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St Mary Parish City Zoning Code

CHAPTER 4

Administrative Bodies

Sec. 4.1.1 Purpose of Chapter

The St. Mary Parish decision-making bodies and officials described in this Chapter, without limitation upon the authority each possesses by law, have responsibility for implementing and administering this UDC in the manner described in this Chapter or allowed by law.

Effective on: 11/1/2013

Sec. 4.1.2 Application of Chapter

  • Generally. This Chapter sets out the roles and responsibilities of the Parish Council, Planning and Zoning Commission, Board of Adjustment, Airport Board of Appeals, and Parish Staff with respect to the processing and administering applications under this UDC. It lays the foundation for the procedures in Chapter 5, Permits and Procedures; and the enforcement proceedings in Chapter 7, Enforcement, Remedies, and Interpretation.
  • Application of Powers of the Parish Council. The provisions of Division 4.2, Parish Council, are intended to establish the Parish Council's role with respect to decisions about individual properties pursuant to this UDC. The Division does not restrict any other powers that are granted to the Parish Council by federal law, state statute, or other local ordinances.

    • Effective on: 11/1/2013

    Sec. 4.2.1 Parish Council

    In addition to the responsibilities and duties referenced in Article II, Parish Council, of the Charter of the Parish of St. Mary and in Chapter 2, Administration, of the St. Mary Parish Code of Ordinances, the Parish Council shall have the powers and duties to perform the following as it relates to zoning and land development within unincorporated areas of the Parish:

    1. Delegate Authority. Appoint and remove members of the Planning and Zoning Commission and Board of Adjustment or other boards or commission that may be added from time to time;
    2. Amend Regulations. Amend the zoning and land development regulations of the Parish, in accordance with state law, following consideration, public hearing and a report from the Planning and Zoning Commission;
    3. Rezone Property. Initiate, on behalf of the Parish, any amendment in the zoning classification of any land within the unincorporated portions of the Parish; and
    4. Make Decisions. Hear and decide on recommendations of the Planning and Zoning Commission or other boards and commissions, after receipt of a final report, for applications related to map (rezoning) and text amendments, and other applications related to land development in the Parish.

    Effective on: 11/1/2013

    Sec. 4.3.1 Planning and Zoning Commission

  • Established. The Planning and Zoning Commission is established in accordance with the provisions of R.S. 33-103, Planning Commission; membership; appointment, and the provisions in this Section.
  • Powers and Duties. In addition to R.S. 33:106, general powers and duties, the Commission shall perform the following functions:
    1. Hear Testimony. Hear testimony on behalf of applicants and consider the facts, findings and recommendation of the Director;
    2. Consider Public Interests. Consider the interests of the public related to the public health, safety, morals and general welfare;
    3. Determine Appropriateness. Identify the appropriateness of requested map and text amendments considering conformance with the adopted UDC, official zoning district map, and adopted St. Mary Parish Comprehensive Plan;
    4. Make Recommendations. Make recommendations to the Parish Council, in the form of a final report, related to approval or denial of an application; and,
    5. Other Powers and Duties. Perform other such duties and be vested with such powers as the Parish Council shall from time to time prescribe.

    • Effective on: 11/1/2013

    Sec. 4.4.1 Board of Adjustment

  • Established. The Board of Adjustment is established in accordance with the provisions of R.S. 33:4780.46, Board of Adjustment; Membership; Powers and Procedures; Appeals from Decisions and this Section.
  • Powers and Duties. The Board of Adjustment shall perform the following functions:
    1. Hear and Decide Appeals. Hear and decide appeals:
      1. Where it is alleged that there is error in any order, requirement, decision or determination made by the Director in the enforcement of this UDC;
      2. Of any interpretation of the text of this UDC made by the Director;
    2. Hear and Decide Variances. Authorize in specific cases such variances from the terms of this UDC as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this UDC will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done; and,
    3. Other Powers and Duties. Hear and decide all matters referred to it or upon which it is required to pass pursuant to this UDC.
  • Composition and Appointment. The Board of Adjustment shall consist of five regular members and two alternate members, all of whom shall be landowners and qualified voters of the Parish, who are appointed by a majority of the Parish Council membership. The Board of Adjustment shall elect its own chairman, who shall serve for one year, to call, conduct and preside over meetings of the Board of Adjustment. The alternate members shall serve in the absence of one or more regular members.
  • Terms and filling vacancies. The appointment of the Board of Adjustment shall serve terms as follows: 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. Of the two alternate members first appointed, one alternate member shall be appointed for a term of three years and the other for a term of two years. Alternate members shall serve only when called upon to form a quorum and when so serving shall have all powers and duties of regular members. All members shall be removable for cause by the Parish Council upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any members whose position becomes vacant.
  • Rules. The Board of Adjustment by majority vote shall adopt rules to carry out the duties conferred by this UDC , which shall not be effective until approved in writing by the Parish Council.
  • Meetings. Meetings of the Board of Adjustment shall be held at the call of the presiding officer and at other times as determined by the Board of Adjustment. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public when exercising its quasi-judicial duties and responsibilities, and in all other situations shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings that indicate the vote of each member on each question, or, if the member is absent or fails to vote, indicating the fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately with the Director and shall be public records. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board of Adjustment for the purpose.
  • Concurring Vote. The concurring vote of a majority of the members of the Board of Adjustment shall be necessary to:
    1. Reverse any order, requirement, decision, or determination of the Director;
    2. Decide in favor of an applicant on a matter upon which the Board of Adjustment is required to pass under this UDC; or
    3. Effect any variation from the terms of this UDC.

    • Effective on: 3/12/2014

    Sec. 4.5.1 Airport Board of Appeals

  • Generally. The Airport Board of Appeals is established in accordance with Louisiana R.S. 2:386, Procedure for adoption and administration of regulations; appeals. The Airport Board of Appeals is comprised of the members of the Board of Adjustment. It is appointed and conducts business in the same manner as the Board of Adjustment.
  • Powers and Duties. The following duties are assigned the Board of Adjustment. In addition to the duties normally under their purview:
    1. Hear and decide appeals from any order, requirement, decision, or determination made in the administration of the provisions set out in Division 1.5, Airport Zoning;
    2. Hear and decide special exceptions to the terms of Division 1.5, Airport Zoning, upon which the Airport Board of Appeals may be required to pass;
    3. Hear and decide specific variances as it relates to the provisions found in Division 1.5, Airport Zoning.

    • Effective on: 2/4/2014

    Sec. 4.6.1 Director

  • Generally. The Director of Planning ("Director") is a member of the Parish Staff who is ultimately responsible for processing an application to decision (in case of administrative approval) or recommendation to an another review body (in case of public hearing approvals). The Director shall designate staff members to manage applications through the review process and to be points of contact for applicants, and to perform such other functions and duties as may be required of the Director by this UDC. The Director may also designate review responsibilities to other members of the Parish Staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the Parish Council. The Director of Planning and Zoning shall be appointed by the Chief Administrative Officer, subject to approval by the President, and shall serve at the pleasure of the Chief Administrative Officer.
  • Duties and Responsibilities. For the purpose of reference, the Director has the following duties and responsibilities with respect to the administration of this UDC. Such duties may be allocated and reallocated by the Chief Administrative Officer in the exercise of the responsibilities of that office without amendment to this UDC:
    1. Processing Permits and Applications.
      1. Accept and process all submitted applications for specific uses, text amendments to this UDC, amendments to the official zoning district map (i.e., rezonings), and all other development related permits and applications in the Parish; Prepare staff comments for review by the Planning and Zoning Commission, Parish Council, the Board of Adjustment, or other board or commission as assigned;
      2. Make decisions on all matters administratively assigned in this UDC to the Director, or designee.
    2. Represent the Parish. Represent the Parish at public hearings and in other official and unofficial capacities;
    3. Maintain Records. Maintain all records, minutes and the official zoning district map, related to the enforcement and procedures of this UDC;
    4. Enforce Regulations. Serve as the enforcement officer to ensure compliance with this UDC;
    5. Serve as a Liaison. Serve as liaison between the Planning and Zoning Commission, Parish Council, and other boards and commissions as assigned; and
    6. Perform Other Duties. Perform other duties as assigned or as necessary and appropriate to uphold the provisions of this UDC.

    • Effective on: 2/4/2014

    Sec. 4.6.2 Floodplain Administrator

  • Generally. The Director is hereby appointed the floodplain administrator to administer and implement the provisions of Division 3.8, Floodplain Management and Flood Protection, and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management.
  • Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:
    1. Maintain and hold open for public inspection all records pertaining to the provisions of Division 3.8, Floodplain Management and Flood Protection, and this Section.
    2. Review permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
    3. Review, approve, or deny all applications for development permits required by adoption of Division 3.8, Floodplain Management and Flood Protection.
    4. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
    5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.
    6. Notify, in riverine situations, adjacent communities and the state coordinating agency which is the Department of Transportation and Development, Flood Plain Management Section, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
    7. Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
    8. When base flood elevation data have not been provided in accordance with Section 3.8.3, General Provisions, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source, in order to administer the provisions of Division 3.8, Floodplain Management and Flood Protection.
    9. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development, including fill, shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
    10. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones AI-30, AE, AH, on the community's FIRM which increases, the water surface elevation of the base flood by more than one foot, provided that the community first applied for a conditional FIRM revision through FEMA.

    • Effective on: 11/1/2013