It shall be the duty of zoning regulatory administrator to enforce the provisions of this chapter. It shall also be the duty of all officers and employees of the local legislative body, and especially of all the members of the sheriff's office to assist the building inspector by reporting to him upon new construction, alterations, relocations, repairs, or land uses, or upon seeming violations.

(Code 1988, § 33:191; Ord. No. 84-38, 6-14-1984; Ord. No. 86-35, 5-22-1986)

Whenever a violation of any provision of this chapter occurs or, is alleged to have occurred, any person may file a written complaint. Such complaints stating fully the causes and basis thereof, shall be filed with the administrative official. He shall record properly such complaint, immediately investigate and take action thereon as provided for herein.

(Code 1988, § 33:196; Ord. No. 86-35, 5-22-1986)

(a)

Generally. Within the districts established by this chapter or amendments that may later be adopted, there exist structures, uses of land, and sites, the characteristics of which were lawful before these provisions were passed or amended, but which would be prohibited, regulated or restricted under the current regulations of the Code. These nonconformities are generally permitted to continue until they are amended or removed, but their survival is not to be encouraged.

(b)

Expansion. It is further the intent of these provisions that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district except as provided for herein.

(c)

Conformance in the wake of disaster. It is not the intent of these provisions to exact compliance with the regulations of a specific zoning district in the wake of a natural disaster. Further, the provisions herein provide specific periods of time and procedures for reconstruction following such disasters.

(Ord. No. 16-56, § III, 12-13-2016)

(a)

Definition. See definition of a legally nonconforming use in section 113-1, definitions.

(b)

Determination of a legally nonconforming use.

(1)

The director of planning and zoning or his/her designee shall make a determination as to the existence of legally nonconforming use status at the request of a property owner or his/her agent.

(2)

Any interested party may request such a zoning verification letter to verify existence of a legally non-conforming use, which shall be provided in writing by the director of planning and zoning or her designee. Rationale for the decision shall be stated in writing. Further, the requestor or property owner is obligated to supply any materials or documentation in support of such a determination.

(c)

Right to continue. Except as otherwise provided for in this section, a use determined to be legally nonconforming may be continued.

(d)

Maintenance. Nothing in this section shall inhibit the routine maintenance and routine repair of a structure containing a legally nonconforming use.

(e)

Discontinuation or abandonment of a legally nonconforming use.

(1)

Any particular use that is established as a legally nonconforming use is deemed abandoned when that particular non-conforming use is discontinued or becomes vacant or unoccupied for a continuous period of 182 days. The calculation of the period of discontinuance does not include any period of discontinuance by state of emergency, force majeure, or acts of public enemy.

(2)

The existence of a legally nonconforming use on part of a lot, tract of land, or structure is not construed to establish a legally nonconforming use on the entire lot, tract of land or structure.

(3)

The causal, intermittent, temporary, or illegal use of land or structures is not sufficient to establish and maintain the existence of any legally nonconforming use, whether the use is a main or accessory use.

(4)

Seasonal uses are deemed abandoned when that use is discontinued for one calendar year.

(f)

Destruction of structures containing a legally nonconforming use. Structures containing a legally nonconforming use that are in whole or in part destroyed by force majeure or acts of public enemy may be restored and the use continued, provided that the restoration is accomplished with no increase in cubical content, no increase in floor area, no increase in the number of units, and no intensification of the non-conforming use to an extent greater than is permitted by the regulations of this division, provided that such restoration complies with the current provisions of chapter 105, buildings and building regulations, the applicable regulations of the Code of Federal Regulations, the National Flood Insurance Program, and any other relevant regulations.

(1)

Such restoration of a legally nonconforming use must be commenced within six months after the nonconforming use was damaged or destroyed. Said six-month period shall begin on the date that a state of emergency is lifted from the property in question or from the earliest date that the property can reasonably be accessed by the property owner following a disaster that prevents access.

(2)

Commencement of restoration shall be evidenced by submittal of a complete application for a building permit with the department of planning and zoning.

(3)

Restoration of legally nonconforming uses must be completed within the time frame prescribed by the building permit. Any extension to the requirements of this section must be approved by the building official and evidenced by an extended building permit.

(g)

Enlargement or alteration of a nonconforming use.

(1)

No legally nonconforming use may be enlarged, expanded, extended, or altered in any way, except as provided for in this section.

(2)

Extension, enlargement, expansion, and alteration of a nonconforming use is defined as an addition to a structure containing a nonconforming use. Any additional permitted use or construction of a structure accessory to the nonconforming use will not be considered an enlargement or intensification when the use or accessory structure is permitted in its current zoning district.

(3)

Legally nonconforming uses may not be extended, enlarged, intensified, expanded, or altered without approval by the parish council.

a.

Property owners requesting a one-time expansion of a legally non-conforming use must submit an application to the department of planning and zoning following the procedure described in section 113-50, procedure for expansion of a legally nonconforming use.

b.

The total expansion, whether by addition to the principal structure or by construction of an accessory structure that is not permitted in the current zoning district, cannot exceed 25 percent of the total area of the original structure.

c.

Any proposed expansion must meet all site development standards including, setback, parking, landscaping and buffering requirements, set forth in the zoning district for which it is located.

(h)

Changes to a legally nonconforming use.

(1)

A nonconforming use may be changed only to a use that is conforming to the current regulations of the zoning and overlay zoning district (if applicable) where the use is located.

(2)

Any change of a legally nonconforming use to any other use shall terminate the right to continue the nonconforming use. Thereafter, the property shall be used only in conformity with the use provisions of its zoning district.

(Ord. No. 16-56, § III, 12-13-2016; Ord. No. 18-31, § VI, 10-9-2018)

Each application to expand a legally nonconforming use in accordance with section 113-49 must be filed with the planning and zoning department. Each application shall be submitted under the following conditions:

(1)

Application contents. An application shall include the following items and information:

a.

A legal description of the tract; and

b.

A plat showing the dimensions, acreage, and location of the tract; and

c.

The present zoning classification for the tract; and

d.

The name and address of the owners of the property and their legally authorized agents, if any; and

e.

Building plans and/or site plans for construction; and

f.

Payment of appropriate fees as established in section 14-113.

(2)

Review. The zoning regulatory administrator or his/her designee shall review the application to determine that the proposed expansion meets the requirements of section 113-49 and that no other expansion has previously been granted. Upon receipt and review of a complete application, the zoning regulator administrator will submit his/her findings to the planning commission for public hearing.

(3)

Schedule. An application shall be submitted in accordance with a schedule adopted by the planning commission that shall provide sufficient time to legally advertise for public hearing any applications for proposed expansions.

(4)

Advertising. Notice of the proposed change and the time and place of the hearing before the planning commission shall have been published at least once in the official journal of the parish. At least four days shall elapse between the date of publication and the date of the hearing. A printed notice in bold type shall have been posted for not less than ten consecutive days prior to the public hearing conducted by the planning commission on a sign not less than one square foot in area, prepared, furnished and placed by zoning regulatory administrator or his/her designee upon the principal and assessable rights-of-way adjoining the area proposed for expansion.

(5)

Planning commission action. The planning commission shall review and take action upon each application in accordance with the schedule adopted by the planning commission after a public hearing has been held, at which parties in interest and citizens shall have had the opportunity to be fully heard. Each application shall be presented to the planning commission by the zoning regulatory administrator, or his/her designee, together with his findings on it. A report of the planning commission's recommendation and the zoning regulatory administrator's or his/her designee's findings shall be submitted to the parish council. A final vote shall have been taken on the proposal by the planning commission within 45 days after the public hearing. In the event that no final vote is taken, the proposal shall be automatically forwarded to the parish council for action. However, in the event that the 45-day deadline falls on a holiday or a meeting that has been canceled by the planning commission, the 45-day deadline will be extended automatically to the next regular planning commission meeting.

(6)

Action by the parish council. The governing authority shall not take official action until the report of the planning commission is received. A final vote shall have been taken on the proposal by the parish council within 45 days after the report has been received from the planning commission. In the event that no final vote is taken the proposal shall be automatically approved. However, in the event that the 45-day deadline falls on a holiday or a meeting that has been canceled by the parish council, the 45-day deadline will be extended automatically to the next regular parish council meeting.

(Ord. No. 16-56, § III, 12-13-2016)

(a)

Definition. See definition of a legally nonconforming structure or site in section 113-1, definitions.

(b)

Right to continue. A legally nonconforming structure or site may continue to be occupied, except as otherwise provided for in this section.

(c)

Maintenance. Nothing in this section shall inhibit the routine repair and routine maintenance of a legally nonconforming structure or site.

(d)

Expansion. A legally nonconforming structure or site, which is use-conforming, may not be altered or enlarged in any way that would increase the degree of nonconformity, unless such alteration or enlargement is deemed necessary by the department of planning and zoning or other relevant jurisdictions to rectify a hazardous health and safety situation.

(e)

Restoration. Legally nonconforming structures or sites that are in whole or in part destroyed by force majeure or acts of public enemy may be restored to their original location, floor area, and height provided that such restoration complies with the current provisions of chapter 105, buildings and building regulations, the National Flood Insurance Program, and any other relevant regulations.

(1)

Such restoration of a nonconforming structure must be commenced within six months after the date on which the nonconforming structure was damaged or destroyed.

(2)

Commencement of restoration shall be evidenced by submittal of a complete application for a building permit to the department of planning and zoning.

(3)

Restoration of legally nonconforming structures must be completed within the time frame prescribed by the building permit. Any extension to the requirements of this section must be approved by the building official and director of planning and zoning and evidenced by an extended building permit.

(f)

The causal, intermittent, temporary, or illegal construction of a structure or structures is not sufficient to establish and maintain the existence of any nonconforming structure, whether the structure is principal or accessory.

(g)

The provisions of this section are not meant to pre-empt any servitude agreement between two parties. Any legally, non-conforming structure located in such servitude or right-of-passage may not be rebuilt, enlarged, or extended without approval from the servitude holder. Further, any structure whatsoever existing in a servitude is subject to action by the servitude holder and the courts.

(Ord. No. 16-56, § III, 12-13-2016)

The provisions of this chapter, including the official zoning map, may be amended by the parish council on its own motion, or on recommendation of the planning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. Before enacting an amendment to this chapter, the planning commission shall give public notice and hold a public hearing thereon as required herein.

(Code 1988, § 33:145)

(a)

Amendments to this chapter, including the official zoning map, may be initiated:

(1)

By action of the parish council itself;

(2)

On petition of at least 51 percent of the property owners, or their authorized agents; or

(3)

Upon the recommendation of the planning commission.

(b)

No amendment shall be made unless it is determined by the planning commission that the amendment, or supplement, or change to the regulations, restrictions or boundaries should be made, except as otherwise provided herein.

(Code 1988, § 33:146)

Each application to amend the official zoning map shall be filed with zoning regulatory administrator or designee. Each application shall be submitted under the following conditions:

(1)

Application; contents. An application shall include the following items and information:

a.

A legal description of the tract proposed to be rezoned;

b.

A plat showing the dimensions, acreage and location of the tract prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and his seal shall be affixed to plat;

c.

The present and proposed zoning classification for the tract;

d.

The name and address of the owners of the land and their legally authorized agents, if any; and

e.

Payment of appropriate fees as established in section 14-113.

(2)

Review. The application shall be reviewed by the zoning regulatory administrator or his designee who shall be responsible for determining the application's adherence to the applicable development standards for the district for which application is made. He shall submit his findings to the planning commission after the public hearing.

(3)

Schedule. An application shall be submitted in accordance with a schedule adopted by the planning commission that shall provide that each application shall be submitted to allow sufficient time to legally advertise for public hearing in accordance with these regulations.

(4)

Withdrawal of application. When a petition requesting a zoning change is withdrawn by the applicant after it has been accepted by the parish and legally advertised as required by this section, the parish council shall not consider any further petition requesting or proposing the same change or amendment for the same property within a one calendar year from the date of the request to withdraw.

(5)

Advertising. Notice of the proposed change and the time and place of the hearing before the planning commission shall have been published once a week for three weeks consecutively in the official journal of the parish. At least four days shall elapse between the last date of publication and the date of the hearing. A printed notice in bold type shall have been posted for not less than ten consecutive days prior to the public hearing conducted by the planning commission on a sign not less than one square foot in area, prepared, furnished and placed by zoning regulatory administrator or his designee upon the principal and assessable rights-of-way adjoining the area proposed for a change in land use classification.

(6)

Public hearing. A public hearing shall be held in accordance to law and duly advertised before the planning commission at which parties in interest and citizens shall have an opportunity to be heard. After such public hearing, the zoning regulatory administrator or his designee shall submit a report of his findings and recommendations to the planning commission to the proposed changes.

(7)

Planning commission action. The planning commission shall review and take action upon each application in accordance with the schedule adopted by the planning commission after a public hearing has been held, at which parties in interest and citizens shall have had the opportunity to be fully heard. Each application shall be presented to the planning commission by zoning regulatory administrator, or his designee, together with his recommendations on it. A report of the planning commission's recommendation and the zoning regulatory administrator or his designee recommendation shall be submitted to the parish council.

a.

The planning commission shall adopt such rules and regulations for the conduct of public hearings and meetings as are consistent with state law and are appropriate to its responsibilities, which shall be published and available to the public, as well as conflict of interest rules, to ensure that no member is entitled to rule on a matter in which he has an interest directly or indirectly.

b.

A final vote shall have been taken on the proposal by the planning commission within 45 days after the public hearing. In the event that no final vote is taken, the proposal shall be automatically approved. However, in the event that the 45-day deadline falls on a holiday or a meeting that has been canceled by the planning commission, the 45-day deadline will be extended automatically to the next regular planning commission meeting.

(8)

Action by the parish council. The governing authority shall not take official action until the report of the planning commission is received. A final vote shall have been taken on the proposal by the parish council within 45 days after the report has been received from the planning commission. In the event that no final vote is taken the proposal shall be automatically approved. However, in the event that the 45-day deadline falls on a holiday or a meeting that has been canceled by the parish council, the 45-day deadline will be extended automatically to the next regular parish council meeting. Any amendment that has failed to receive the approval of the planning commission shall not be passed by the parish council except by the affirmative vote of two-thirds of the legislative body.

(9)

One-year limitation. Whenever a petition is filed requesting or proposing a change in or amendment to these regulations or to the official zoning map and this petition has been finally acted on and denied by the council in accordance with the procedure outlined in this section, the council shall not consider any further petition requesting or proposing the same change or amendment for the same property within one calendar year from the date of the council's final action on the original petition.

(Code 1988, § 33:147; Ord. No. 97-05, 1-28-1997; Ord. No. 04-13, 3-9-2004)

(a)

Before the planning commission recommends or the parish council rezones property, there should be reasonable factual proof by the proponent of a change that one or more of the following criteria are met:

(1)

Land-use pattern or character has changed to the extent that the existing zoning no longer allows reasonable use of the proponents property and adjacent property. The term "reasonableness" means:

a.

Land use the same as, or similar to that existing or properties next to, or across the street from the site under consideration.

b.

Consideration of unique or unusual physical of environmental limitations due to size, shape, topography or related hazards or deficiencies.

c.

Consideration of changes in land value, physical environment or economic aspects that tend to limit the usefulness of vacant land or buildings.

(2)

The proposed zoning change, and the potential of resulting land use change, will comply with the general public interest and welfare and will not create:

a.

Undue congestion of streets and traffic access.

b.

Overcrowding of land or overburden on public facilities such as transportation, sewerage, drainage, schools, parks, and other public facilities.

c.

Land or building usage that is, or may become incompatible with existing character or usage of the neighborhood.

d.

An oversupply of types of land use or zoning in proportion to population, land use and public facilities in the neighborhood.

(b)

As far as possible, the planning staff should base rezoning analyses on these criteria. The planning commission in its recommendations to the parish council, may state its concurrence with, or rejection of, proponents' offers of proof at public hearings and may state, in its motion of recommendation to the parish council, its position in relation to proponents' statements and planning staff analyses shall be forwarded to the parish council along with the planning commission's recommendations.

(c)

If the planning commission recommends denial and the parish council concurs, the matter need not be introduced for public hearing, and if the planning commission's vote to deny is unanimous, the matter shall not be introduced except by majority vote by the parish council.

(Code 1988, § 33:148; Ord. No. 94-93, 12-13-1994)

(a)

Initiation and procedure. The amendment process to change the text of this chapter may be initiated by resolution of the council directing the preparation of an ordinance or study or by introduction of an ordinance by the council. It may also be initiated upon the recommendation of the planning commission or their designee.

(b)

Notice. Except as otherwise provided, the following notice shall be provided:

(1)

Published notice. Notice requirements shall be consistent with a proposed zoning map amendment as provided in this section. No other mandatory types of notice shall be required; however, the planning commission or planning director, by rule, may provide for additional discretionary forms of notice.

(2)

Defective notice; validity. No amendment, supplement or change shall be declared invalid by reason of any defect in the publication of the notice of the purpose or subject matter and the time and place of the hearing if the published notice gives reasonable notice of its purpose, subject matter, substance or intent. Any defect in or failure to strictly adhere to the discretionary forms of notification shall not form a basis for declaring invalid any ordinance or council action on any matter described in this section.

(3)

Substitute, alternative or modified proposal. Notice of the original proposal on the docket of the planning commission in accordance with this section shall also constitute notice of any substitute, alternative or modified amendment, supplement or change that may be adopted by the council, or recommended by the planning director, other department director, planning commission, or parish board, following the public hearing, if the said substitute, alternative or modified proposal is within reasonable limits of the purpose or subject matter of the original proposal.

(c)

Public hearing. A public hearing for each proposed amendment shall be conducted by and before the planning commission, at which time all interested parties and citizens shall have an opportunity to be heard. Each proposed amendment shall be allotted a case or docket number and scheduled for public hearing. During the public hearing the planning director, or his designee, shall be called upon for presentation of a technical recommendation and analysis for the proposed amendment.

(d)

Decision makers.

(1)

Planning director action. Prior to the public hearing, the planning director shall submit findings and recommendations related to the proposed amendment for consideration by the planning commission.

(2)

Planning commission action. After considering public testimony and the findings and recommendations of the planning director, the planning commission may recommend adoption of the proposed amendment as presented, adoption of the amendment with modifications, or disapproval of the amendment.

(3)

Recommendations to council. Within 45 days of initiation of the public hearing, the planning director shall forward to the parish council the planning commission's recommendation, the director's findings and recommendations and the minutes of public testimony.

(4)

Parish council action. Upon receipt of the above referenced findings, recommendations and testimony, the council may take official action. The council shall consider the findings, recommendations and testimony prior to making a decision. If no findings, testimony, and recommendations are received by the council within 45 days after the initiation of the planning commission public hearing, the council may take official action upon the proposed amendment without this record.

(e)

Approvals pending ordinance amendments; interim development standards.

(1)

Upon adoption of a resolution or introduction of an ordinance to call a text study, the council may establish interim development standards providing for reasonable approval conditions or exemptions for certain types of development applications that would otherwise be affected by the study.

(2)

The council action shall not affect action on completed applications submitted prior to the resolution or ordinance, but may affect subsequent applications for the same project.

(3)

Interim development standards shall be in effect from the date that a resolution or ordinance is adopted for up to one year.

(4)

Introduction of an ordinance that conveys the substantial intent of the planning director's findings and recommendations for the final disposition of a study shall extend interim zoning regulations for an additional period not to exceed six months.

(5)

The expiration of interim development standards shall not result in the expiration of a study. The planning director shall notify the council 90 days prior to the expiration of interim development standards. At any time during the 90-day period the council may extend the interim development regulations by resolution or ordinance for no more than one additional period not to exceed six months. Upon the expiration of the interim development standards, no interim standards shall be imposed for a two-year period from the final expiration date of the standards.

(Ord. No. 16-08, 3-8-2016)

(a)

Generally. This division applies to certain uses that are not permitted as a matter of right because of unique characteristics or potential impacts on adjacent and nearby land uses, but may—under appropriate standards and factors—be approved. These uses may be permitted with additional measures and conditions necessary to mitigate the impact of the proposed development through the issuance of a conditional use permit (CUP) approved by the parish council, who shall consider in their decision-making whether or not the proposed land use:

(1)

Can be appropriately accommodated on the specific property; and

(2)

Conforms to the goals and objectives of the comprehensive plan; and

(3)

Can be constructed and operated in a manner that is compatible with the surrounding land uses and overall character of the community; and

(4)

Promotes the public's interest, health, safety, and general welfare.

(b)

Uses and sites. The conditional use permit process is only applicable to the following requests:

(1)

The proposed establishment of uses not specifically prohibited in the Rural district as per section 113-168. This process shall not apply to those uses allowed by right in the Rural District.

(2)

Proposed adult uses in the Commercial District Three [C-3], Industrial District One [I-1], Industrial District Two [I-2], Industrial District Three [I-3], Nonindustrial Batture District [B-1], and Industrial Batture District [B-2], in conformance with section 113-474 - Use requirements.

(3)

Proposed new monopole or self support lattice cellular towers in conformance with sections 113-345, permitted uses and chapter 113, article V, division 3 - telecommunication towers and satellite dishes.

(4)

Proposed mobile home parks in the Residential District Four [R-4] or the Mobile Home Park District [MHP] in conformance with the criteria listed in the zoning district of the subject site and with chapter 113, article V, division 4 - mobile home parks and trailer courts.

(5)

Proposed truck stops or terminals in the Industrial District One [I-1], Industrial District Two [I-2], and Industrial District Three [I-3] in conformance with the criteria listed in section 113-479 - truck stops or terminals.

(6)

Temporary residential housing in the Rural District, Industrial District One [I-1], Industrial District Two [I-2], and Industrial District Three [I-3] in conformance with the criteria listed in Section 113-485 - Temporary residential housing.

(7)

Light manufacturing, assembly, or artisan/craftsman workshops over 3,000 square feet in area per unit in the Commercial District Three [C-3] or on a commercially-zoned site within a historic district as established in section 114-29 - Designated historic districts.

(Ord. No. 17-33, § V, 8-8-2017; Ord. No. 18-31, § VII, 10-9-2018)

Each application for a conditional use permit shall be submitted under the following conditions and include the following items:

(1)

A legal description of the tract proposed to be utilized;

(2)

A narrative on the type of use including the applications adherence to the applicable development standards, i.e., performance standards, locational criteria, buffer zone requirements, etc.;

(3)

A plat showing the dimensions, acreage and location of the tract prepared by an architect, engineer, landscape architect, or land surveyor whose state registration is current and his seal shall be affixed to plat. This plat shall also include the following information:

a.

Scale, north arrow, date;

b.

Vicinity map showing existing land use and buildings as it applies to the performance standards and locational criteria;

c.

Location of all buildings and structures existing and proposed;

d.

Location and number of off-street parking and loading spaces;

e.

Dimensions of all setbacks;

f.

The name and addresses of the owner of the land and his legally authorized agent, if any;

g.

Payment of appropriate fees as established in section 14-113(1)b;

h.

All other applicable requirements of this chapter.

(Ord. No. 17-33, § V, 8-8-2017; Ord. No. 18-31, § VII, 10-9-2018)

The application shall be reviewed by the planning and zoning director or his designee who shall be responsible for determining the application's adherence to the applicable development standards for the particular use. He shall submit his findings to the planning commission at the public hearing.

(Ord. No. 18-31, § VII, 10-9-2018; Ord. No. 18-31, § VII, 10-9-2018)

An application for a conditional use permit must be submitted in accordance with a schedule adopted by the planning commission which shall provide that each application shall be submitted to allow sufficient time to legally advertise for public hearing.

(Ord. No. 18-31, § VII, 10-9-2018; Ord. No. 18-31, § VII, 10-9-2018)

Notice of the proposed conditional use permit and the time and place of the hearing before the planning commission shall have been published two times in the official journal of the parish. A minimum of ten days shall elapse between the first date of publication and the date of the hearing.

(Ord. No. 18-31, § VII, 10-9-2018)

A public hearing shall be held in accordance with law before the planning commission at which parties in interest and citizens shall have an opportunity to be heard. At such public hearing, the planning and zoning director or his designee, shall submit a report of his findings and recommendations to the planning commission as to the proposed application for a conditional use permit.

(Ord. No. 17-33, § V, 8-8-2017)

The planning commission shall review and take action upon each application in accordance with the schedule adopted by the planning commission after a public hearing has been held at which parties in interest and citizens shall have had the opportunity to be fully heard. Each application for a conditional use permit shall be presented by the planning and zoning director or his designee, together with his recommendations on it. A report of the planning commission's recommendation and the planning and zoning director or his designee recommendation shall be submitted to the parish council. The planning commission shall adopt such rules and regulations for the conduct of public hearings and meetings as are consistent with state law and are appropriate to its responsibilities, which shall be published and available to the public, as well as conflict of interest rules, to ensure that no member is entitled to rule on a matter in which he has an interest directly or indirectly.

(Ord. No. 17-33, § V, 8-8-2017)

The parish council shall not take official action until the report of the planning commission is received. A final vote shall have been taken on the proposal by the parish council within 45 days after the report has been received by the planning commission. In the event that no final vote is taken, the proposal shall be automatically approved. However, in the event that the 45 days deadline falls on a holiday or a meeting that has been canceled by the parish council, the 45 days deadline will be extended automatically to the next regular parish council meeting.

(Ord. No. 17-33, § V, 8-8-2017)

A zoning board of adjustments is hereby created and established. The abbreviation "ZBA" or "zoning board" or "board" when used in this chapter shall be construed to mean the zoning board of adjustments.

(Code 1988, § 33:181; Ord. No. 86-35, 5-22-1986)

(a)

The board of adjustments shall consist of five members and may include two alternate members, all of whom shall be landowners and qualified voters. The membership of the first board shall serve respectively, one for one year, one for two years, one for three years, one for four years and one for five years. Thereafter members shall be appointed for terms of five years each.

(b)

All appointments shall be made by resolution of the council. Members shall reside in the district he represents.

(c)

All members shall be removable for cause by the appointment authority upon written charges and after public hearing; provided, however, that any member who shall be absent for three consecutive meetings, may be cause for removal, with council approval, from membership on the board and that appointment shall be automatically vacated as a result of such nonattendance.

(d)

The board shall elect its own chairman from its membership, who shall serve for one year.

(e)

The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to applicable state legislation.

(Code 1988, § 33:182; Ord. No. 86-35, 5-22-1986; Ord. No. 87-29, 5-14-1987; Ord. No. 11-60, 1-24-2012)

(a)

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 failure to vote, indicating the 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 rulings thereon, shall be recorded by the board for the purpose established in section 113-3.

(b)

All applications to the ZBA will be advertised at least one time in official journal of the parish and at least four days shall elapse between the publication and the date of the hearing.

(c)

Fees for applications to the ZBA are as established in section 14-113.

(Code 1988, § 33:183; Ord. No. 86-35, 5-22-1986)

The board of adjustments shall have the powers provided by R.S. 33:4780.40 and other applicable laws. In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.

(Code 1988, § 33:184; Ord. No. 86-35, 5-22-1986)