22-10-1. Planning commission.

22-10-1.1. General.

a.

Applications to the commission shall be submitted to the department of community development on forms prescribed with supporting plans, materials and other information required by these regulations.

b.

Applications, signed by the property owner or an authorized agent, shall be submitted to the department of community development.

c.

Applications shall be accompanied by the appropriate fee(s) as established.

d.

Proceedings on applications shall be conducted in accordance with the provisions of Louisiana State Law, as amended.

e.

The commission shall hold a public hearing on any application for a conditional use, zone map change, or amendment to zoning regulations.

f.

Where a proposed development or activity requires multiple applications, the commission may conduct the public hearings simultaneously or in the order they deem appropriate.

g.

On any application for a conditional use or zone change, the department of community development shall:

•

Publish notice of the application, time, and place of the hearing for three (3) consecutive weeks in the official journal of the Parish of St. Bernard, Louisiana. At least fifteen (15) days shall elapse between the first publication and the date of the hearing;

•

Notice of the application and the time and place of the hearing shall have also been mailed by registered mail at least fifteen (15) days prior to the public hearing to adjacent property owners;

•

Notification to additional occupants/owners shall be sent via U.S mail, certificate of mailing required, to all occupants/owners in the square or tract of land to be re-zoned up to five hundred (500) feet.

h.

The applicant shall provide written notice to all abutting property owners and shall submit proof of mailing (certificate of mailing from the post office) to the commission at the public hearing.

i.

An application shall not be considered complete until all of the required items have been submitted and received by the department of community development prior to scheduling a hearing.

j.

An incomplete application or an application submitted without the requisite fee shall be denied if such application is not completed or fee paid before the commencement of the public hearing.

k.

Planning commission shall conduct a public hearing and take action on recommendation to the council on each complete application at the next available regular meeting after which all public notice requirements have been met.

l.

Council shall not take official action upon any change or amendment until receiving a recommendation on the action item from the planning commission; provided, however, that a recommendation has been filed within forty-five (45) days after the date of the public hearing. If not, council may then take official action upon the change or amendment.

m.

Council shall take action on petition no later than ninety (90) days from date of commission's public hearing. A final yea or nay vote shall have been taken on the proposal by the council within ninety (90) days from the public hearing as provided above. Failure of the St. Bernard Parish Council to take action results in an automatic denial.

n.

Any application for a conditional use, zone change, or zoning text amendment that is denied by the council shall not be submitted again for consideration for a period of two (2) years, except that the council may grant a re-hearing before one (1) year if it finds, on facts presented in writing, that a material change in the situation justifies this action in the interest of the public as well as the petitioners following the date of the decision.

22-10-1.2. Conditional use application.

a.

Each application for a conditional use shall, unless waived by the commission, be accompanied by a site plan application.

b.

The applicant shall submit a narrative explaining how the development complies with the requirements of section 22-8.

c.

Whenever the commission acts upon a conditional use, it shall state upon its records the reason for its decision.

d.

Any use for which a conditional use has been granted shall be deemed to be a permitted use in the zone in which such use is located provided that such approval shall affect only the specific activity for which such approval was granted. The applicant shall obtain a building permit and commence with construction or use within two (2) years of the date of council approval. Failure to do so will nullify the conditional use. The applicant shall be required to resubmit an application to the planning commission with final approval from the council, if the conditional use expires.

22-10-1.3. Site plan application for conditional uses.

a.

Site plan applications shall be submitted on forms supplied by the department of community development for any development of buildings, structures, activities, or uses designated in the regulations as requiring site plan approval.

b.

Approval may be granted for work that is to be commenced and/or finished in phases provided that no building permit shall be issued for any approved phase until a performance bond with security has been accepted by the commission to ensure completion and independent viability of that phase, regardless of the state of completion of any other phase.

c.

An applicant shall be encouraged to delineate contemplated future additions or phased expansion and accompanying parking, landscaping, lighting, storm drainage on the initial application.

d.

Applications for site plan approval shall be accompanied by:

•

A narrative description of the proposed development and all proposed uses.

•

A written statement that the applicant has met in the field with the state department of transportation concerning any proposed construction within the state highway.

•

Eight (8) copies of full size detailed plans (and ten (10) copies eleven (11) inches × seventeen (17) inches) for review by the commission.

e.

The commission may require the submission of additional information as is deemed necessary to make a reasonable review of the application with regard to:

•

Soil conditions, including locations and depth of rock ledge, ground water conditions, and other such information;

•

A soils-engineering investigation, including a report addressing the nature, distribution, and strength of existing soils and conclusions and recommendations for grading procedures and design criteria for corrective measures;

•

Easements and/or rights-of-way, including copies of any instrument evidencing such a right and a statement that the applicant has notified such parties of the proposed alterations to the parcel and the impact such alterations would have on the right.

f.

In the review of site plans the commission shall give specific consideration to the design of the following:

1.

Traffic access. That all proposed traffic access ways are:

a.

Adequate but not excessive in number;

b.

Adequate in width, grade, sight distances, alignment and visibility; and

c.

Not located too near street corners or other places of public assembly.

d.

The commission may require a traffic study to demonstrate the proposed development will not create traffic hazards.

2.

Circulation and parking.

a.

That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use; and

b.

That the interior circulation system is adequate to provide safe accessibility to all required off-street parking.

3.

Landscaping and screening.

a.

That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent lots and streets; and

b.

That the general landscaping of the site is in character with that generally prevailing in the neighborhood.

4.

Illumination. That lighting from the installation of outdoor flood or spot lighting and illuminated signs:

a.

Are of a reasonable intensity of illumination for the purpose served; and

b.

Will be properly shielded so that such lighting will not adversely affect any abutting property or public street.

c.

Light posts on business and industrial properties should be full cut off with a maximum height of sixteen (16) feet.

5.

Character and appearance. That the character and appearance of the proposed use, building, and/or outdoor signs will be in general harmony with the character and appearance of the surrounding neighborhood.

6.

[Conditions of approval.] The commission may recommend and council reserves the right to set conditions of approval for any site plan for the purpose of health safety and welfare. Such conditions may include, but are not limited to, hours of operation, lighting, parking, landscaping, and number of vehicle trips per day.

g.

No work shall be commenced until:

1.

A building permit has been applied for and approved;

2.

Record plans have been submitted by the applicant;

3.

The applicant has filed a performance bond with the commission in an amount acceptable to the parish engineer and the commission and form acceptable to the parish attorney guaranteeing completion of those items specified by the commission and these regulations; and

4.

The commission has signed the record plans.

h.

Site plan approval shall become null and void in one (1) year from the date of approval if the activities have not commenced and the site plan shall be considered to be disapproved.

i.

Bonds will not be released until:

1.

The release has been requested, in writing, by the developer.

2.

The parish engineer has submitted a letter stating that all required improvements have been satisfactorily completed and that all conditions and requirements of the commission's approval have been satisfied.

3.

The applicant's engineer or surveyor has certified to the commission, through submission of a set of detailed "record" plans on translucent cloth or polyester film, that all public improvements are in accordance with submitted site plans.

j.

Proposed modifications to approved site plans shall be submitted to the director of the department of community development for review. Minor changes may be approved by the director of the department of community development or submitted to the commission for review. Major changes (additional building area, alteration of building location) shall be submitted to the commission for additional review.

22-10-1.4. Concept plan application.

a.

At any time prior to submission of a formal application, an applicant shall have the right, but shall not be required, to meet informally with the commission at either a regular or special meeting to discuss a proposed application.

b.

An informal conference with the commission can be obtained by submitting a letter to the department of community development specifically requesting such a conference and being placed on the agenda of a subsequent meeting.

c.

Such an informal discussion is recommended in order to facilitate general review of the factors and problems affecting the site plan before the applicant proceeds with formal application and final plans and documentation required for formal consideration by the commission.

d.

The informal review is provided as a courtesy to the applicant in the belief that plans or concepts presented in preliminary rather than final form, and alterations or changes suggested by the commission, may be made more readily and economically.

e.

The nature, details, and degree of accuracy of submitted information, studies, reports and maps, shall be at the option of the applicant. It should, however, be recognized that the value of the conference to the applicant will reflect and be directly related to the amount of preliminary data provided at the conference.

f.

Neither informal plans nor the informal review by the commission shall be deemed to constitute any portion of the official and formal procedure of reviewing and approving site plans.

g.

The commission shall take no action either to approve or disapprove such proposed site plans on the basis of such informal conference.

h.

Any plans, maps or other documents discussed by the commission at the informal conference shall be retained by the applicant.

22-10-1.5. Zone change application.

a.

The boundaries of any zone district established hereunder may from time to time be amended, modified, or changed by recommendation of the commission to the council on its own initiative or by petition for approval.

1.

Unless initiated by the commission, all petitions for a change of zone must be made by the owners of record of the property involved, their authorized agents, or the holder of an option to purchase.

2.

Any petitions for amendment shall be submitted in writing to the department of community development on forms prescribed.

3.

Applications shall be accompanied by:

a.

Six (6) copies of a survey map prepared at twenty-four (24) inches × thirty-six (36) inches at an acceptable scale based on the size of the area; and

b.

The names, addresses and zip codes (when available) of all parcel owners as per the latest assessor's records, keyed by parcel number; and

c.

The appropriate application fee, except that the commission shall be exempt from any application fee.

4.

The maps shall show:

a.

Existing zone district lines (depicted by a heavy, broken line).

b.

Property for which the zone change is requested (shown in a shaded pattern).

c.

A line representing the locus of points five hundred (500) feet in all directions from the parcel(s) for which the change in classification is requested.

d.

Lots and streets lying wholly or partially within five hundred (500) feet in all directions.

e.

Appropriate legend indicating the specific request as well as the name of the applicant and owner(s) of land included in the proposed change.

f.

Lot or parcel numbering consistent with the system used by the assessor's office.

g.

North arrow and location key map at a scale of one (1) inch = one thousand (1,000) feet.

h.

Appropriate professional certification and clarification by a land surveyor.

5.

Any amendment or change may be adopted only after due notice and public hearing in accordance with the provisions of state law.

6.

No petition for amendment which has been rejected by the council shall be heard again within two (2) years from the date of rejection except that the council may grant a re-hearing before one (1) year if it finds, on facts presented in writing, that a material change in the situation justifies this action in the interest of the public as well as the petitioners.

b.

Comprehensive plan - future land use map requirements.

1.

When a lot abutting St. Bernard Highway, Judge Perez Drive, or Paris Road, from the Orleans Parish line to the Violet Canal, is designated commercial on the future land use map, the adjoining lots may be considered to be zoned commercial up to two hundred and fifty (250) feet. An owner shall subdivide multiple lots, up to two hundred and fifty (250) feet, to create a single lot. During the requested subdivision, if a portion of an existing lot is beyond two hundred and fifty (250) feet, the lot shall be subdivided from the lot abutting the highway, and the new, rear lot shall have a minimum frontage of sixty (60) feet. The parish does not permit split zoning districts.

22-10-1.6. Text amendment application.

a.

These regulations may from time to time be amended, modified, changed or repealed by recommendation of the commission and approval of the council on its own initiative or by petition.

b.

Any petitions for text amendment shall be submitted in writing to the department of community development on forms prescribed and shall be accompanied by the following:

1.

Ten (10) copies of the precise wording of the existing and proposed text; and

2.

Digital copy of text in word or other appropriate format;

3.

The appropriate application fee, except that the commission shall be exempt from any application fee.

c.

Any amendment or change may be adopted only after due notice and public hearing in accordance with the provisions of Louisiana State Law.

d.

No petition for text amendment which has been rejected by the commission or council shall be heard again within one (1) year from the date of rejection except that the commission or council may grant a re-hearing before one (1) year if it finds, on facts presented in writing, that a material change in the situation justifies this action in the interest of the public as well as the petitioners.

22-10-1.7. Fees. A fee of two hundred fifty dollars ($250.00) shall be assessed to the applicant for any rezoning or conditional use request submitted to the department of community development. Said fees shall be submitted to the parish treasurer and credited to the general revenue fund of the Parish of St. Bernard, Louisiana.

22-10-2. Administration by staff.

22-10-2.1. Building permit.

a.

Zoning verification by the department of community development is required as part of any building permit that includes items regulated by the zoning regulations.

b.

No building permit shall be issued unless zoning has been verified, when applicable.

c.

No certificate of occupancy shall be issued unless a certificate of zoning compliance has been issued.

22-10-2.2. Certificate of zoning compliance.

a.

Certificates are required for all commercial, industrial, and multi-family dwellings with more than five (5) units.

b.

An application for a certificate of zoning compliance shall be submitted to the director of community development prior to:

1.

The issuance of any certificate of occupancy by the building official;

2.

The renewal or change of a nonconforming use.

c.

An application for a certificate of zoning compliance shall be accompanied by:

1.

A plot plan as required for a building permit;

2.

A letter from the parish engineer, or his designee, stating that all site improvements, as approved by the commission as part of a site plan, have been completed.

d.

The zoning official shall issue a certificate of zoning compliance upon finding that:

1.

The building, structure, sign or use is in compliance with an approved site plan, special exception, and with these regulations;

2.

The use legally existed at the time of the adoption of these regulations; or

3.

The renewal or change of the nonconforming use is in conformity with the provisions of these regulations.

e.

A certificate of zoning compliance shall be deemed to authorize a use and is required for both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect as long as such building or land and the use thereof is in full conformity with the provisions of these regulations and any requirements pursuant thereto.

f.

A certificate of zoning compliance shall become null and void thirty (30) days from the date of serving notice of any violation of any of the provisions or requirements of these regulations and a new certificate of zoning compliance shall be required for any further use of such building or land unless:

1.

The violation is corrected within said thirty (30) days; or

2.

It is shown that the violation does not exist.

g.

A record of all certificates of zoning compliance shall be kept on file in the department of community development.

22-10-2.3. Certificate of occupancy.

a.

No building or structure or any addition or alteration thereto hereafter erected shall be occupied or used, in whole or in part, for any purpose until a certificate of occupancy shall have been issued by the building official.

b.

Every application for a certificate of occupancy shall submit a written statement from the local health official approving the finished water and sewer systems, when applicable.

c.

An application for a certificate of occupancy shall be accompanied by a plot plan as required for a building permit.

d.

No certificate of occupancy shall be issued unless a certificate of zoning compliance has been issued.

e.

No certificate of occupancy shall be issued for any dwelling unit until the right-of-way to such building is made accessible to emergency vehicles.

22-10-2.4. Change in use or structure application. All additions to existing uses or structures, including any modifications to parking, grading, storm drainage, planting or signing, as well as such changes in or revisions to approved site plans, must be submitted to the parish engineer and director of community development for review.

22-10-3. Enforcement.

22-10-3.1. Authority.

a.

These regulations shall be enforced by the planning and zoning commission and its duly authorized agents.

b.

The commission may appoint an official as the commission's duly authorized agent for enforcement of these regulations.

c.

The director of community development shall have zoning enforcement authority.

d.

The director of community development is hereby authorized to inspect and examine any building, structure, place, or premises and to order, in writing, the remedying of any condition found to exist there in violation of any provision of these regulations.

22-10-3.2. Violations.

a.

If the director of community development shall find that any of the provisions of these regulations are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it.

b.

The zoning official shall order:

1.

Discontinuance of illegal use of land, buildings, structures, additions, alterations, or structural changes thereto;

2.

Discontinuance of any illegal work being done; or

3.

Shall take any action authorized by these regulations to ensure compliance with or to prevent violation of its provisions.

c.

Penalties for illegal acts shall be as provided in the Louisiana State Law.

d.

The commission shall recommend and the parish council shall adopt zoning enforcement policies to be followed by the department of community development.

22-10-3.3. Penalty. The owner or general agent of a building or premises where a violation of any provision of this regulation has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part in, assists in any such violation, or maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable either by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) or not more than ninety (90) days' jail sentence, or both, for each and every day that such a violation continues.

22-10-4. Board of zoning adjustments.

22-10-4.1. Creation and appointment. Pursuant to Section 7 of the enabling act, the board of zoning adjustments is hereby created. The word "board," when used in this section, shall be construed to mean the board of zoning adjustments. The board shall consist of five (5) members who shall be appointed by the St. Bernard Parish Council and shall be residents, owners of real property and qualified voters. The membership of the board shall serve, respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. All members shall be removable for cause by the appointing authority upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairman who shall serve for one (1) year.

22-10-4.2. Rules of procedure. The board shall adopt rules of procedure not in conflict with any state act or parish ordinance. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be public record. All testimony, objections thereto and rules thereon shall be taken down by a reporter employed by the board for the purpose. In exercising its powers and duties, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made. The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of the director of the department of community development, or to decide in favor of the application on any matter upon which it is required to pass under any such ordinance or to effect any variance of such ordinance.

22-10-4.3. Powers and duties. The board of zoning adjustments shall have the following powers and it shall be its duty:

(a)

Interpretation. To hear and decide appeals involving the interpretation of any provision of this chapter or when it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in enforcement of this chapter.

(b)

Grant of exception. In hearing and deciding appeals, the board shall have the power to grant exceptions in the following instances:

(1)

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the official zoning maps, where the district boundaries are uncertain or where the street layout actually on the ground varies from the street layout as shown on the zoning map.

(2)

Permit the erection and use of a building or the use of land for railroads or public utility purpose.

(3)

Permit private utilities, railroads, temporary commercial amusements or recreation developments, airports, radio and television broadcasting towers.

(c)

Variance. To vary or adopt the strict application of the yard requirements or height restrictions, or parking and sign regulations in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby strict application would deprive the owner of the reasonable use of the land in accordance with the use regulations of this chapter; to waive or reduce the parking requirements wherever the use of a building or land is so extraordinary as to make unnecessary the full provision of parking facilities, or wherever it can be shown that provision of required off-street parking space within three hundred (300) feet of the main building is not feasible and would impose an unreasonable hardship as contrasted with merely granting an advantage or a convenience; to approve an application for a business sign or advertising structure which may not conform with the provisions of the district in which it is to be located where the location, size or addition would not be inconsistent with the character of the area or neighborhood in which such sign or structure is to be located. In granting any variance, the board of adjustments shall prescribe any conditions that it deems to be necessary or desirable. No variance shall be granted by the board of adjustments unless it finds:

(1)

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 zoning district.

(2)

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under this chapter.

(3)

The special conditions and circumstances do not result from the actions of the applicant or any other person who may have or had an interest in the property.

(4)

Granting the variance requested will not confer on the applicant any special privilege which is denied by this chapter to other lands, structures, or buildings in the same zoning district or similarly situated.

(5)

The variance, if granted, will not alter the essential character of the locality.

(6)

Strict adherence to the regulation for the property would result in demonstrable hardship upon the owner, as distinguished from mere inconvenience.

(7)

The purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested parties.

(8)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood which the property is located.

(9)

The proposed variance will not impair an adequate supply of light and air adjacent to the property, or increase substantially the congestion in the public street, or increase the danger of fire, or endanger the public safety.

(d)

Court review. Any person or persons, or any office, department, commission, board, bureau or any other agency or the Parish of St. Bernard, Louisiana, jointly or severally aggrieved by any decision of the board of zoning adjustments, may present to the Thirty-Fourth Judicial District Court of the Parish of St. Bernard, within thirty (30) days after filing of the decision in the office of the board, a writ of certiorari asking for such relief and under such rules and regulations as are provided for such matters in appropriate legislation of the State of Louisiana.

(e)

Fees. A fee of one hundred fifty dollars ($150.00) shall be paid to the director of the department of community development at the time the notice of appeal is filed, which the director of the department of community development shall forthwith pay over to the parish treasurer to the credit of the general revenue fund of the Parish of St. Bernard, Louisiana. The applicant will also be charged an additional fifty dollars ($50.00) per rezoning or conditional use application and twenty-five dollars ($25.00) per variance application in addition to the one hundred fifty dollars ($150.00) for the cost of running the legally required notice of public hearing in the newspaper of general circulation and for the cost of mailing the legally required notices to adjacent property owners.

22-10-5. Consolidated review committee.

22-10-5.1. Authority. The planning and zoning commission and parish council have the authority to create a consolidated review committee to administer agency level permit reviews and approvals to create a more effective and efficient land use approval process.

22-10-6. Validity and effective date.

22-10-6.1. Repealer. Any previously enacted zoning regulations of the planning and zoning commissions of the Parish of St. Bernard, and all amendments thereto are hereby repealed and replaced with these regulations as of the effective date hereof.

This repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired or any liability, penalty, forfeiture or punishment incurred prior to the times such repeal took effect, but the same may be enjoined, asserted, enforced, or prosecuted as fully and to the same extent as if such repeal had not been effected.

22-10-6.2. Separability. Should any phrase, clause, or section of these regulations be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other phrase, clause or section of these regulations.

If a court of competent jurisdiction finds the application of any provision of these regulations to any use, land or improvement to be invalid or ineffective in whole, or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the controversy and the application of any such provision to other persons, property or situations shall not be affected.

22-10-6.3. Effective date. Regulations, and any amendment or change hereto, shall be in full force and effect from the date established by the commission and council in accordance with the Louisiana State Law.

22-10-7. Amendments to zoning ordinance. Section XVIII of the Zoning Ordinance of June 1, 1965, reprinted in 1982, contained ordinances which were considered amendatory or supplementary. These ordinances are listed below, along with their disposition in either this chapter or in other parts of the Code of Ordinances:

This list is not inclusive of all amendments to the zoning ordinance, but contains only those ordinances included under Section XVIII of the 1965 Zoning Ordinance at the time of its publication in 1982. For other ordinances amending these zoning ordinances, see the Code Comparative Table at the back of this volume.

(Ord. No. SBPC-1652-06-15, § 1, 6-16-15; Ord. No. SBPC-2017-11-17, § 1(Exh. A), 11-21-17; Ord. No. SBPC-2473-12-22, § 1(Exh. A), 12-20-22)