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St Mary Parish City Zoning Code

CHAPTER 8

Title; Authority; Purpose; and Legal Status

Sec. 8.1.1 Title; Reference

  • Title. The Code shall be known as the St. Mary Parish Unified Development Code.
  • Reference. The St. Mary Parish Unified Development Code may hereinafter be referred to as "this UDC."

    • Effective on: 11/1/2013

    Sec. 8.1.2 Authority and Jurisdiction

    These regulations are adopted under authority granted by the Constitution and Laws of the State of Louisiana and pursuant to provisions of the Charter and Ordinances of St. Mary Parish, Louisiana. St. Mary Parish wishes to exercise all its power allowed under the police powers of the United States Constitution, the Louisiana Constitution, and Louisiana Revised Statute 33:4780.40, Zoning Regulations for Parishes, as amended. This UDC shall be effective throughout all unincorporated portions of St. Mary Parish, excluding lands under the authority and jurisdiction of state and federal agencies and other governmental authorities including the Chitimacha Tribe of Louisiana, Bayou Teche National Wildlife Refuge Atchafalaya Delta Wildlife Management Area and Attakapa Wildlife Management Area.

    Effective on: 11/1/2013

    Sec. 8.1.3 Effective Date

    This UDC and subsequent amendments shall become effective from and after the date of their approval and adoption as provided by law.

    Effective on: 11/1/2013

    Sec. 8.2.1 Legislative Intent

    This UDC is adopted in accordance with and is intended to implement the policies and plans contained within the St. Mary Parish Comprehensive Plan as adopted by the Parish Council in 2002 and which may be amended from time to time. All zoning district amendments shall conform to the policies and planning guidance in the comprehensive plan. As part of ongoing long-range planning for the Parish, the Parish's elected and appointed leaders and its citizens have determined that:

    1. As a largely rural parish, St. Mary Parish does not have an extensive infrastructure public investment to support development. If development is not carefully planned, the costs of roads, water systems, and sewer systems can quickly accelerate the pressure to raise taxes.
    2. As the location for a large number of industrial plants, St. Mary Parish must carefully manage residential and commercial development close to these plants, in order to protect the public safety.
    3. St. Mary Parish occupies an extensive flood plain which can create serious construction and public safety problems with concentrated development.
    4. If growth is not carefully managed, development may destroy the rural character of St. Mary Parish, which represents a valuable property right to the residents of the Parish.
    5. To protect property rights and manage public investments, the Parish Council has enacted these regulations to establish a clear plan for growth in St. Mary Parish.

    Effective on: 11/1/2013

    Sec. 8.2.2 Purpose and Intent

    The UDC is adopted for the purpose of protecting the health, safety and general welfare of the residents, citizens and inhabitants of St. Mary Parish, Louisiana. In accordance with Louisiana Revised Statute 33:4780.42, Purpose of Regulations, as amended, this UDC is designed to:

    1. Lessen congestion in the public streets;
    2. Secure safety from fire;
    3. Promote health and general welfare;
    4. Provide adequate light;
    5. Avoid undue concentration of population; and,
    6. Facilitate adequate transportation, water supply, sewerage, schools, and parks and meet other public requirements for the benefit of the citizens of St. Mary Parish.

    Effective on: 11/1/2013

    Sec. 8.3.1 Conflicting Provisions

  • In their interpretation and application, the provisions of this UDC shall be held to be minimum requirements (including cases where minimum requirements are stated as a maximum standard) adopted for the promotion of public health, safety and general welfare.
  • In accordance with Louisiana Revised Statute 33:4780.49, Conflicting Regulations; Higher Standards to Apply, as amended, whenever the regulations made under the authority of this UDC impose higher standards than are required in any other statute or local ordinance or regulation, the provisions of this UDC shall govern. Whenever the provisions of any other statute, local ordinance or regulation impose higher standards than are required by this UDC, the provisions of such statute, local ordinance or regulation shall govern.
  • The provisions of these restrictions are not intended to restrict, conflict with, interfere with, or supersede the powers of the state through its agencies to regulate, permit, or enforce environmental laws and regulations nor are they intended to restrict, conflict with, interfere with, or supersede activities operating in accordance with authorized state of federal permits, laws, or regulations.
  • The provisions of this UDC are not intended to abrogate any covenants, conditions, or restrictions, servitude or any other private agreement or restriction on the use of land. Provided that where the provisions of this UDC are more restrictive or impose higher standards than a private restriction, the requirements of this UDC shall control. Private restrictions shall not be enforced by the Parish.

    • Effective on: 11/1/2013

    Sec. 8.3.2 Transitional Provisions

    Nothing in this UDC shall require any change in plans, construction, size or designated use of any building, structure or part thereof that has been granted a building permit prior to the effective date of this UDC, or any amendment to this UDC, provided construction shall begin consistent with the terms and conditions of the building permit and proceed to completion in a timely manner.

    Effective on: 11/1/2013

    Sec. 8.3.3 Severability

    If any Chapter, Division, Section, subsection, paragraph, subdivision, clause, phrase or provision of this UDC shall be adjudged invalid, or held unconstitutional, the same shall not affect the validity of the UDC as a whole or any part of provisions thereof, other than the part so decided to be invalid or unconstitutional.

    Effective on: 11/1/2013