ I)), 10-2-2014)

(a)

Common review procedures.

(1)

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

(2)

Pre-application conference.

a.

Optional. Before submitting an application for review, an applicant may schedule a pre-application conference with the administrator or his/her designee to discuss the procedures, standards and regulations required for approval. A pre-application conference is optional, except for the procedures listed below.

b.

Mandatory. Before submitting an application or site plan for the following types of review, an applicant must schedule a pre-application conference with the administrator or his/her designee to discuss the procedures, standards and regulations required for approval in accordance with this article and other applicable city codes.

1.

Site plan review.

2.

Code exception.

3.

Map amendment.

4.

Major subdivision.

5.

Minor subdivision.

(3)

Application.

a.

Application forms. Applications containing all requested information, and any necessary additional information must be submitted to the administrator on forms and in such numbers as required by this article, not less than 14 business days prior to the planning commission meeting to consider review of the application. All applications must be complete and sufficient for processing before they will be reviewed.

b.

Fees. No applications shall be reviewed, and no permit, certificate, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full. When an application is submitted on behalf of the City of Scott, no fees shall be required.

c.

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

d.

Modification of applications.

1.

Property owners may initiate an application at any time by filing with the administrator. Applications for transect map and text amendments may also be filed by the City of Scott Planning/Zoning Commission, another agent of the City of Scott, or any interested party.

2.

An application may be modified at the applicant's request following the approval of the administrator before the request is advertised. Any modification after the request has been advertised shall require a new notice and hearing.

(4)

Appeals.

a.

When allowed. Appeals may be filed by any person aggrieved, or by any official or department of the City of Scott affected by any decision of the administrator, the planning/zoning commission, or the city council. All appeals shall be made within 30 days of the decision.

b.

Application.

1.

No pre-application conference is necessary.

2.

All appeals shall be filed in writing with the administrator, and shall include a written statement citing the decision that is being appealed, and any reasons why the appeal should be granted.

(5)

Public notice and hearing—Generally.

a.

Public notice required. Required public notices are summarized in Table 2.1. More detailed information may be included with each specific procedure.

b.

Public hearing notice requirement. All notices for public hearing shall contain the date, time, place, and specific subject matter of the hearing.

c.

Written notice of public hearing. Not less than 14 business days prior to a public hearing, the applicant must make a good faith attempt to notify the owners of record of all real property within 300 feet of the boundaries of the land upon which the application is being made by sending an official notice by certified U.S. mail of the time, place and subject matter of the hearing. Copies of the notices and certified mail return receipts shall be provided to the administrator prior to the date of the public hearing.

d.

Posted notice of public hearing. Posted notice in bold type shall be posted for code exceptions, map amendments, and applications for preliminary plat approval not less than 14 business days prior to a public hearing on signs not less than 48 inches by 48 inches, prepared, furnished and placed by applicant on all street frontages of the affected property. The applicant shall notify the administrator when notice has been posted as required by this section.

e.

Published notice of public hearing. Notice of the time and place of a public hearing shall be published at least three times in the official journal, if designated, or a newspaper of general circulation in the area; not less than 14 business days shall elapse between the first publication and the date of the public hearing.

f.

Reconsideration. No land for which an application for text or map change has been acted upon in a public hearing by the planning/zoning commission shall be considered again by the planning/zoning commission for the same classification for at least 12 months from the date such application was acted upon.

(6)

Public notice and hearing—Subdivisions.

a.

Written notice of public hearing. The applicant shall send notice of the time and place of the public hearing by United States mail to the owners of record of all real property within 300 feet of the boundaries of the land upon which the application is being made. Said notice shall be mailed not less than 14 business days before the date fixed for the public hearing and as otherwise required by R.S. 33:113. The written notice shall include a copy of the preliminary plat. Copies of the notices shall be provided to the administrator prior to the date of the public hearing.

b.

Published notice of public hearing. Notice of the purpose, time and place of a public hearing shall be published at least once in a newspaper of general circulation in the area surrounding the proposed subdivision, not less than 14 business days prior to the hearing date, and as otherwise required by R.S. 33:113.

c.

Posted notice of public hearing. Posted notice in bold type shall be posted for applications for preliminary plat approval not less than 14 business days prior to a public hearing on sings not less than 48 inches by 48 inches, prepared, furnished and placed by applicant on all street frontages of the affected property. The applicant shall notify the administrator when notice has been posted as required by this section.

(b)

Applications.

(1)

Map compliance verification.

a.

When required.

1.

A map compliance verification is required for the following:

i.

Starting a new business, changing location of an existing business;

ii.

Electricity in a commercial structure;

iii.

New construction for residential, commercial, industrial or public/quasi-public structures;

iv.

Additions onto residential, commercial, industrial, or public/quasipublic structures;

v.

Placing accessory structures for residential use;

vi.

Enclosures on residential, commercial, industrial, or public/quasipublic structures.

2.

It shall be unlawful to begin moving, constructing, altering or repairing (except ordinary maintenance and repairs) any building or other structure on a site, including an accessory structure, until a map compliance verification has been issued.

3.

No certificate of occupancy may be issued without a properly issued map compliance verification, when applicable.

b.

Application.

1.

A pre-application conference is optional.

2.

All map compliance verifications shall be filed in writing with the administrator or his/her designee (see subsection (a)(3) of this section, common review procedures).

3.

Verifications shall be made prior to, or concurrent with the application for a building permit.

c.

Decision by administrator.

1.

The administrator may refer the verification to other affected or interested agencies for review and comment.

2.

In deciding the map compliance verification request, the administrator shall consider relevant comments of all interested parties and the review criteria in subsection (b)(1)d of this section.

3.

The administrator may attach conditions to the request that are necessary to protect the health, safety, and welfare of the City of Scott and minimize adverse impacts on adjacent properties.

d.

Review criteria. The administrator shall consider the following criteria in the map compliance verification:

1.

The proposed development is consistent with the pertinent elements of the City of Scott Comprehensive Plan and any other adopted plans.

2.

The proposed development meets the requirements of this article.

3.

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

e.

Appeal.

1.

A final decision by the administrator on a map compliance verification may be appealed to the planning/zoning commission within 30 days.

2.

A final decision by the planning/zoning commission on a map compliance verification may be appealed to the city council within 30 days.

f.

Expiration. A map compliance verification expires after six months if a building permit has not been filed.

(2)

Site plan review.

a.

When required. Site plan review is required for:

1.

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

2.

Construction or expansion of 5,000 or more square feet of multi-family or mixed-use building type.

3.

Commercial, industrial or institutional development.

4.

Creation of more than 1,000 square feet of impervious surface (paving).

5.

Construction of accessory structures in nonresidential districts.

b.

No site plan review required. No site plan review is required for the following:

1.

Construction or expansion of less than five thousand (5,000) square feet of multi-family or mixed-use building type.

2.

Creation of less than one thousand (1,000) square feet of impervious surface (paving).

3.

Construction of accessory structures in residential districts.

c.

Application.

1.

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

2.

All applications for site plan review shall be filed in writing with the administrator.

d.

Review by administrator.

1.

The administrator may refer the site plan to other affected or interested agencies for review and comment.

2.

In deciding whether to recommend approval, approval with conditions, or denial of the proposed site plan, the administrator shall consider relevant comments of all interested parties and the review criteria outlined in subsection (b)(2)f of this section.

e.

Decision by planning/zoning commission.

1.

Following notice and public hearing as required by subsection (a)(5) of this section, Common review procedures, the planning/zoning commission shall approve, approve with conditions, or deny the site plan application within 60 days of filing of a complete application, except where such time period is extended by the applicant.

2.

In deciding to approve, approve with conditions, or deny the proposed site plan, the planning/zoning commission shall consider the recommendation of the administrator, relevant comments of all interested parties and the review criteria outlined in subsection (b)(2)f of this section.

3.

The planning/zoning commission may attach conditions to the site plan necessary to ensure compliance with this and/or other city ordinances, or as necessary to protect the health, safety and welfare of the City of Scott and to minimize adverse impacts to adjacent properties.

f.

Review criteria. The planning/zoning 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 Scott Comprehensive Plan and any other adopted plans;

2.

The proposed development meets the requirements of this article;

3.

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

4.

The site plan demonstrates:

i.

Compliance with any prior approvals;

ii.

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

iii.

Adequate, safe, and convenient arrangement of access, pedestrian circulation, bicycle facilities, roadways, driveways, transit access (as appropriate), off-street parking, and stacking and loading spaces;

iv.

Connectivity to surrounding neighborhoods and the City as a whole, while minimizing cut-through traffic and speeds are reduced through the use of traffic calming methods in appropriate locations;

v.

Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwater relative to the 100-year floodplain; and

vi.

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.

5.

Any adverse impacts on adjacent properties have been minimized or mitigated.

g.

Building permit. No building permit shall be issued for development requiring site plan until the site plan has been approved.

h.

Dedication and improvements.

1.

For development of property requiring a site plan under this article, the applicant must dedicate any additional right-of-way necessary to the width required by the City of Scott for streets adjoining the property, install curbs and gutters and pave all streets adjoining the property, and install sidewalks and street trees based on the standards set forth by the Scott City Council in this and all other city codes and ordinances.

2.

The applicant shall bear the costs of installation of any on-site or off-site improvements required by this article, including provisions for stormwater management, paving and utilities.

i.

Modification of approved site plan. The administrator is authorized to approve minor modifications to an approved site plan. The following modifications shall be considered minor:

1.

Up to ten percent increase or any decrease in gross floor area of a single building;

2.

Up to a ten percent 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 100 feet for exterior property lines.

j.

Appeal. A final decision by the planning/zoning commission on a site plan review may be appealed to the city council within 30 days. (See subsection (a)(4) of this section, common review procedures.)

k.

Expiration. A site plan expires after six months where a building permit application has not been filed for all or part of said development. Applicants may file for one six-month extension of the site plan approval in writing with the administrator subject to administrative approval.

(3)

Warrant.

a.

When allowed. The warrant procedure allows the administrator to approve modest variations from the standards of this article. A warrant is allowed for the following:

1.

A reduction of any required setback or yard by up to 15 percent.

2.

An increase in the maximum building height of any building by five feet or five percent, whichever is less.

3.

An increase in lot coverage by no more than five percent.

4.

Any other warrant authorized by a specific section of this article.

b.

Application.

1.

A pre-application conference is optional.

2.

All applications for a warrant shall be filed in writing with the administrator (see subsection (a)(3) of this section, common review procedures).

c.

Decision by administrator.

1.

The administrator may refer the application to other affected or interested agencies for review and comment.

2.

In deciding to approve, approve with conditions, or deny the proposed warrant, the administrator shall consider relevant comments of all interested parties and the review criteria in subsection (b)(3)d of this section.

3.

The administrator may attach conditions to the permit necessary to protect the health, safety and welfare of the City of Scott, minimize adverse impacts on adjacent properties, and ensure consistency with this article.

d.

Review criteria. The administrator shall consider the following criteria in approving or denying a warrant:

1.

The proposed development is consistent with the pertinent elements of the City of Scott Comprehensive Plan and any other adopted plans.

2.

The proposed development meets the requirements of this article.

3.

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

e.

Appeal.

1.

A final decision by the administrator on a warrant may be appealed to the planning/zoning commission within 30 days.

2.

A final decision by the planning/zoning commission on a warrant may be appealed to the city council within 30 days.

(4)

Code exception.

a.

When required. A code exception is required for certain land uses, which because of their unique nature are compatible with the permitted land uses in a given transect zone only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of standards and conditions.

b.

Application.

1.

A pre-application conference with the administrator is required.

2.

All applications for a code exception shall be filed in writing with the administrator (see subsection (a)(3) of this section, common review procedures). The application shall include material necessary to demonstrate that the grant of a code exception will be in harmony with the general intent and purpose of this article, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material required may include but is not limited to the following, when applicable:

i.

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 spaces.

ii.

Plans showing proposed locations for utilities and easements.

iii.

Plans for screening, buffering and landscaping.

iv.

Proposed signs and lighting; including type, dimensions and character.

c.

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

d.

Public hearing and recommendation by the planning/zoning commission.

1.

Following notice and a public hearing as required by subsection (a)(5) of this section, the planning/zoning commission shall recommend approval, approval with conditions, or denial of the proposed code exception within 60 days of filing of a complete application, except where such time period is extended by the applicant.

2.

In making this recommendation, the planning/zoning commission shall consider the recommendations of the administrator, relevant comments of all interested parties and the review criteria in subsection (b)(4)f of this section.

e.

Public hearing and decision by the city council.

1.

Following notice and a public hearing as required by subsection (a)(5) of this section, the council shall accept, accept with conditions, or deny the planning/zoning commission's recommendation on the code exception within 30 days of the planning/zoning commission's final action.

2.

In making this decision, the council shall consider the recommendations of the administrator and the planning/zoning commission, relevant comments of all interested parties and the review criteria in subsection (b)(4)e of this section.

3.

The city council may attach conditions to the code exception necessary to protect the health, safety and welfare of the community, minimize adverse impacts on adjacent properties, and ensure consistency with this article. Such conditions may include, but are not limited to, additional screening or buffering, limitations in scale or limitations to hours of operation.

4.

Failure to act shall result in acceptance of the recommendation of the planning/zoning commission. This constitutes a final decision by the city council.

f.

Review criteria. The planning/zoning commission and the city council shall consider the following criteria in approving or denying a code exception:

1.

The proposed code exception is consistent with the pertinent elements of the City of Scott Comprehensive Plan and any other adopted plans.

2.

The proposed development meets the requirements of this article.

3.

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

4.

The code exception complies with any specific use standards or limitations in this article.

5.

Any adverse impacts on adjacent properties attributable to the code exception have been minimized or mitigated.

g.

Effect of denial. The final denial of a code exception application shall ban the subsequent application for the same or similar use at the same location for a period of 12 months.

h.

Appeal. A final decision by the city council on a code exception may be appealed to the district court within 30 days.

i.

Expiration.

1.

Existing construction. In an existing structure, the code exception shall expire after six months if the use is abandoned or discontinued.

2.

New construction.

i.

A code exception shall expire after six months if a building permit application has not been filed.

ii.

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

3.

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

j.

Revocation of the code exception. If any conditions of a code exception or other requirements of this article are violated, the City of Scott may revoke the code exception.

(5)

Text amendment.

a.

When allowed. The regulations of this article may, from time to time, be amended supplemented, changed, modified or repealed, as determined by the city council.

b.

Application.

1.

A pre-application conference with the administrator is optional.

2.

All applications for a text amendment shall be filed in writing with the administrator (see subsection (a)(3) of this section, common review procedures).

c.

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

d.

Public hearing and recommendation by the planning/zoning commission.

1.

Following notice and a public hearing as required by subsection (a)(5) of this section, the planning/zoning commission shall recommend to approve or deny the proposed text amendment within 60 days of filing of a complete application, except where such time period is extended by the applicant.

2.

In making this recommendation, the planning/zoning commission shall consider the recommendations of the administrator, relevant comments of all interested parties and the review criteria in subsection (b)(5)f of this section.

e.

Public hearing and decision by the city council.

1.

Following notice and a public hearing as required by subsection (a)(5) of this section, the city council shall accept or deny the planning/zoning commission's recommendation on the text amendment within 30 days of the planning commission's final action.

2.

In making this decision, the city council shall consider the recommendations of the administrator and the planning/zoning commission, relevant comments of all interested parties and the review criteria in subsection (b)(5)f of this section.

3.

Failure to act shall result in acceptance of the recommendation of the planning/zoning commission. This constitutes a final decision by the city council.

f.

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

1.

The proposed text amendment is consistent with the pertinent elements of the comprehensive plan and any other adopted plans;

2.

The proposed text amendment is consistent with the remainder of this article;

3.

The extent to which the 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 article; and

4.

Whether or not the text amendment revises this article to comply with state or federal statutes or case law.

g.

Appeal. A final decision by the city council on a text amendment may be appealed to the district court within 30 days.

h.

Expiration. A text amendment shall not expire.

(6)

Map amendment.

a.

When allowed. The boundaries of transect districts as shown on any transect map may, from time to time, be amended or modified by the city council.

b.

Application.

(1)

A pre-application conference with the administrator is required.

(2)

All applications for a map amendment shall be filed in writing with the administrator (see subsection (a)(3) of this section, common review procedures).

c.

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

d.

Public hearing and recommendation by the planning/zoning commission.

(1)

Following notice and a public hearing as required by subsection (a)(5) of this section, the planning/zoning commission shall recommend to the city council to approve, approve with conditions, or deny the proposed map amendment within 60 days of filing of a complete application, except where such time period is extended by the applicant.

(2)

In making this recommendation to the city council, the planning/zoning commission shall consider the recommendations of the administrator, relevant comments of all interested parties and the review criteria in subsection (b)(6)f of this section.

e.

Public hearing and decision by the city council.

(1)

Following notice and a public hearing as required by subsection (a)(5) of this section, the city council shall accept, accept with conditions, or deny the planning/zoning commission's recommendation on the map amendment within 30 days of the planning/zoning commission's final action.

(2)

In making this decision, the city council shall consider the recommendations of the administrator and the planning/zoning commission, relevant comments of all interested parties and the review criteria in subsection (b)(6)f of this section.

(3)

Failure to act shall result in acceptance of the recommendation of the planning/zoning commission. This constitutes a final decision by the city council.

f.

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

1.

The proposed map amendment is consistent with the pertinent elements of the City of Scott Comprehensive Plan and any other adopted plans.

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

g.

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

h.

Appeal. A final decision by the city council on a map amendment may be appealed to the district court within 30 days.

i.

Expiration. A map amendment shall not expire.

(7)

Fence permit.

a.

When required. A fence permit is required for all commercial and industrial uses that maintain any outdoor storage of equipment or materials in accordance with City of Scott ordinances.

b.

When not required. A fence permit is not required for ordinary maintenance, repairs, or construction of a fence not involving the above referenced equipment or activities.

c.

Application.

1.

A pre-application conference is optional.

2.

All applications for fence permits shall be filed in writing with the administrator (see subsection (a)(3) of this section, common review procedures).

d.

Decision by administrator.

1.

The administrator may refer the application to other affected or interested agencies for review and comment.

2.

In deciding to approve, approve with conditions, or deny the proposed fence permit, the administrator shall consider relevant comments of all interested parties and the review criteria in subsection (b)(7)d of this section.

3.

The administrator may attach conditions to the permit necessary to protect the health, safety and welfare of the City of Scott, minimize adverse impacts on adjacent properties, and ensure consistency with the requirements of this article.

e.

Review criteria. In addition to considerations outlined in City of Scott ordinances, the administrator or his/her designee shall consider the following criteria in approving or denying a fence permit:

1.

The proposed fence is consistent with the pertinent elements of the City of Scott Comprehensive Plan and any other adopted plans;

2.

The proposed fence meets the requirements of this article and of the City of Scott ordinances defining and regulating public nuisance;

3.

The proposed fence will reinforce the existing or planned character of the neighborhood and the city.

f.

Appeal.

1.

A final decision by the administrator on a fence permit may be appealed to the planning/zoning commission within 30 days.

2.

A final decision by the planning/zoning commission on a fence permit may be appealed to the city council within 30 days.

(8)

Planned unit development (PUD). Reserved.

(Ord. No. 2014-2, § 1(Att. (§ II)), 3-6-2014; Ord. No. 2014-10, § 2(Att. (§ II)), 10-2-2014; Ord. No. 2019-9, 7-3-2019; Ord. No. 2021-16, 12-2-2021)

No person may subdivide land except in accordance with the procedures and standards of this article.

(a)

When required.

(1)

Major subdivision required. Major subdivision approval is required for:

a.

Any residential construction project involving the division of a tract or parcel into five or more lots, sites, or other divisions.

(2)

Minor subdivision required. Minor subdivision approval is required for:

a.

Any residential construction project involving the division of land into four or less lots, sites, or other divisions.

b.

Parcels of land where a portion has been expropriated or has been dedicated, sold, or otherwise transferred to the City of Scott, leaving a severed portion of the original property that requires a redesignation of lot number and establishment of new lot boundary lines.

c.

Fees for Minor Plat Revisions: $250.00.

d.

Property Boundary Line Adjustments: $350.00.

(3)

No subdivision required. No subdivision review is required for the public acquisition of land for roads, sewer or water infrastructure.

(b)

Subdivision approval.

(1)

Major subdivision. Major subdivision approval requires review and recommendation by the administrator, preliminary plat approval by the City of Scott Planning Commission, and final plat approval by the administrator.

(2)

Minor subdivision. Minor subdivision approval requires approval by the administrator.

(c)

Application and fees.

(1)

A pre-application conference is required for both minor and major subdivisions.

(2)

All applications for subdivision review shall be filed in writing with the administrator (see section 40-102(a)(3), common review procedures).

(3)

All subdivision applications shall be prepared and sealed by a land surveyor licensed in the State of Louisiana.

(4)

The application and fees for major subdivisions only shall be the following:

(d)

Major subdivision preliminary plat review.

(1)

Preliminary plats and applications for all major subdivisions shall be submitted to the planning commission not less than 14 business days prior to the meeting date for preliminary review by the administrator.

(2)

The administrator shall recommend approval, approval with conditions, or denial of the preliminary plat and application.

(e)

Major subdivision preliminary plat decision by planning commission.

(1)

Following notice and public hearing as required by section 40-102(a)(6), common review procedures, the planning commission shall approve, approve with conditions, or deny the preliminary plat for a major subdivision within 60 days of filing of a complete application, except where such time period is extended by the applicant.

(2)

In deciding, the planning commission shall consider the recommendation of the administrator, relevant comments of all interested parties and the review criteria outlined in subsection (f) of this section.

(3)

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

(4)

Where the planning commission finds that unnecessary hardship results from strict compliance with this article, a variance may be granted. Any particular hardship shall be related to the physical surroundings, shape, or topographical conditions of the property, as distinguished from a mere inconvenience. No variance shall be granted based strictly upon financial consideration. The granting of a variance must not be detrimental to the public health, safety or welfare or injurious to other property or improvements.

(5)

The planning commission shall consider the following criteria in approving or denying a subdivision:

a.

The proposed development is consistent with the pertinent elements of the City of Scott Master Plan and any other adopted plans;

b.

The proposed development meets the requirements of this article;

c.

The proposed development will reinforce the existing or planned character of the neighborhood and the City of Scott;

d.

The subdivision demonstrates:

1.

Compliance with any prior approvals;

2.

Subdivision design appropriate for and tailored the unique natural characteristics of the site;

3.

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

4.

Connectivity to surrounding neighborhoods and the city as a whole;

5.

Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwater;

6.

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.

e.

Any adverse impacts on adjacent properties have been minimized or mitigated.

(f)

Final plat approval by administrator.

(1)

The administrator may approve, approve with conditions, or deny the final plat within 60 days of filing a complete application, except where such time period is extended by the applicant.

(2)

If the final plat is denied, the administrator shall specify in writing the provisions with which the plat does not comply.

(3)

The final plat shall be approved where it is:

a.

Consistent with the pertinent elements of the City of Scott Master Plan and any other adopted plans;

b.

Meets the requirements of this article;

c.

Compliant with any prior approvals, including specifically the preliminary plat and any conditions.

(4)

The approval of a final plat shall not be deemed to constitute the acceptance of the dedication of any street or other land, public utility or facility shown on the face of the plat. However, the city council may, by resolution, accept any dedication for streets, parks, public utility lines or facilities, or other public purposes.

(g)

Minor subdivision decision by the administrator and notice to the planning commission.

(1)

In deciding to approve, approve with conditions, or deny the proposed minor subdivision, the administrator shall consider relevant comments of all interested parties and the review criteria above.

(2)

The plat shall be approved or denied within 60 days of filing of a complete application, except where such time period is extended by the applicant.

(3)

The administrator may attach conditions required to make the subdivision comply with this and other city ordinances, or as necessary to protect the health, safety and welfare of the City of Scott and to minimize adverse impacts to adjacent properties.

(4)

A minor subdivision shall be approved in accordance with the requirements, including the review criteria, for the final plat as outlined in subsection (f) of this section.

(5)

The City of Scott planning commission must be notified of any decision of the administrator concerning a minor subdivision via a monthly report.

(h)

Expiration of plat approval. All approvals granted by the City of Scott Planning Commission and the conditions therein, if any, are for a period of one year. The commission may, upon receipt of a written request from the subdivider or his authorized agent prior to the expiration date of the plat approval, extend this term of approval for any time period not to exceed an additional 12 months (one year). Thereafter the commission may extend the approval for such periods as it deems fit and proper. An extension of one year of preliminary plat approval may be obtained at a cost of $100.00.

(i)

Appeal.

(1)

A final decision by the administrator on a minor subdivision may be appealed to the planning commission. The planning commission shall review the subdivision as a major subdivision.

(2)

A final decision by the planning commission on a major subdivision may be appealed to the district court.

(Ord. No. 2014-2, § 1(Att. (§ III)), 3-6-2014; Ord. No. 2014-10, § 2(Att. (§ III)), 10-2-2014; Ord. No. 2019-4, 4-4-2019; Ord. No. 2021-16, 12-2-2021; Ord. No. 2023-12, 7-6-2023)

(a)

Intent. The purpose of this section is to regulate the continued existence of uses, lots, and structures lawfully established prior to the effective date of the ordinance from which this article is derived or any amendment thereto which do not conform to the provisions of this article and which have not obtained special exception status. Nonconforming uses, structures and lots of record may continue in accordance with the provisions of this section.

(b)

Nonconforming uses, structures, and lots.

(1)

Unless a variance is granted, nonconforming uses shall not be extended or enlarged. This prohibition is to prevent the enlargement of nonconforming uses by external additions to the structure in which nonconforming uses are located.

(2)

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official. Repairs and alterations that restore a building to the same condition that existed prior to damage or deterioration, altering the building only in conformity with the provisions of this article in such a manner that does not extend or increase an existing nonconformity may be made with the same kind of materials as those of which the building is constructed.

(3)

Normal maintenance and repair of nonconforming uses may be performed.

(4)

A structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the district into which it is moved.

(5)

If no structural alterations are made, a nonconforming use of a structure may be changed to a nonconforming use of the same classification or a more restrictive classification, provided that the new nonconforming use is not more intense and does not have a greater impact on the surrounding area. Whenever a nonconforming use has been changed to a more restrictive use or to a conforming use, such use cannot then be changed to a less restrictive use.

(c)

Burden or property owner to establish legality. In all cases, the burden of establishing the legality of a nonconformity under the provisions of this article are upon the property owner of the nonconforming structure, use, lot, or sign.

(d)

Termination.

(1)

Abandonment or discontinuance

a.

Subject to subsection (d)(2) below, where a nonconforming use is discontinued or abandoned for six months or more, then such use may not be reestablished or resumed and any subsequent use must conform to the provisions of this article, unless a warrant for the period of discontinued use is granted.

b.

In construing whether a use has been discontinued or abandoned, the intention of the owner or anyone else to continue a nonconforming use shall not be considered; abandonment of a nonconforming use by a lessee shall not bind the owner provided that the owner obtains legal control of the use within a reasonable time after abandonment by the lessee; abandonment due to institution of foreclosure proceedings shall not constitute abandonment under the provisions of this section until the mortgagee or purchaser at foreclosure sale takes possession or gains by a recorded legal transfer.

(2)

Damage or destruction. If a structure housing a nonconforming use is damaged or destroyed by 50 percent or more of the fair market value of the structure, then the structure may not be restored unless its use thereafter conforms to the provisions of this article. When such damage is 50 percent or less of the fair market value of the structure as it existed immediately prior to such damage, such structure may be repaired and reconstructed with no expansion or enlargement and used for the same purposes it was before the damage or destruction, provided that such repair or reconstruction is commenced and substantially completed within six months of the date of such damage or destruction. For purposes of these regulations, the administrative official will accept the assessed value of the improvements as the fair market value or the value as determined by the planning commission on appeal of the administrative official's determination.

(e)

Nonconforming structures.

(1)

Normal maintenance and repair of nonconforming structures shall be performed.

(2)

A nonconforming structure, which is moved, shall thereafter conform to the regulations of the district in which it is located after such move.

(3)

Termination.

a.

Abandonment. Where a nonconforming structure is abandoned for six (6) months, then such structure shall be removed or converted to a conforming structure, unless a variance for the period of abandonment is granted.

b.

Damage or destruction. A nonconforming structure, which is damaged or destroyed to the extent of 50 percent or more of the fair market value of said structure, shall not be restored unless it conforms to the provisions of this article.

(f)

Nonconforming lots of record. Notwithstanding any other provision of this article, a nonconforming lot of record may be developed with a single-family dwelling.

(g)

Nonconforming accessory uses and structures. No nonconforming accessory use or structure shall continue after the principal structure or use shall have ceased or terminated unless such structure or use shall thereafter conform to the provisions of the district in which it is located, unless a variance is granted.

(Ord. No. 2014-2, § 1(Att. (§ IV)), 3-6-2014; Ord. No. 2014-10, § 2(Att. (§ IV)), 10-2-2014)

All areas taken into the city limits of the City of Scott shall be classified in the transect district of the City of Scott that most closely corresponds to the adjacent land uses as identified by the City of Scott Master Plan or Land Use Code. The appropriate city transect designation and a transect map amendment shall be recommended by the Planning Commission of the City of Scott in accordance with the public hearing requirements of section 40-102(a)(5). The planning commission recommendation shall be forwarded to the city council. The city council shall then determine the appropriate transect designation when adopting the annexation ordinance.

(Ord. No. 2014-2, § 1(Att. (§ V)), 3-6-2014; Ord. No. 2014-10, § 2(Att. (§ V)), 10-2-2014)

(a)

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

(b)

Violations and enforcement proceedings. In case any structure is erected or structurally altered or maintained, or any structure or land is used or altered or is not maintained, in violation of these regulations, the administrator may institute any appropriate action or proceedings, including, but not limited to, preliminary injunctions, to prevent such unlawful construction or alteration or use or other violations, to restrain, to correct or to prevent any illegal act, conduct any business or maintain any use in or about such premises.

Furthermore, any resident of the community who believes that a violation of any of the provisions of these regulations is occurring may file a written complaint with the city. Such complaint shall fully set forth the acts or omissions constituting the alleged violation and the site or sites at which such violation or violations are alleged to be occurring. The administrator shall record properly such complaint, promptly investigate the allegations underlying said complaint, and take action on such complaints as provided by these regulations.

(c)

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

(Ord. No. 2014-2, § 1(Att. (§ VI)), 3-6-2014; Ord. No. 2014-10, § 2(Att. (§ VI)), 10-2-2014)

Any variance to the Land Use Code (chapter 40) shall require approval of the planning/zoning commission and then, if approved, final approval by the city council. A denial by the planning/ zoning commission is appealable by the applicant to the city council. Before a request for a variance to chapter 40 (Land Use Code) can be considered by the planning/zoning commission, the applicant must pay a variance fee of $500.00 and comply with the public notice and hearing procedures identical to those required by subsection 40-102(a)(5) and by subsection 40-102(b)(4) for code exceptions. For variance purposes, wherever subsection 40-102(b)(4) refers to "code exception" the term "variance" shall be substituted therefor.

(Ord. No. 2018-2, 6-7-2018; Ord. No. 2023-12, 7-6-2023)

(a)

General provisions.

(1)

Purpose. To regulate the construction, placement, and maintenance of billboards in a manner that preserves public safety, aesthetics, and property values while supporting effective advertising.

(2)

Scope. This code applies to all billboards within the City of Scott.

(b)

Definitions.

Billboard means a permanent sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises where the sign is located. A billboard is also called an outdoor general advertising sign.

Billboard, nonconforming means a billboard legally erected prior to the adoption of the ordinance codified in this section that does not conform to the requirements of this section.

(c)

Electronic billboards.

(1)

Display standards. Only one electronic billboard is permitted per lot.

Each message must be static for a minimum of eight seconds. Animations and moving images are prohibited.

Maximum illumination: 6,000cd/m2 by day and 500 cd/m2 by night, with automatic adjustment for ambient light.

(2)

Location restrictions. Electronic billboards must not be placed within 500 feet of residential areas or sensitive environmental zones.

(d)

Physical specifications.

(1)

Size: Maximum 672 square feet per side

(2)

Height: The bottom of the billboard shall not exceed 25 feet in height from the roadbed.

(3)

Setback: A minimum of 50 feet from all property lines.

(e)

Location and density.

(1)

T-Zone compliance. Billboards are only permitted along Interstate frontage areas that lie within the T5, T4, or IND Transect Districts.

Billboards may not be located in such manner to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device, or obstruct of physically interfere with the driver's view of approaching, merging or intersecting traffic.

(2)

Spacing. No billboard shall be located within 5,280 feet of another on the same street or within 500 feet of an interchange

(3)

Proximity to natural features and residential areas. No billboard shall be located within 500 feet of residential zones or sensitive natural areas.

(f)

Variance and permits.

(1)

Application requirements.

Development plan.

Site photographs and elevations.

Specifications for the proposed billboard.

Any additional information as required.

(2)

Review process. The comprehensive plan facilitator shall review variance applications, considering aesthetics, traffic safety, and community impact.

(g)

Maintenance and safety.

(1)

Regular inspections. Annual inspections required for structural integrity and compliance with illumination standards, including, but not limited to, verify pipe integrity, verify welds are intact, confirm the integrity of the catwalk grating.

(2)

Immediate correction. Non-compliant billboards must be corrected or removed promptly at the owner's expense.

(h)

Enforcement and penalties.

(1)

Violations. Non-compliance with any part of this section will result in penalties, including fines and mandatory removal of the billboard.

(2)

Appeal process. Appeals can be made to the city council within 30 days of any enforcement action.

(Ord. No. 2024-11, 5-2-2024)