(1)

Membership.

(a)

The Land Use Planning Commission of the City of Sulphur shall be appointed by the Sulphur City Council. This commission shall consist of (5) five members with each Councilman appointing (1) one person from their district. These terms shall run concurrent with the appointing Sulphur City Council member's term with a new appointment to be made following the commencement of a new term by a newly elected council member.

(2)

Chairman and Vice-Chairman.

(a)

The Chairman and Vice-Chairman shall be appointed by the Sulphur City Council.

(b)

The Land Use and Planning Commission shall cause or have a person represented to maintain all records of Commission meetings, hearings and other proceedings of the Commission.

(c)

The Chairman may appoint any committees to serve the Commission as he deems necessary.

(d)

The Chairman may take part in testimony, ask questions and take part in the discussion concerning the case at hand.

(e)

The Chairman and Vice-Chairman of the Land Use Commission shall be elected by the members of the Land Use Commission in May of each year to serve for a term of one (1) year.

(3)

Secretary/Assistant Secretary. The secretary and the assistant secretary of the Land Use and Planning commission shall be appointed by the City Council for the City of Sulphur.

(4)

Quorum and Necessary Vote. No business shall be transacted by the Commission without a quorum which shall consist of at least three (3) members, the concurring vote of at least three (3) members shall be necessary for the Commission to take any action.

(5)

Procedures.

(a)

The Commission shall hold monthly meetings. Special meetings may be called by the Chairman, or at the written request of any two (2) members of the Commission.

(b)

All meetings and hearings shall be open to the public and shall be conducted in accordance with Robert's Rules of Order and in accordance with the procedures established in Article III, Part 2 of this ordinance.

(6)

Powers and Duties. The Commission shall have the following powers and duties:

(a)

To prepare and adopt a comprehensive plan.

(b)

To annually review and update the comprehensive plan.

(c)

To prepare and revise as appropriate the Official Land use Map for the City of Sulphur.

(d)

To hear, and review and make recommendations to the City Council on proposed land use district, changes for rezoning or petitions to annex.

(e)

To initiate, hear, review and make recommendations to any amendments to the text or amendments to the map of this ordinance.

(f)

To develop guidelines for use by the public to govern the development and redevelopment of the City of Sulphur.

(g)

To review and report on any matter referred to it by the Mayor or the City Council.

(h)

To review rules of procedures which are not in conflict with the provisions of this ordinance as brought forth by administrator.

(i)

To vary or modify, upon appeal, the application of the provisions of this ordinance.

(j)

To hear, review and make recommendations to the City Council regarding special exceptions to this ordinance.

(Ord. No. 560, 1-12-04; Ord. No. 647, 1-10-05; Ord. No. 759, 2-12-07; Ord. No. 18001, 8-8-22)

Under the provisions of the Home Rule Charter of the City of Sulphur, the Land Use Administrator shall be the Director of Public Works for the City. This individual or his designee shall have the following duties:

(a)

To receive and review, or cause to have reviewed, applications for development approval;

(b)

To issue permits pursuant to the provisions of this ordinance;

(c)

To perform such duties as required by this ordinance;

(d)

To maintain the Official Land Use District Map;

(e)

To issue land use certificates and render interpretations of this ordinance as provided in the appropriate provisions.

(1)

Membership. As per Act 78 of the 2014 Louisiana Legislature, the members of the Board of Adjustments shall be the same as the City of Sulphur Land Use Commission.

(2)

Chairman and Vice-Chair. The Chairman and Vice-Chairman of the Board shall be elected by the members of the Board in May of each year to serve for a term of one (1) year. The Chair and Vice-Chair need not be the same as the Land Use Commission.

(3)

Powers and Duties. The Land Use Commission of the City of Sulphur when serving as the zoning board, shall exercise all of the powers and duties conferred by Louisiana R.S. 33:4727 and Act 78 of the 2014 LA legislature. The Commission in its capacity as the board of adjustments and appeals shall be known as the "Board of Zoning Adjustments", or "Board of Adjustments", also designated "the Board" herein.

(a)

The members of the Commission, when serving as the Board, shall exercise all of the powers and duties conferred by Louisiana R.S. 33:4727 and in accordance may determine and vary the application of these land use regulations in harmony with the general purpose and intent of the regulations and the goals and policies of the City of Sulphur comprehensive plan and in accordance with general and specific rules provided herein.

(b)

In passing upon appeals where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Land Use Ordinance.

(c)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any of the provisions of these land use regulations.

(4)

Secretary/Assistant Secretary. The secretary and the assistant secretary of the Board of Zoning Adjustment shall be appointed by the City Council for the City of Sulphur. The Board shall keep minutes of each meeting, separate from the minutes of the Land Use Commission.

(a)

The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failure to vote, indicating the fact and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be public record.

(b)

All testimony, objections thereto and rulings thereon, shall be recorded by the board.

(5)

Quorum and Necessary Vote. No business shall be transacted by the Board without a quorum which shall consist of at least three (3) members, the concurring vote of at least three (3) members shall be necessary for the Commission to take any action.

(6)

The Board of Adjustment shall become effective January 1, 2015.

(Ord. No. 1249, 10-14-14)

(1)

Application Submission Requirements.

(a)

All applications for development approval shall be submitted to the Land Use Administrator and contain the information and support data required in Appendix C. All applications shall be accompanied by a fifty dollar ($50.00) non-refundable fee.

(b)

All applications for development approval shall be submitted by the record owner (or his/her lawful and/or duly appointed agent) or the grantee of a written option to purchase of subject property and shall provide written evidence of said ownership, agency or option to purchase.

(c)

If said applicant has a pending violation(s) of this ordinance, or any ordinance of the Code of Ordinances in and for the City of Sulphur, any application for development approval shall be suspended until said violation is concluded.

(2)

Legal Notices. Upon application the Administrator shall cause to be placed in the daily journal of general circulation throughout the City of Sulphur:

(a)

The date, time and place of the hearings.

(b)

The section or sections of this ordinance of which the subject matter is being considered.

(c)

A brief description of the location of the land proposed for development.

(d)

A statement that the application and supporting materials are available at City Hall for inspection.

(e)

A statement that any person may speak or submit written statement in that regard.

(3)

City to Provide Notice.

(a)

The City shall place notice of public hearing on the subject property at least ten (10) days prior to meeting at a site conspicuous and in full view from a public right-of-way.

(b)

All notices, both signage and newspaper shall be given at least ten (10) days prior to the hearing.

(4)

Action By Decision Making Body. The final decision making body in any zoning issue shall be the Sulphur City Council.

(5)

Successive Applications.

(a)

Whenever any application for development approval is denied, an application involving the same property cannot be accepted for filing within one (1) year from the date of denial, unless the subsequent application involves a development proposal which is materially different from prior proposals or is responsive, in the opinion of the decision-making body, to negative findings set forth in the denial of the prior application.

(b)

An applicant who files an application to petition for a development approval may withdraw the application one (1) time within one (1) year from the date of the submission of the application. Any resubmittal for development approval shall be a fifty dollar ($50.00) non-refundable fee.

(Ord. No. 624, 10-12-04; Ord. No. 817, 11-13-07; Ord. No. 847, 4-14-08; Ord. No. 1232, 8-11-14; Ord. No. 1262, 11-10-14)

(1)

Authority and Purpose. In order to ensure that all proposed development, including development permitted as of right, complies with the terms of this ordinance and to provide a mechanism for rendering interpretations of the provisions of this ordinance, the Administrator is authorized to certify that a proposed development or application is in compliance with this ordinance, consequently a land use certificate may be obtained from the Administrator upon submission of the application identifying the location, character, magnitude and intent of the proposed use.

(1)

Authority and Purpose. The Land Use and Planning Commission is hereby authorized to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance.

(2)

Application and Notice of Appeal. An application and notice of appeal authorized under the provisions of this Section shall be submitted to the administrative official in accordance with the provisions of Article III, Part 2, Sections 1—3, accompanied by a fee as established by the City Council. Appeals must be submitted at least twelve (12) days prior to the next regularly scheduled meeting of the Commission.

(3)

Review. Within fifteen (15) days after receipt of a complete application, the administrative official shall complete the review of the application and at least ten (10) days prior to the next regularly scheduled meeting of the Commission send a written recommendation to the Commission, with a copy to the applicant, setting forth whether appeal should be granted or denied and the grounds for such recommendation.

(4)

Action by the Commission. The Commission shall review the application, the recommendation of the administrative official, conduct a public hearing on the application in accordance with the requirements of Article III, Part 1, Section 2, and grant the appeal, subject to specified conditions, or deny the appeal.

(5)

Planning Commission. Ruling stands unless appeal is made by either party to the City Council within ten (10) working days of ruling.

(6)

Appeal to Court. Any person aggrieved by any decision of the Planning Commission may present to the Civil District Court of the Parish of Calcasieu, within thirty (30) days after exhausting all appeals, a writ of certiorari asking for such relief and under such rules and regulations as are provided for such matters in appropriate legislation of the State of Louisiana.

(Ord. No. 602, 6-14-04; Ord. No. 1234, 8-11-14)

(1)

When Allowed. The Board of Adjustment shall have the authority to grant variances from the terms of this Ordinance, subject to terms and conditions fixed by the Board, where literal enforcement of the provisions of this Ordinance will result in practical difficulties or unnecessary hardship, if in granting such variance the general intent and purpose of this Zoning Ordinance will be preserved.

(2)

Application and Fees.

(a)

All applications for variance shall be filed in writing with the Planning and Zoning Administrator.

(3)

Review by Planning and Zoning Administrator. The Planning and Zoning Administrator may refer the application to other affected or interested agencies for review and comment.

(4)

Public Hearing and Decision by Board of Adjustment.

(a)

Following notice and a public hearing as required by Article III, Part 2, Section 1 of this Ordinance, the Board of Adjustment shall allow, allow with conditions, or deny the proposed variance request, the Board of Adjustment shall consider relevant comments of all interested parties and the review criteria in Article III, Part II, Section 4.5.

(b)

The Board may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties.

(5)

Review Criteria. No variance shall be authorized unless the Board of Adjustment finds that all of the following conditions exist:

(a)

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(6)

Appeal. A final decision by the Board of Adjustment on a variance may be appealed to the 14th Judicial District Court within thirty (30) days of the Board of Adjustment decision.

(7)

Expiration. A variance runs with the land and does not expire unless the Board of Adjustment or the 14th Judicial District Court assigns an expiration date as a condition.

(Ord. No. 567, 4-12-04; Ord. No. 911, 3-9-09; Ord. No. 1233, 8-11-14; Ord. No. 1251, 10-14-14; Ord. No. 1334, 9-14-15)

(1)

Authority and Purpose. The City Council has the authority to amend the text of this ordinance or the Official Land Use Map in light of changing conditions, rather than to relieve particular hardships or to confer special privileges. The City Council is also authorized to designate historic districts and landmarks in accordance with the provisions of this ordinance. In determining whether to amend the text of this ordinance or the Official Land Use Map the City shall consider the extent to which the amendment complies with and implements Article I of this ordinance and the purposes of the applicable land use district.

(2)

Initiation of Amendment. Amendments to the text of this ordinance or the Official Land Use Map may be initiated by the City Council or the Planning Commission.

(3)

Review. After receipt of a proposal for amendment initiated by the City Council or Commission, or upon receipt of a certified petition for annexation, the Administrative Official shall complete the review of the proposal, or the petition for annexation and send a written recommendation to the Commission, setting forth whether the amendment should be granted or denied and, in the case of a petition for annexation, setting forth a recommended land use district classification, and the grounds for any such recommendations as they relate to the standards in Article IV and the purposes of the land use district classifications set forth in Article I of this ordinance. Such recommendation shall be submitted to the Commission at least fifteen (15) days prior to the required public hearings.

(4)

Action by Commission.

(a)

The Commission shall conduct a public hearing to consider any amendment to the text of this ordinance, the Official Land Use Map, or the appropriate land use classification for land subject to a certified petition for annexation in accordance with the requirements of Article III, Part 1, Section 1(6).

(b)

The Commission shall review the proposed amendment, the proposed land use district classification for land subject to an annexation petition, the recommendation of the Administrative Official, the testimony at the public hearing and recommend to the City Council approval, or approval subject to specified conditions, or denial of the proposed amendment or proposed land use district classification for land subject to an annexation petition, as the case may be.

(5)

Action by City Council. The City Council shall review the proposed amendment, the proposed land use district classification for land subject to an annexation petition, the recommendations of the Administrative Official and the Commission and any additional information which may be submitted. The City Council shall grant or deny the proposed amendment or proposed land use classification within thirty (30) days of receipt of the recommendation of the Commission.