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St Mary Parish City Zoning Code

CHAPTER 5

Permits and Procedures

Sec. 5.1.1 Purpose of Chapter

The purpose of this Chapter is to set out the Parish's development approval procedures in one place, and to standardize them to the maximum practicable degree.

Effective on: 11/1/2013

Sec. 5.1.2 Application of Chapter

  • Generally. All procedures for obtaining approvals pursuant to this UDC, and for appealing decisions of the Parish Staff or Planning and Zoning Commission, are set out in this Chapter.
  • General Procedures for All Applications. Set out in Division 5.2, General Procedures for All Applications, are the minimum application requirements for all applications.
  • Procedures for Administrative Approvals. Set out in Division 5.3, Procedures for Administrative Approvals, are the criteria for the issuance of administrative approvals.
  • Procedures for Public Hearings. Set out in Division 5.4, Procedures for Public Hearing Permits, are the criteria for the issuance of public hearing approvals.
  • Standardized Development Approval Procedures. Set out in Division 5.5, Standardized Development Approval Procedures, is the standard procedural framework for considering and deciding applications for development approval.

    • Effective on: 11/1/2013

    Sec. 5.2.1 Minimum Application Requirements

  • Generally. Every official and employee of the Parish vested with the duty or authority to issue a permit or license shall not issue a permit or license for any use, building, or purpose that conflicts with any provision of this UDC. Any permit or license or certificate issued in conflict with the provisions of this UDC shall be null and void.
  • Minimum Application Requirements. The following are required for all administrative and public hearing applications, or any other application, submitted to the Department.
    1. Form. All applications for public hearing approvals (e.g., rezonings) or administrative approvals (e.g., permits) shall be on a form prepared by the Director. The Director shall have the authority to request any other pertinent information required to ensure compliance with this UDC.
    2. Fees. Applications shall not be processed until the established fee has been paid.
    3. Deadlines. All applications shall be completed and submitted to the Director in accordance with a schedule established by the Director.
    4. Completeness. An application shall be considered submitted only after the Director has determined it is complete, per Section 5.2.2, Application Completeness Review.

    • Effective on: 11/1/2013

    Sec. 5.2.2 Application Completeness Review

  • Generally. All permit and approval applications shall be reviewed for completeness by the Director, or other responsible official.
    1. Applications with Submittal Deadlines. For all permit and approval application types that have an established submittal deadline, the application completeness review shall be complete no later than five business days after the specified submittal deadline.
    2. Applications without Submittal Deadlines. For all permit and approval application types that do not have an established submittal deadline, the application completeness review shall be complete no later than five business days from the date the application is submitted.
  • Incomplete Applications.
    1. Incomplete applications shall be returned to the applicant, along with any fee included with the application, with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.
    2. An application that does not include the applicable processing fee shall not be considered complete.
    3. Incomplete applications are not considered filed.
  • Complete Applications. Complete applications shall be processed according to the applicable procedures of this Chapter.
  • Waiver of Application Requirements. The Director may waive application requirements, except application fees, if it is obvious that they do not relate to the processing of the specific application for which the waiver is requested.

    • Effective on: 11/1/2013

    Sec. 5.2.3 Fees

  • Generally. The Parish Council shall, from time to time, establish fees by resolution for the processing and review of the various applications that are required by this UDC. The fees shall be reasonable and are intended to help defray the actual cost of processing the application. The Parish Council may provide for a flat fee, plus require the reimbursement of extraordinary costs to the Parish that are necessitated by an application, such as fees for expert technical review or advice from consultants.
  • Published. All fees shall be published in a manner that is readily available to the general public.
  • Relationship to application. No application shall be eligible to be determined complete until all application fees are paid in full.
  • No refunds. Once an application has been reviewed and determined complete, pursuant to Section 5.2.2, Application Completeness Review, the fee is non-refundable.

    • Effective on: 11/1/2013

    Sec. 5.3.1 Floodplain Permit Procedures

  • Generally. A development permit shall be required to ensure conformance with the provisions of Division 3.8, Floodplain Management and Flood Protection. The procedures as set out in this Section shall be followed for a development permit.
  • Application Requirements. Application for a development permit shall be presented to the floodplain administrator on forms furnished by him and may include but not be limited to plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
    1. Elevation, in relation to mean sea level, of the lowest floor, including the basement, of all new and substantially improved structures;
    2. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
    3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 3.8.5C., Nonresidential Construction;
    4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and
    5. Maintain a record of all such information in accordance with Section 4.6.2B.1., Duties and Responsibilities of the Floodplain Administrator.
  • Standards for Issuance. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of Division 3.8, Floodplain Management and Flood Protection, and the following relevant factors:
    1. The danger of life and property due to flooding or erosion damage;
    2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
    3. The danger that materials may be swept onto other lands to the injury of others;
    4. The compatibility of the proposed use with existing and anticipated development;
    5. The safety of access to the property in times of flood for ordinary and emergency vehicles;
    6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical and water systems;
    7. The expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters and the effects of wave action, if applicable, expected at the site;
    8. The necessity to the facility of a waterfront location, where applicable;
    9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
    10. The relationship of the proposed use to the Comprehensive Plan for that area.

    • Effective on: 2/4/2014

    Sec. 5.4.1 Required Public Notice

  • Generally. Public notice, if required, shall be provided in accordance with the requirements of this Section. The content of notices shall be according to the policies adopted by the Parish Council.
    1. Published Notice. A distinctive advertisement (public hearing notice) shall be placed by the Director notifying the public of the time and place of the public hearing held by the Planning and Zoning Commission or Board of Adjustment at which parties in interest have an opportunity to be heard. The advertisement shall be published once a week in three different weeks in the official journal or in a daily newspaper in general circulation in the geographical area of the Parish in which the parties have an interest of the Parish, and at least 10 days shall elapse between the first publication and the date of the public hearing.
    2. Mailed Notice. Before the 10th day before the date of the public hearing, written notice of the time and place of a public hearing for a change in district boundary shall be sent by the applicant to each owner, as indicated by the most recently approved tax roll, of real property within 200 feet of the property on which a change in classification is proposed. The mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing. When notice has been properly addressed and mailed by the applicant, failure to receive mailed notice shall not invalidate any action taken on the application. Prior to the public hearing, the applicant shall file with the Director the returned receipts from the certified mailings and an affidavit stating the names and addresses of the persons to who notice was sent; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.
    3. Sign Posting. Notice of required public hearings on landowner applications for a rezoning, a specific use, or a variance shall also be provided by way of a sign posted at least 10 days before the date of the public hearing on the land that is the subject of the application. One sign shall be posted by the applicant for each 200 feet of frontage along a public street, with a maximum of three signs required per frontage. The size of the sign shall be a 2 foot by 3 foot white sign with black lettering with the minimum size letter being two inches. Signs shall be located so that the lettering is visible from the street. Where land does not have frontage on a public street, signs shall be posted on the nearest public street with a notation indicating the location of the land subject to the application. The sign shall be furnished by the applicant, and the applicant shall maintain the sign for at least 10 days immediately preceding the date of the public hearing. The applicant shall file an affidavit, on a form provided by the Director, with the Director at the time of the public hearing verifying that the sign was posted as required by this Section.
  • Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or location map that are not substantial with respect to the general location of the property, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct Parish staff to make a formal finding as to whether there was substantial compliance with the notice requirements of this UDC, and such finding shall be made available to the decision-making body at the same meeting or prior to final action on the request.

    • Effective on: 11/1/2013

    Sec. 5.4.2 Rezonings (Zoning Map Amendments)

  • Generally. For the purpose of establishing and maintaining sound, stable, and desirable development within the Parish, the official zoning district map shall be amended only based upon changed or changing conditions in a particular area or in the Parish generally, or to rezone an area or extend the boundary of an existing zoning district. All amendments shall be in accordance with the Comprehensive Plan.
  • Initiation of Rezoning. A rezoning may be initiated by:
    1. Parish Council on its own motion;
    2. Planning and Zoning Commission;
    3. Director; or
    4. Application.
  • Application Requirements. A complete application for a rezoning shall be submitted to the Director as established by Division 5.2, General Procedures for All Applications.
  • Approval Process.
    1. Pre-Application Meeting (optional). Prior to the submission of an application, an applicant may request a pre-application meeting with the Director to question the application procedures, standards or regulations.
    2. Staff Report. Once the rezoning application is complete, the Director shall review the proposed rezoning in light of the Comprehensive Plan, subject to the criteria enumerated in this UDC, and give a report to the Planning and Zoning Commission on the date of the scheduled public hearing.
    3. Referral to Planning and Zoning Commission. The Director shall refer the application to the Planning and Zoning Commission for study, hearing and report. The Parish Council may not enact the proposed rezoning until the Planning and Zoning Commission makes its final report.
    4. Planning and Zoning Commission Consideration. The Planning and Zoning Commission may give consideration to the following criteria, to the extent pertinent to the rezoning request. In addition, other factors may be considered which may be relevant to the application.
      1. Conformance of the requested use with the Comprehensive Plan.
      2. Conformance of the requested use with the Future Land Use Map of the Comprehensive Plan.
      3. Conformance of the requested use with the other Parish policies.
      4. The character of the surrounding area and, in the case of requests for non-residential uses, the proximity of the requested use to residential areas.
      5. The zoning and use of nearby properties, and the extent to which the requested use would be compatible.
      6. The suitability of the property for the requested use in the proposed zoning district.
      7. The extent to which approval of the requested use would detrimentally affect nearby and adjacent properties.
      8. The extent to which the requested use would affect the capacity or safety of that portion of the street network, other public facilities or utilities, or present public safety concerns in the vicinity of the property.
      9. The required utilities and other required public facilities are in place or committed that will provide an acceptable and appropriate level of service for development under the requested zoning classification;
      10. The rezoning does not result in a constrained parcel with respect to resource protection or bufferyards (See Section 3.11.1, Bufferyard Requirements);
      11. The rezoning would not cause untimely urban sprawl;
      12. The rezoning would not cause material degradation of the quality of life of residential neighborhoods; including but not limited to such factors as:
        1. The creation of material new demand for heavy truck traffic through the neighborhoods;
        2. The functional failure (degradation to Level of Service F) of any intersections within 1,320 feet of the entrances to the parcel for which rezoning is requested; or
        3. The introduction of uses that are prone to be nuisances when located near residential areas if insufficient spacing or room for buffering is available.
      13. The extent to which approval of the requested use would harm the value and enjoyment of nearby properties.
    5. Planning and Zoning Commission Public Hearing. A public hearing, subject to the provisions of this UDC, shall be held at which time the parties in interest have an opportunity to be heard. At the public hearing the Planning and Zoning Commission shall consider the application, the relevant supporting materials, and all comments and written materials submitted.
    6. Planning and Zoning Commission Final Report. After the public hearing, the Planning and Zoning Commission shall adopt and transmit a final report to the Parish Council recommending approval or denial of the request. A tie vote on a request for a rezoning is deemed to be a recommendation for denial.
    7. Effect of Protest. In case a protest against any proposed amendment to this UDC is presented in writing to the Chief Administrative Officer prior to the public hearing thereon duly signed and acknowledged by the owners of 20 percent or more either of the areas of land (exclusive or streets and alleys) included in the proposed change, or within an area determined by lines drawn parallel to and 200 feet distant from the boundaries of the district proposed to be changed, the rezoning shall not become effective except by the favorable vote of a majority of the members of the Parish Council.
    8. Parish Council Public Hearing. The Parish Council shall hold a public hearing and approve, approve with modifications, or disapprove the rezoning application using the same decision-making criteria as set for in subsection D.4 above.
    9. Limitation on Re-application. If a rezoning is denied by either the Planning and Zoning Commission or the Parish Council, another petition for reclassification of the same property or any portion thereof shall not be filed within a period of 180 days from the date of final denial, except with permission of the Planning and Zoning Commission or Parish Council.
    10. Conditions of Approval. A request for rezoning may be conditioned upon adherence to a site plan submitted by the applicant, which may limit the uses that are permitted on site. The site plan may be processed concurrently with the rezoning request.

    • Effective on: 11/1/2013

    Sec. 5.4.3 Specific Use Permits

  • Generally. Certain uses of land, buildings or structures may not be appropriate under all circumstances in any given zoning district, but may be appropriate where adequate precautions can be taken to assure compatibility with surrounding uses, public need, and the orderly development of the Parish as a whole. It is the intent of this Section to allow for such uses by granting a specific use. The Parish Council, after receiving the findings and recommendations of the Planning and Zoning Commission, may by ordinance, grant a specific use for the following uses, in locations and zoning districts where they are not otherwise permitted by this UDC, and may impose appropriate conditions and safeguards to protect private property interests and values.
  • Uses Requiring a Specific Use. Permission shall be granted by the Parish Council for placing a specific use within the Parish. Specific uses listed in Table 1.3.2, Residential, Home, and Institutional Uses, Table 1.3.3, Commercial, Recreation and Amusement Uses, and Table 1.3.4, Industrial, Agricultural, and Special Uses, may be permitted, subject to Parish Council review and consideration, within the district(s) specified.
  • Initiation of Specific Use Permit. An application for a specific use may be initiated by:
    1. Parish Council on its own motion;
    2. Director; or
    3. Application.
  • Approval Process.
    1. Staff Report. Once the specific use application is complete, the Director shall review the proposed specific use in light of the Comprehensive Plan, subject to the criteria enumerated in this UDC, and give a report to the Planning and Zoning Commission on the date of the scheduled public hearing.
    2. Referral to Planning and Zoning Commission. The Director shall refer the application to the Planning and Zoning Commission for study, hearing and report.
    3. Criteria for Consideration of Specific Uses. In considering an application for a specific use, the Planning and Zoning Commission and Parish Council shall hold public hearings as with any amendment request and consider the criteria stated below, but shall not be precluded from consideration of other factors that may be relevant to a particular application. The criteria to be used in determining the suitability and appropriateness of a specific use request are as follows:
      1. Conformance of the specific use with the Comprehensive Plan.
      2. The character of the surrounding area and the proximity of the requested specific use to residential areas.
      3. The zoning and use of nearby properties, and the extent to which the requested specific use would be compatible.
      4. The suitability of the property for the requested specific use in the proposed zoning district.
      5. The extent to which approval of the specific use would detrimentally affect nearby and adjacent properties.
      6. The extent to which the requested specific use would affect the capacity or safety of that portion of the street network, other public facilities or utilities, or present public safety concerns in the vicinity of the property.
      7. The extent to which approval of the specific use would harm the value and enjoyment of nearby properties.
    4. Planning and Zoning Commission Public Hearing. A public hearing, subject to the provisions of this UDC, shall be held at which time the parties in interest have an opportunity to be heard. At the public hearing the Planning and Zoning Commission shall consider the application, the relevant supporting materials, and all comments and written materials submitted.
    5. Planning and Zoning Commission Final Report. After the public hearing, the Planning and Zoning Commission shall adopt and transmit a final report to the Parish Council recommending approval or denial of the request. A tie vote on a request for a specific use is deemed to be a recommendation for denial.
    6. Parish Council Public Hearing. The Parish Council shall hold a public hearing and approve, approve with modifications, or disapprove the specific use application upon an adoption of an Ordinance.
  • Decisions are Not Precedent Setting. The approval of a specific use shall not be construed as a precedent for any subsequent specific use request. Each specific use request shall be considered on its merits and with regard to its specific location, the adjacent land uses, and such other factors as may be relevant to a particular application, as noted above.
  • Time Limits. Use of property permitted by a specific use must commence within one year from the date of approval, unless extended by action of the Parish Council. Commencement of a specific use occurs upon the issuance of a building permit. A specific use request may be extended one time, not to exceed a period of six months. The extension shall be requested prior to the expiration of the specific use commencement period. The Director shall review a requested time extension to determine if any modifications have been made to the site, and if changes have occurred to the zoning regulations that would affect the extension request. The extension may be approved by Parish Council, subject to conditions, if any.

    • Effective on: 11/1/2013

    Sec. 5.4.4 Variances

  • Generally. The Board of Adjustment shall have jurisdiction to hear requests for a variance from the terms of this UDC. The Board of Adjustment shall be authorized to grant a variance from the terms hereof if, and only if, they find that the strict enforcement of this UDC would create a substantial hardship to the applicant by virtue of unique special conditions not generally found within the Parish, and that the granting of the variance would preserve the spirit and intent of the UDC, and would serve the general interests of the public and the applicant. Variances may be granted only when in harmony with the general purpose and intent of this UDC so that public health, safety, and welfare may be secured and substantial justice done.
  • Initiation of Variance. An application for a variance may be initiated by:
    1. Parish Council on its own motion;
    2. Director; or
    3. Application.
  • Types of Variances Allowed. The following details the exceptions and limitations to the authority of the Board of Adjustment.
    1. Exceptions. Some variances are not within the jurisdiction of the Board of Adjustment, and are therefore not subject to this Section. These variances are:
      1. Variances from the terms of one or more conditions of approval imposed by an administrative body described in Chapter 4, Administrative Bodies. Modifications to conditions of approval shall be sought from the body that granted the approval.
      2. Variances that would have the effect of make existing nonconforming or illegal construction (i.e., buildings and structures), site improvements, parking, or landscaping conforming. Nonconforming situations are subject to the requirements of Chapter 6, Nonconformities.
      3. Variances shall not be used to allow a use in a zoning district in which the use is prohibited (i.e., variances to Division 1.3, Permitted; Limited; Specific; and Prohibited Uses).
    2. Limitations.
      1. Variances shall not be used to reduce spacing requirements for limited uses, which may be set out in Division 1.4, Limited and Specific Use Standards.
      2. Variances shall not be used to modify any requirements that are set out in Division 1.4, Limited and Specific Use Standards, with respect to an application for specific use approval.
      3. State and / or federal laws and / or regulations may not be varied by the Parish unless such authority is expressly granted to the Parish.
      4. Variances shall not be used to grant a variance the effect of which would be any of the following:
        1. To increase the density of a use above that permitted by the applicable district;
        2. To extend physically a nonconforming use of land; or
        3. To change the zoning district boundaries shown on the official zoning district map.
  • Application Requirements. A complete application for a variance shall be submitted to the Director as established by Division 5.2, General Procedures for All Applications.
  • Approval Process.
    1. Staff Report. Once the variance application is complete, the Director shall review the variance in light of this UDC and give a report to the Board of Adjustment on the date of the scheduled public hearing.
    2. Referral to Board of Adjustment. The Director shall refer the application to the Board of Adjustment for study, hearing and report.
    3. Board of Adjustment Consideration. The Board of Adjustment may give consideration to the following criteria, to the extent pertinent to the variance request. In addition, other factors may be considered which may be relevant to the application. To approve an application for a variance, the Board of Adjustment shall make an affirmative finding that each of the following criteria are met:
      1. Special circumstances exist that are peculiar to the land or structure.
      2. These special circumstances are not self-imposed or the result of the actions of the applicant.
      3. Literal interpretation and enforcement of the terms and provisions of this UDC would cause an unnecessary and undue hardship.
      4. Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this UDC and would result in substantial justice.
      5. Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought.
      6. The variance will not adversely affect the health, safety or welfare of the public.
    4. Variance Review. Upon completion of the public hearing and after review of the variance application subject to the criteria listed in subsection E.3., the Board of Adjustment shall make a written finding and give its approval; approval with limitations; or disapproval of the variance.
    5. Written Decision. If approval or approval with limitations is granted, the decision shall be communicated in writing to the applicant within 15 days from the decision.

    • Effective on: 11/1/2013

    Sec. 5.4.5 Appeals of Administrative Decisions

  • Generally. As specified in R.S. 33:4727, Board of adjustment; membership; powers and procedures; appeals from decisions, appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the Parish affected by any decision of the Director.
  • Initiation of an Appeal. An appeal shall be taken within 30 days, as provided by the rules of the Board of Adjustment.
  • Application Requirements. A complete application for an appeal shall be submitted to the Director as established by Division 5.2, General Procedures for All Applications.
  • Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
  • Approval Process.
    1. Staff Report. Once the appeal application is complete, the Director shall give a report to the Board of Adjustment on the date of the scheduled public hearing. The Director shall refer the application to the Board of Adjustment for study, hearing and report.
    2. Referral to Board of Adjustment. The Board of Adjustment shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney.
    3. Board of Adjustment Consideration. The Board of Adjustment shall decide the appeal within a reasonable time and shall apply the following standards in deciding the appeal:
      1. That there is a reasonable difference of interpretation as to the specific intent of the UDC or official zoning district map.
      2. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated.
      3. The decision of the Board of Adjustment must be such as will be in the best interest of the Parish and consistent with the spirit and intent of this UDC. An appeal that involves an interpretation of a term contained in this UDC, and that is decided contrary to the Director's decision, shall be kept on file with the Director and shall constitute the official meaning of the term until such may be amended by the Parish Council.
    4. Board of Adjustment Public Hearing. In exercising its authority under this UDC, the Board of Adjustment may reverse or affirm, in whole or in part, or modify any order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and for that purpose the Board of Adjustment has all the powers of the Director from whom the appeal is taken.

    • Effective on: 11/1/2013

    Sec. 5.4.6 Airport Variances

  • Generally. Any person desiring to erect or increase the height of any structure, permit the growth of any tree, or use his property not in accordance with the regulations prescribed in Division 1.5, Airport Zoning, may apply to the Airport Board of Appeals, which shall be the Parish Council, for a variance from such regulations.
  • Application. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposal upon the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for variance from the requirements of this Division 1.5, Airport Zoning, may be considered by the Airport Board of Appeals unless a copy of the application has been furnished to the assistant secretary, office of aviation, department of transportation and development for advice as to the aeronautical effects of the variance. If the assistant secretary does not respond to the application within 15 days after receipt, the Airport Board of Appeals may act on its own to grant or deny such application.
  • Decision Criteria. Such variances shall be allowed where it is duly found that:
    1. a literal application or enforcement of the regulations would result in unnecessary hardship, and
    2. relief granted would not be contrary to the public interest, would not create a hazard to air navigation, but will do substantial justice and be in accordance with the spirit of Division 1.5, Airport Zoning.

    • Effective on: 3/12/2014

    Sec. 5.4.7 Airport Appeals

  • Who May Appeal. Any person aggrieved or any taxpayer affected by any decision made in the administration of Division 1.5, Airport Zoning, may appeal to the Airport Board of Appeals, which shall be the Parish Council.
  • Application Requirements; Procedures. All appeals pursuant to the provisions of Division 1.5, Airport Zoning, must be taken within a reasonable time, as provided by the rules of the Airport Board of Appeals, by filing with the Chief Administrative Officer a notice of appeal specifying the grounds thereof. The Chief Administrative Officer shall forthwith transmit to the Airport Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
  • Stay of Proceedings. An appeal shall stay all proceedings in the furtherance of the action appealed from unless the president of the Parish Council certifies to the Airport Board of Appeals, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the president's opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed except by order of the Airport Board of Appeals on notice to the president, and on due cause shown.
  • Timeframe. The Airport Board of Appeals shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.
  • Decision. The Airport Board of Appeals may, in conformity with the provisions of Division 1.5, Airport Zoning, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination as may be appropriate under the circumstances.
  • Judicial Review. Any person aggrieved, or any taxpayer affected by any decision of the Airport Board of Appeals, may appeal to the district court of the parish having jurisdiction as provided in section 8 of Act 118 of the Public Laws of the state enacted by the 1944 session of the legislature.

    • Effective on: 3/12/2014

    Sec. 5.4.8 Floodplain Variances

  • Generally. The Parish Council shall hear and render judgment on requests for variances from the requirements of Division 3.8, Floodplain Management and Flood Protection.
  • Procedures.
    1. The Parish Council shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of Division 3.8, Floodplain Management and Flood Protection.
    2. Any person or persons aggrieved by the decision of the Parish Council may appeal such decision in the courts of competent jurisdiction.
    3. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
    4. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in Division 3.8, Floodplain Management and Flood Protection.
    5. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section 5.3.1, Floodplain Permit Procedures, have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
    6. Upon consideration of the factors noted above and the intent of Division 3.8, Floodplain Management and Flood Protection, the Parish Council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of Division 3.8, Floodplain Management and Flood Protection.
    7. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
    8. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
  • Prerequisites for Granting Variances:
    1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
    2. Variances shall only be issued upon:
      1. Showing a good and sufficient cause;
      2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
      3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
    3. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
  • Variances may be issued by the Parish Council for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
    1. The criteria outlined in subsections A. and B.1. through 8. of this Section are met; and
    2. The structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

    • Effective on: 2/4/2014

    Sec. 5.4.9 Text Amendments

  • Generally. For the purpose of establishing and maintaining sound, stable, and desirable development within the Parish, the text of this UDC shall not be amended except to correct errors in the text, because of changed or changing conditions in a particular area or in the Parish generally or to change the regulations and restrictions of this UDC. All text amendments shall be in accordance with the Comprehensive Plan.
  • Initiation of Text Amendment. An amendment to the text of this UDC may be initiated by:
    1. Parish Council on its own motion;
    2. Planning and Zoning Commission;
    3. Director; or
    4. Application.
  • Application Requirements. A complete application for a text amendment shall be submitted to the Director as established by Division 5.2, General Procedures for All Applications.
  • Approval Process.
    1. Staff Report. Once the amendment application is complete, the Director shall review the proposed text amendment in light of the Comprehensive Plan and give a report to the Planning and Zoning Commission on the date of the scheduled public hearing.
    2. Referral to Planning and Zoning Commission. The Director shall refer the application to the Planning and Zoning Commission for study, hearing and report. The Parish Council may not enact the proposed text amendment until the Planning and Zoning Commission makes its final report.
    3. Planning and Zoning Commission Public Hearing. A public hearing, subject to the provisions of this UDC, shall be held at which time the parties in interest have an opportunity to be heard. At the public hearing the Planning and Zoning Commission shall consider the application, the relevant supporting materials, and all comments and written materials submitted. The criteria to be used in determining the suitability and appropriateness of a text amendment are as follows:
      1. The proposed amendment will help to implement the adopted Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Plan when compared to the existing UDC.
      2. The proposed amendment is consistent with the stated purposes of this UDC.
      3. The proposed amendment will maintain or advance the public health, safety or general welfare.
      4. The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
      5. The proposed amendment will advance the strategic objectives of the Parish Council, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated Parish objectives.
    4. Planning and Zoning Commission Final Report. After the public hearing, the Planning and Zoning Commission shall adopt and transmit a final report to the Parish Council recommending approval or denial of the request. A tie vote on a request for a text amendment is deemed to be a recommendation for denial.
    5. Parish Council Public Hearing. The Parish Council shall hold a public hearing and approve, approve with modifications, or disapprove the application to amend the text of this UDC.

    • Effective on: 11/1/2013

    Sec. 5.4.10 Pattern Book Approvals

  • Generally. The pattern book is a design guide for a specific development. It is submitted by the applicant to address the design of individual buildings or dwellings. The pattern book ensures that the development will be attractive and harmonious. The pattern book:
    1. Provides a palette of development styles and materials (as such, it addresses the design elements not the use or intensity of development);
    2. Provides details of streetscape design and landscaping; and
    3. May provide for specific modifications of the requirements of this UDC in order to ensure that the development is a cohesive whole.
  • Application.
    1. An application for Pattern Book approval shall accompany all applications for approval of a Traditional Neighborhood Development, and any application for approval of a mixed-housing neighborhood which also seeks to deviate from minimum lot size, lot averaging, lot width, or setback requirements.
    2. The Pattern Book shall include the following elements:
      1. A description of each type of housing that is proposed.
      2. Standards for lot dimensions for each type of housing, expressed either as lot width and lot depth or lot width and lot area. Such standards may be expressed as averages.
      3. Standards for setbacks or build-to lines for front, street side, interior side, and rear lot lines, which may be different for principal buildings and accessory buildings. Such standards may be presented in tabular or illustrated format.
      4. Standards for yards or courtyards, if different from areas between required setback lines and lot lines.
      5. Standards for the design of each type of building (residential, nonresidential, and mixed-use) that is proposed in the development, which shall include:
        1. Architectural style / typology;
        2. Typical architectural elements for each style / typology; and
        3. Typical building materials for each style / typology.
      6. A collection of illustrative elevations for each architectural style / typology, with standards that will ensure diversity of architectural presentation; or a collection of proposed elevations for each architectural style / typology, which demonstrates diversity of architectural presentation.
      7. Standards for fences and garden walls, if different from those set out in Section 2.2.2, Fences.
      8. Standards for accessory buildings, if different from those set out in Section 1.6.2, Residential Accessory Uses, Buildings, and Structures.
  • Decision Criteria. Upon recommendation by the Planning and Zoning Commission, the Parish Council shall review the pattern book to ensure that it will accomplish the following objectives:
    1. Limitations on Modulation. Pattern books may modulate residential development standards if the modulations occur in the following ranges:
      1. Front setbacks (or build-to lines) are in the following ranges:
        1. Center Subdistrict: 0 ft. to 8 ft.
        2. General Subdistrict: 0 ft. to 15 ft.
        3. Edge Subdistrict: 10 ft. or more
      2. Side setbacks shall comply with applicable fire codes.
    2. Harmony. The municipality, neighborhood, and development should be harmonious. Harmony is defined as the middle, or balance, of two continuums, both of which have ends that, at their extremes, are unattractive. The balance shall be struck between:
      1. Monotony and chaos; and
      2. Unity and interest.
    3. Quality. Quality not only refers to the materials and care with which a building or environment is built, but also to its visual richness (e.g., details that are attractive to the resident or visitor). In order to ensure visual interest, the pattern book shall demonstrate the following:
      1. Single-Family homes (attached or detached) are designed to provide a unit that has a unified appearance from the street with any street façade (front façade and street side façade), having comparable treatment in materials, color, and trim.
      2. If masonry is used on a front façade, it is also applied to side facades in one or more of the following ways:
        1. Masonry returns to a break in the side façade, such as a chimney, room projection, or projecting window area;
        2. An architectural return is applied to all corners so that the greater of ten percent of the length of the side building wall or three feet is finished with masonry to the same height as the front facade;
        3. Quoins are used, if consistent with the architectural typology of the building;
        4. An architectural detail with a minimum width of 16 inches is applied, such as a pilaster that caps the masonry and the other material that completes the corner; or
        5. A wing wall screens the view of the side of the building from the street.
      3. Detached single-family homes will be articulated and detailed, and shall avoid undue imposition of building mass on the street.
      4. There should be some detailing or doors, windows and their trim that carries around the buildings sides so that even if the trim is plainer, they show a relationship to the general style and character of the front.
      5. Front porches will be provided on all detached housing types within 1,320 feet along street centerlines from the Center subdistrict, and may be provided elsewhere and on other housing types.
      6. Balconies will be provided on all multistory townhomes and multistory multiple-family buildings.
      7. Utility meters shall not be on front or side elevations unless screened by vegetation or other approved screening.
    4. Diversity. The pattern book shall demonstrate that one or more of the techniques below will be used to achieve harmony (the pattern book is not required to include all of these elements):
      1. Varied Housing Types at a Fine-Grained Scale. Multiple housing types are required, yet this requirement could result in areas or “pods” of each type, which has the potential to lead to monotony. Mixing types on a smaller scale, even having differing dwelling unit types in a block face, is a technique to reduce monotony and add interest.
      2. Varied Architectural Styles. Different architectural styles (e.g., Colonial Revival and Neoclassical) can be used to vary the appearance of buildings with comparable floor plans. The variations in architectural styles must be meaningful, but must not create a chaotic appearance. For this technique to be reviewed, a number of elements, including roof type and orientation, roof pitch, eve overhangs, windows, doors, decorative elements shall be specified for each architectural style that will be used in the TND. The reference for architectural style may be A Field Guide to American Houses by Virginia and Lee McAlester, et al. (Knopf 1984).
      3. Varied Floor Plans. If floor plans are meaningfully different, homes will look different. If floor plans are not meaningfully different, homes will often look monotonous. The differences in floor plans must significantly alter the width and shape in order to present a building volume or mass that is different. Such differences include, but are not limited to:
        1. Minimum of 10 percent difference in front façade width; or
        2. Different forms (rectangle, L, or X shapes), if the differences affect the front façade; or
        3. Different numbers of stories; or
        4. Different symmetry (symmetrical or asymmetrical).
      4. Varied Gable Orientation. In many cases, a front or side gable roof can be constructed over the same floor plan. This change significantly alters the roof profile of the house, its front elevation massing, and may also alter the height of the roof peak.
      5. Varied Elements. The pattern book may demonstrate that architectural elements will be varied in a way that creates meaningful differences in building appearance. Such details may include trims, materials, color, window arrangement (grouping), window fenestration, doors, door lights, window and garage doors, porches, chimneys, bay windows, towers, and balconies, as necessary to create the required variation. This technique is particularly useful when a single architectural style, or two very closely related styles (e.g., Prairie and Craftsman) are used in the development. The pattern book must include detailed elevations, lists of specific elements to be used, and an explanation of how the elements will be mixed to differentiate nearby buildings.
      6. Averaged Lot Width. Meaningful variation of lot width generally causes meaningful variations in building width and floor plan. A pattern book may show that block faces will include lots of varying widths, as follows:
        1. Three lots size categories for each type of housing are created, using a required average (e.g., 50 percent of the lots would be average, 25 percent small, and the remainder large).
        2. The difference in frontage among the lot sizes should be in the range of 10 to 20 percent. For example, an average 10,000 square foot lot that is 80 feet wide is 125 feet deep. The “small” lot could be 70 feet wide, and the “large” lot 90 feet wide. The resulting lots, all 125 feet deep, would have areas of 8,750, 10,000, and 11,250 square feet.
    5. Light and Air. The pattern of development, and the open space available on each lot and for the community are such that adequate light and air are provided for residents. Residents of the General Subdistrict and Edge Subdistrict shall have a private outdoor space that is at least 100 square feet in dimension, and which may be a rear lawn, courtyard, patio, deck, or useable rooftop area.
    6. Pedestrian-Orientation. The pattern book shall demonstrate that the residential areas of the development are designed for the comfort and convenience of the pedestrian, with continuous sidewalks; tree-lined, traffic-calmed streets; and architecture that provides street-level interest and accessibility.
  • Conditions of Approval. The Parish Council may place conditions of approval on the Pattern Book as necessary to ensure compliance with the decision criteria of subsection C., above.
  • Prohibited Issues. The Parish Council will not impose conditions on the Pattern Book that:
    1. Limit density, intensity, amount of open space, or land use in a manner that is different from the requirements of this UDC.
    2. Address the design of the development, in ways that are covered in the preliminary plat or site plan review. The pattern book approval shall defer any overall plan layout issues to be addressed in the plat approval.

    • Effective on: 3/12/2014

    Sec. 5.5.1 General Provisions

  • Generally. As a step toward sound planning in the growth of the Parish, a five-phase procedure will be followed for the purpose of approving and accepting new subdivisions and developments.
  • Submittal Requirements. All applications for plans and plats shall be submitted on a form and schedule determined by the Director. The Director may waive any specified requirements if it is obvious that they do not relate to the processing of the individual application for which the waiver is requested.
  • Survey Required.
    1. All property situated in the Parish which is hereafter divided, subdivided or partitioned to be used for commercial or industrial purposes shall, prior to such use, be surveyed by a Louisiana registered land surveyor. Such survey shall clearly delineate all corners of the property intended to be so used, with designations of Lambert Coordinates (Louisiana South Zone).
    2. All property situated in the Parish which is hereafter subdivided in accordance with the ordinances of the Parish shall, prior to the approval of such subdivisions, be surveyed by a Louisiana registered land surveyor. Such survey shall clearly delineate all corners of the property intended to be so used, with designations of Lambert Coordinates (Louisiana South Zone).
    3. All property situated in the Parish which is hereafter developed for public use by any public body of the Parish shall, prior to such development, be surveyed by a Louisiana registered land surveyor. Such survey shall clearly delineate all corners of the property intended to be so used, with designations of Lambert Coordinates (Louisiana South Zone).
    4. All urban residential property situated in the Parish, forming a part of any recognized subdivision, which is hereafter surveyed shall contain references on such survey to Lambert Coordinates (Louisiana South Zone) if National Geodetic Survey or Parish of St. Mary monuments are within a 1,500-foot radius of the property; otherwise the survey shall contain a reference to the nearest street or roadway intersection.
    5. All rural residential properties situated in the Parish, lying outside any recognized subdivision, which are hereafter surveyed shall contain references to Lambert Coordinates (Louisiana South Zone) if the properties are within a 1,500-foot radius of National Geodetic Survey or St. Mary Parish monuments. If such properties are inside a 3,000-foot radius the survey shall contain a reference to any state, Parish or municipal road intersection. If such property is outside a 3,000-foot radius, the survey shall contain a reference to at least two physical monuments such as water tower, radio tower, bridge, railroad or similar permanent structure.
    6. All such surveys shall be performed by Louisiana registered land surveyors at the cost of the land owner.
    7. All such surveys shall be filed with the assessor of the Parish once final approval has been given and said plats have been signed by the Director.
  • Change of Development to a Subdivision. Should a developer in the future decide to subdivide and sell any part of a development, he shall follow the procedure provided for new subdivision approvals.

    • Effective on: 2/4/2014

    Sec. 5.5.2 Conceptual Approval

  • Generally. The purpose of this phase is to consider and review proposed and existing land use in the area, the arrangement, location and width of existing streets, existing drainage courses and existing servitudes that may affect the proposed improvements. The conceptual approval may be waived or combined with the preliminary approval by the Director at his discretion.
  • Submittal Requirements. The subdivider/developer or his agent shall furnish to the Director all submittal information required in Division 5.2, General Procedures for all Applications.
  • Staff Review. The Director of Public Works and other staff involved in land development review process will review the conceptual master plan for compliance with this UDC and to ensure that the proposed development does not endanger the health, safety and general welfare of the Parish and will submit comments and recommendations in writing to the Director.
  • Conditional Variances.
    1. The Planning and Zoning Commission shall have the authority to grant conditional variances subject to the approval of the Parish Council in the engineering approval phase.
  • Approval Procedures.
    1. The Director may grant, in writing, conceptual approval, listing any variances conditionally given by the Planning and Zoning Commission, which will permit the subdivider/developer to proceed with the preliminary phase. The Director shall mark two copies of the conceptual master plan to accurately reflect the recommendations and/or compromises conditionally approved by the Planning and Zoning Commission in the conceptual phase. One copy shall be returned to the subdivider/developer.
    2. If a compromise is not reached between the subdivider/developer and the Planning and Zoning Commission, or the Director rejects the conceptual plan because it does not conform to this UDC, the subdivider/developer shall be required to amend or revise and resubmit this conceptual master plan.
  • Duration of Approval. If more than one year lapses between conceptual and preliminary approval, then the conceptual plan must be resubmitted for approval.

    • Effective on: 2/4/2014

    Sec. 5.5.3 Preliminary Approval

  • Generally. The purpose of this phase is to consider the subdivision/development from the point of view of layout and configuration of lots, streets, servitudes, access, internal circulation, utilities, drainage, buildings and other improvements.
  • Submittal Requirements. The subdivider/developer or his agent shall furnish the Director all submittal information required in Division 5.2, General Procedures for all Applications.
  • Public Hearing Required.
    1. A public hearing shall be called on the proposed subdivision/development prior to the granting of preliminary approval by the Planning and Zoning Commission. Mailed notice shall be sent to the property owners by the subdivider/developer per the provisions set forth in Section 5.4.1A.2., Mailed Notice. The subdivider/developer may present the conceptual plan in addition to the preliminary subdivision plan or the preliminary development plan at the public hearing. Each future addendum to the subdivision or addition to a development will require an additional public hearing, when the addendum or addition is submitted for preliminary approval.
  • Conditional Variances. The Planning and Zoning Commission shall have the authority to recommend conditional variances subject to the approval of the Parish Council in the engineering approval phase.
  • Approval Procedures.
    1. The Planning and Zoning Commission shall review the comments of public and private utilities along with the comments received at the public hearing. The subdivider/developer may wish to meet with the Planning and Zoning Commission to offer compromises after the public hearing and before the Planning and Zoning Commission reaches a decision to recommend approval or denial of the preliminary approval.
    2. The Director may grant in writing preliminary approval listing any variances conditionally recommended by the Planning and Zoning Commission and approved by the Parish Council which will permit the subdivider/developer to proceed with the engineering phase. The Director shall mark two copies of the preliminary plan to accurately reflect the recommendations and/or compromises approved by the Parish Council in the preliminary phase. One copy shall be returned to the subdivider/developer.
  • Decision. The final decision granting or denying preliminary approval shall be by the Parish Council.
  • Modifications. If the subdivider/developer makes changes in the plans after preliminary approval, he shall submit these changes to the Director prior to proceeding with the next phase. The Director will review the requested change(s) in relation to all applicable regulations. If the amendment(s) conforms to the UDC and are not in conflict with the terms and conditions set by the Planning and Zoning Commission during preliminary approval , the developer may proceed with the next phase.
  • Duration of Approval. If more than one year lapses between preliminary and engineering approval, then the preliminary plan must be resubmitted again for approval.

    • Effective on: 2/6/2014

    Sec. 5.5.4 Engineering Approval

  • Generally The purpose of this phase is to review the construction drawings and specifications of a proposed subdivision or development, the subdivision plat, and the site plan of developments, prior to construction.
  • Submittal Requirements. The subdivider/developer or his agent shall furnish the Director all submittal information required in Division 5.2, General Procedures for all Applications.
  • Staff Review.
    1. The Director of Public Works and other staff involved in the land development review process, will review the submittal information for conformance with this UDC. They shall additionally review the preliminary subdivision plat or the development site plan to determine the adequacy of all street, drainage and utility servitudes and will submit comments and recommendations in writing to the Director.
    2. The Director of Public Works shall indicate on the set of drawings to be returned to the subdivider/developer the required traffic signs as per the State of Louisiana Uniform Traffic Control Devices Manual, as amended from time to time.
    3. The Director shall review the comments of the Director of Public Works and the land development review team and allow the subdivider/developer to make revisions in the submittals prior to reaching a decision to grant or deny engineering approval.
  • Approval of Conditional Variances Required. Prior to granting engineering approval, the Director, with the assistance of the subdivider/developer, shall obtain Parish Council approval of all variances recommended through the engineering phase approval.
  • Approval Procedures.
    1. The Director may grant in writing engineering approval listing all variances granted by the Parish Council, which will permit the subdivider/developer to proceed with construction. If the Parish Council rejects the variances or the Director rejects engineering approval, the subdivider/developer shall be required to amend or revise the engineering phase submittals and reapply for engineering approval.
  • Appeal. In the event the subdivider/developer rejects any or all of the Director's recommendations and mutually acceptable compromises cannot be reached, the developer shall have the right of appeal to the Parish Council at a regular meeting.
  • Duration of Approval. If more than one year lapses between engineering approval and the commencing of construction, then the subdivider/developer must reapply for engineering approval.

    • Effective on: 11/1/2013

    Sec. 5.5.5 Final Approval

  • Generally. The purpose of this phase is to assure that the subdivision or development was constructed in accordance with the approved engineering phase submittals.
  • Submittal Requirements.
    1. The subdivider/developer or his agent shall, in writing, request a final field inspection and final approval per the submittal deadlines established by the Director.
    2. At the time of the request for final field inspection, the subdivider/developer, or his agent, shall furnish the Director all submittals information required in Division 5.2, General Procedures for all Applications.
  • Staff Review.
    1. The Director shall forward to the Director of Public Works a copy of the engineers/architects statement that he had a project representative present during at least 60 percent of the construction time and that to the best of his knowledge, the construction was completed in accordance with the approved plans and specifications, with a request that the Director of Public Works make an on-site inspection of the subdivision/development. After the inspection, the Director of Public Works shall submit to the Director a statement that to the best of his knowledge the improvements are in compliance with the approved submittals and that he recommend final acceptance to the Director.
    2. The Director shall review all submittals, and the recommendation of the Director of Public Works and other members of the land development review team, prior to reaching his decisions to grant final approval and recommending acceptance by the Parish Council.
  • Conditions to Allow Sale of Lots Prior to Approval. In the event a subdivider wishes to proceed with the sale of lots prior to 100 percent completion of the construction of the improvements, the subdivider shall:
    1. Have a construction contract with a licensed contractor.
    2. Enter into an assigned agreement wherein the developer assigns his interest in the construction agreement for the improvements to the Parish Council.
    3. File with the Director a performance bond made payable to the St. Mary Parish Council for 100 percent of the remaining construction work to be completed.
    4. Comply with all provisions of R.S. 33:5051 and all other applicable state statutes. The fulfilling of these obligations will allow the contractor to record the subdivision plat and commence the sale of lots. It will not, however, constitute acceptance of the completed facility by the Parish Council. Upon the completion of the improvements, the subdivider will apply to the Director for the acceptance phase.

    • Effective on: 11/1/2013

    Sec. 5.5.6 Acceptance

  • Generally. The purpose of this phase is to provide for the final acceptance of the improvement by the Parish Council for public use and provide for perpetual maintenance by the Parish.
  • Recommendation and Referral to Parish Council. After final approval by the Director, he will submit to the Parish Council his statement that to the best of his knowledge, the subdivision/development has been completed in accordance with this UDC and any variations granted by the Parish Council, and recommend to the Parish Council its acceptance of the improvements into the road, street, drainage and street lighting system of the Parish for perpetual maintenance by the Parish.
  • Recordation of Plat. After the Parish Council has accepted the improvements by resolution, the Director shall note the acceptance on the subdivision plat or the tract plat. The subdivider/developer may then record the plat. The recordation of the plat is the authority of the subdivider to begin the sale of lots and a prerequisite for the Director to issue to the developer the floodplain permit as specified in Section 5.3.1, Floodplain Permit Procedures. No lot may be sold, rented, or leased which is shown on a plat that has not been accepted by the Parish Council, and duly recorded with the clerk of court of St. Mary Parish.

    • Effective on: 11/1/2013

    Sec. 5.5.7 Subdivision Variances

  • Generally. A subdivider/developer may initiate variance proceedings where there may be extraordinary hardships or practical difficulties resulting from strict compliance with the UDC. The Planning and Zoning Commission may grant a conditional variance during the conceptual and preliminary phases, and may recommend to the Parish Council that a variance from this UDC be granted during the engineering approval phase; provided, such variance shall not have the effect of nullifying the general intent and purpose of this UDC and provided, further, that the Planning and Zoning Commission shall only consider and grant conditional variances in conformance with the exceptions and limitations set forth in Section 5.4.4C., Types of Variances Allowed, and shall not recommend variations unless they have made findings based upon written evidence presented by the subdivider/developer to them in each specific case utilizing the criteria established below:
  • Approval Process.
    1. Staff Report. Once the application is complete, the Director shall prepare a report for the Planning and Zoning Commission.
    2. Referral to Planning and Zoning Commission. The Director shall refer the application to the Planning and Zoning Commission for study, meeting and report.
    3. Planning and Zoning Commission Consideration. Utilizing the criteria below, the Planning and Zoning Commission, may recommend any variation from this UDC, subject to the exceptions and limitations set forth in Section 5.4.4C., Types of Variances Allowed. The Planning and Zoning Commission, through the Director, shall record fully the grounds for the variation and all of the facts upon which their decision is made.
      1. The granting of the variance will not be detrimental to the public safety, health or welfare, or be injurious to other property or improvements in the neighborhood in which the property is located;
      2. The conditions upon which the request for a variance is sought and are not applicable generally to other property;
      3. Because of the particular physical surroundings, shape or topographical condition of the specific property involved, a particular hardship (not self-imposed) to the owner would result, as distinguished from a mere inconvenience, if the strict letter of this UDC was carried out; and
      4. The variance will not in any manner alter the provisions of the land development plan or thoroughfare plan.
    4. Recommendation. Where the Planning and Zoning Commission concludes that the purpose of this UDC may be specifically served to an equal or greater extent by an alternative proposal, condition, or circumstance, they may recommend to the Parish Council that they grant variations to this UDC.
    5. Conditions. In recommending variations, the Planning and Zoning Commission may suggest such conditions as in their judgment will secure substantially the objectives, standards, and requirements of the specific UDC regulation being varied.

    • Effective on: 2/4/2014

    Sec. 5.5.8 Minor Modifications of Plats or Parcel Lines

  • Generally. Minor modifications of existing plats or parcels of land are those that involve:
    1. The realignment or shifting of lot boundary lines, including removal, addition, alignment, or shifting of interior lot boundary lines, or the redesignation of lot numbers, provided that the application meets the following requirements:
      1. It does not involve the creation of any new street or other public improvement, except as otherwise provided in this subsection D.;
      2. It does not involve more than the greater of:
        1. Two acres of land; or
        2. Ten lots of record;
      3. It does not reduce a lot size below the minimum applicable dimensional requirements for the type of development proposed; and
      4. The resulting subdivision meets all applicable requirements of this UDC; or
    2. Parcels of land where a portion has been expropriated or has been dedicated, sold, or otherwise transferred to the Parish, thereby leaving a severed portion of the original property which requires a redesignation of lot number and establishment of new lot boundary lines; or
    3. The dedication, acceptance, relocation, or deletion of public utility servitudes, other than public roads or streets, or the deletion of gas, electric, or telephone utility servitudes acquired by private act or pursuant to the provisions of R.S. 19:1 et seq. on the property being resubdivided.
  • Required Approval. Planning and Zoning Commission recommendation, followed by approval by the Parish Council.
  • Application Materials. Applications shall require, at a minimum, the following information:
    1. A copy of the existing recorded plat (for modifications of plats); or a survey of the area of a parcel to be modified, with enough detail to show the expropriated or dedicated parcel, its context with respect to the original parcel, and compliance with this UDC.
    2. A proposed plat containing the proposed parcel or lot lines, which demonstrates compliance with this UDC.
    3. For parcel modifications, a copy of the legal instrument (e.g., deed or court order) which, if applicable:
      1. Subdivided the parcel that is the subject of the application; or
      2. Deleted an existing servitude.
  • Public Improvements.
    1. Subdivisions that are approved pursuant to this Section may involve:
      1. The dedication, acceptance, relocation, or deletion of public utility servitudes, other than streets; or
      2. The deletion of gas, electric, or telephone utility servitudes acquired by private act or pursuant to the provisions of R.S. 19:1, et seq. on the property being resubdivided.
    2. No subdivision may be approved under this Section if it does not connect to a public sewer system.
  • Certifications. All plats approved or certified pursuant to this Section shall designate such fact on the plat and the plats shall be filed at the assessor of the Parish and recorded at the clerk of court of St. Mary Parish. Any plat so approved shall have the same force and effect and legal status of a standard subdivision plat.

    • Effective on: 11/1/2013

    Sec. 5.5.9 Major Modifications of Plats; Change of Subdivision Name

  • Generally. Major modifications of plats are any modifications that are not considered minor modifications under Section 5.5.8, Minor Modifications of Plats or Parcel Lines.
  • Approval Required. Planning and Zoning Commission recommendation, followed by approval by the Parish Council.
  • Application Materials for Major Modifications. Applications for a major modification shall require, at a minimum, the following information:
    1. A copy of the plat proposed to be modified;
    2. A sketch drawing that includes enough detail to show the context of the subdivision with respect to abutting property within 300 feet of any lot line;
    3. A proposed plat containing the proposed parcel or lot lines, which demonstrates compliance with this UDC;
    4. If site drainage is affected by the modification, a drainage plan.
  • Application Materials for Change of Subdivision Name. Applications for a change of subdivision name (without other modifications) shall require, at a minimum, the following information:
    1. A petition by all owners of lots in the subdivision;
    2. A copy of the revised plat, which shall be the same as the existing plat, but with the following additional text appearing on its face:
      1. "This is an existing approved subdivision that is filing for a name change only. Approved by the Planning and Zoning Commission on ____(date)_____"; and
      2. A signature line for the Parish President.

    • Effective on: 11/1/2013

    Sec. 5.5.10 Combinations

  • Generally. Combinations (except single-owner combinations, described in subsection E., below) are real estate transactions where property is split from one parcel and combined to an adjacent parcel. Combinations are a way for neighboring landowners to sell property to each other without extensive review.
  • Required Approval. Approval of the Parish Council is required.
  • Application Materials. Applications shall require, at a minimum, the following information:
    1. A copy of the proposed deed.
    2. A sketch of the property that is the subject of the transaction.
    3. A sketch of the parent tract with the property that is the subject of the transaction removed.
    4. An executed covenant, to be recorded with the deed, that requires the property that is the subject of the deed to be combined with the purchaser's property under unity of title. The original lots or parcels of land that are combined pursuant to this Section are not considered to be "lots of record," and may not be separately conveyed to third parties except pursuant to this UDC.
  • Approval Standards. The Director shall approve combinations if it is demonstrated that:
    1. The combination does not increase the lot area of a lot in a Existing Neighborhood (EN) district to more than two times the minimum lot area of the subdistrict, as set out in Section 1.7.2, General Development Standards.
    2. The property that will be retained by the seller will meet the applicable requirements of this UDC with regard to:
      1. Lot area;
      2. Lot width;
      3. Frontage;
      4. Drainage; and
      5. Access.
    3. The transaction does not convey individual water or sewerage facilities that are needed to serve the property that will be retained by the seller; and
    4. The combined parcels will have a relatively regular shape.
  • Single-Owner Combinations. Where "lots of record" (i.e., lots created by formal subdivision prior to the effective date of this UDC) are held in common as of the effective date, said lots shall be combined to create a lot that conforms to this UDC, or if the holdings are insufficient to create a conforming lot, a combined lot that is more compliant with these regulations than the two separate lots.

    • Effective on: 11/1/2013