Pursuant to section 1-14, the zoning advisory board is hereby created. The term "board," when used in this article, shall be construed to mean the zoning advisory board. The zoning advisory board shall conduct itself according to the terms of R.S. 33:4726. The zoning advisory board shall consist of five members, each of whom shall be appointed by a member of the city council. One member of the zoning advisory board shall be appointed by each councilmember. The membership of the first zoning advisory board shall serve until the first date of the term of councilmembers elected to the city council in 2014. Thereafter, members shall be appointed for terms of four years each, to coincide with the elected terms of city council members. Each zoning advisory board member shall be a resident and a qualified voter of the city. All members shall be removable for cause, upon the presentation of written charges and after a public hearing by the city council. The board shall elect its own chairperson, who shall serve a term of one year in the position, or until he is re-elected or his successor is elected. Vacancies on the zoning advisory board shall be filled for the unexpired term of any member whose term becomes vacant and shall be filled by appointment of the councilmember who appointed the board member whose seat became vacant. The city attorney shall be the legal advisor for the zoning advisory board. The board shall not hold more than 26 meetings in any calendar year.

(Ord. No. 1427, § 20:201, 6-13-2011)

(a)

The city council may, from time to time, amend, supplement or change the regulations, restrictions, zoning districts, land use regulations, or boundaries as subsequently established in accordance with the provisions of this section.

(b)

Amendment, supplement, or change to the regulations, restrictions, zoning districts, land use regulations, subdivision regulations, or boundaries may be initiated:

(1)

By action of the council by introduction of an ordinance or by adoption of a resolution or motion;

(2)

Upon recommendation by the zoning advisory board to the council, after determination by the board that the amendment, supplement or change to the regulations, restrictions, zoning districts, land use regulations, or boundaries should be made; or

(3)

On application or petition of property owners, by filing with the council, through the zoning advisory board, a petition to amend or change the comprehensive zoning ordinance, provided that no petition for change in the classification of property shall be considered or acted upon unless such petition is duly signed by the owners or the authorized agents of the owners of not less than 50 percent of the area of the land for which a change of classification is requested; provided, however, that where any lot located in the aforesaid area is owned in indivision, all co-owners or their authorized agents must sign and petition for that lot to be included in the 50 percent provision.

(c)

Amendment, supplement, or change to the official zoning map and amendment or supplement required to maintain consistency shall be initiated and processed concurrently, including joint application, public hearing, notice, and official action in accordance with this section.

(Ord. No. 1427, § 20:202, 6-13-2011)

(a)

Form. An application or petition for a text amendment to this chapter or for a map change shall be filed in a form approved by the zoning advisory board with the office of code enforcement, and shall contain such information as the board may from time to time, by rule, require.

(b)

Fee. Before any action shall be taken as provided in this section, the private party proposing or recommending a change in the classification of property or any change in the comprehensive zoning ordinance shall deposit with the zoning advisory board a nonrefundable fee in an amount as established by the city council from time to time, for each zoning text change not involving acreage; or, $200.00 for a zoning ordinance map amendment for each acre of land or portion thereof. The maximum fee required for acreage or portion thereof for which a change of classification is proposed or recommended shall not exceed $5,000.00.

(Ord. No. 1427, § 20:203, 6-13-2011)

(a)

Hearing. A public hearing for each proposed change, amendment, petition or application, special use request, ordinance of no objection, zoning or land use study shall be conducted by and before the zoning advisory board, at which time all parties in interest and citizens shall have an opportunity to be heard. Each proposed change, amendment, petition or application, zoning or land use study, shall be allotted a case or docket number and be scheduled for public hearing. During the public hearing, a designated staff person shall be called upon for presentation of a technical recommendation and analysis of the proposed change. The zoning advisory board may in its rules of procedure include provisions for the order of presentations during public hearings. Additionally, the planning department shall be required to provide the technical assistance and support deemed necessary by the board.

(b)

Notice. Except as otherwise provided in article II of this chapter, the following notices shall be provided:

(1)

Notice of hearing. Notice of the purpose or subject of each case on the docket of the zoning advisory board, and of the time, date and place of the hearing thereon shall be published once a week for three weeks consecutively in the official journal of the city.

(2)

Notice of application or area study in connection with a request for:

a.

A change in the classification of property, by property owners, pursuant to sections 34-58 through 34-68, where the property fronts on a street.

b.

Special permitted uses, pursuant to section 34-71.

c.

Additions to a nonconforming use, pursuant to section 34-69.

d.

Uses requiring an ordinance of no objection pursuant to section 34-65.

e.

Special permitted uses pursuant to section 34-65.

f.

A study of an area initiated by action of the council, zoning advisory board, or planning department.

A sign shall be placed on the property under consideration at least ten days prior to the public hearing conducted by the zoning advisory board and shall be removed after final action is taken by the city council or until 126 calendar days after the public hearing conducted by the board, whichever is less. The notification sign shall then be removed by an appropriate city agency. Such notification sign shall not be less than two feet by three feet in size, shall be mounted on legs or feet and shall contain the following language:

ZONING APPLICATION FILED

For Information Phone:

Department of Code Enforcement

City of Westwego

OR

SPECIAL USE APPLICATION FILED

For Information Phone:

Department of Code Enforcement

City of Westwego

OR

ZONING AREA STUDY

For Information Phone:

Department of Code Enforcement

City of Westwego

or such other language, as determined by the board, that will adequately provide notification of the type of change scheduled for hearing before the board; such notification shall be in bold print or lettering and of sufficient size as to be visible from the nearest public street.

If the land subject to the proposed zoning change is of such a large size that it is not feasible or practical for the posting of such signs or should posting not be done in strict accordance with this article, the appropriate advertisement placed in the official journal shall be sufficient legal notice. Any defect in the posting-of-signs requirement in this article shall not invalidate any action taken by the council in accordance with this chapter. No other mandatory types of notice shall be required; however, the zoning advisory board, by rule, may provide for additional discretionary forms of notice.

(c)

Defective notice; validity.

(1)

No amendment, supplement or change to the zoning regulations in article II of this chapter shall be declared invalid by reason of any defect in:

a.

The publication of the notice of the purpose or subject matter and the time and place of the hearing if the published notice gives reasonable notice of its purpose, subject matter, substance and intent.

b.

The posting or display of the notification sign if proof of the installation by the appropriate city agency is presented. Routine work orders or other such documents of the department shall be prima facie evidence of the installation.

Any defect in or failure strictly to adhere to the discretionary forms of notification shall not form a basis for declaring invalid any ordinance or council action on any matter described in this chapter.

(2)

No denial by the council of any application, petition or other matter requiring notice shall be declared invalid by reason of any defect in any form of public notice if the applicant has received actual notice of the time, date, and place of the hearing.

(d)

Substitute, alternative, or modified proposal. Notice of the original proposal on the docket of the zoning advisory board in accordance with this section shall also constitute notice of any substitute, alternative or modified amendment, supplement or change that may be recommended or adopted by the board or the council following the public hearing, if the substitute, alternative or modified proposal meets the following criteria:

(1)

Zoning reclassification.

a.

If the original proposal is more restrictive than the present classification and the substitute, alternative or modified proposal is less restrictive than the original proposal but more restrictive than the present classification; or

b.

If the original proposal is less restrictive than the present classification and the substitute, alternative or modified proposal is more restrictive than the original proposal but less restrictive than the present classification.

(2)

Text change. If the substitute, alternative or modified proposal is reasonably within the scope of the purpose or subject matter of the original proposal.

(Ord. No. 1427, § 20:204, 6-13-2011)

(a)

The zoning advisory board shall submit to the city council a report of its findings and recommendations concerning the proposed change for each case on the docket. If such report has not been filed within 45 days following the date of the public hearing, the council may take official action upon the change or amendment notwithstanding the absence of a report by the board.

(b)

No amendment, supplement, or change to the zoning regulations of article II of this chapter or district map shall become effective unless and until:

(1)

There has been a public hearing thereon as provided above; and

(2)

The council has taken a final vote on the proposed change within 126 calendar days from the date of the public hearing. However, in the event the 126 calendar-day deadline falls on a holiday or a meeting that has been cancelled by the council, the 126 calendar-day deadline will be extended automatically to the next council meeting.

(c)

All requests requiring a hearing before the zoning advisory board other than zoning change proposals, hazardous obnoxious uses, planned unit developments and child care centers shall be recommended by the board and authorized by the city council only when said use complies with all of the following criteria:

(1)

The use is necessary to promote the public interest at that location.

(2)

The use is compatible with adjacent or nearby land uses and zoning in the area.

(3)

The use will not cause substantial injury to other property in the neighborhood in which it is to be located.

(4)

The use is designed, located and proposed to be operated so that the public health, safety, and welfare will be protected.

(5)

The use has adequate ingress and egress to property and proposed structures thereon with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and access in case of fire.

(6)

The foregoing standards shall not be subject to waivers or variances that could be granted under article V of this chapter.

(d)

All requests requiring a hearing before the zoning advisory board for uses pursuant to section 34-65(b)(31) shall be recommended for approval by the board only when the criteria specified in subsection (c) of this section, as well as the criteria specified in section 34-65(b)(31) is met.

(e)

The provisions of this section do not apply in cases where there is a proposal to enact an entire new ordinance to change the text as a whole, or to change all the official zoning map of the city, or both, in which case the procedure set out in R.S. 33:4721 through 33:4730 (Act 240 of the Legislature of Louisiana) shall apply and be followed.

(Ord. No. 1427, § 20:205, 6-13-2011)

(a)

Upon filing with the office of code enforcement a petition or application for a change or amendment to the zoning regulations of article II of this chapter, or after a proposed amendment, supplement, change, or zoning study has been initiated by resolution of the city council and pending final disposition of said amendment, supplement, change, or zoning study, whether by ordinance, hearing, or otherwise, the council may call for a moratorium on development approvals affected by the proposed amendment or adopt interim development standards. Such moratorium or interim development standards shall be in effect from the date a resolution is adopted for up to one year or until the effective date of the amending ordinance, whichever occurs first. However, except in the case of adoption of the extensions expressly provided for below, a moratorium shall not remain in place for more than one year. The council action shall not affect action on completed applications submitted prior to the resolution or ordinance, but may affect subsequent applications for the same project. When calling a study or invoking a moratorium, the council may establish interim development standards providing for reasonable approval conditions or exemptions for certain types of development applications that would otherwise be affected by the study or moratorium. Introduction of an ordinance that conveys the substantial intent of the zoning advisory board's findings and recommendations for the final disposition of a study shall extend a moratorium or interim zoning regulation for an additional period not to exceed six months or the effective date of final council action, whichever occurs first.

(b)

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

(Ord. No. 1427, § 20:206, 6-13-2011)

When a petition or application is filed requesting or proposing a change in or amendment to this article and the petition or application has been finally acted upon by the council in accordance with the above procedure or when the by the council has taken no action on the petition or application within 126 calendar days, or when the petition or application has been allotted a docket number and officially advertised for public hearing but has subsequently been withdrawn either before or after the public hearing has been held thereon, then the council shall not consider any further petition or application requesting or proposing such change or amendments for the same property within one calendar year from the date of the council's final action on said petition or application, or from the expiration of the aforesaid 126-day period in case no action has been taken by the council, or from the date of withdrawal of the petition or application provided, however, that the petition or application has been allotted a docket number and officially advertised. A change in ownership of property or any interests therein, or the property's addition to or deletion from the application that does not substantially change the request shall not encroach on the restrictions of this section. The provisions of this section shall not apply in cases where the council or the zoning advisory board wishes to consider a comprehensive zoning revision of an area of more than 20 acres.

(Ord. No. 1427, § 20:207, 6-13-2011)

Any person or any officer, department, commission, board, district, or any other agency jointly or severally aggrieved by the decision of the city council may file an action seeking writs of certiorari or other appropriate legal proceedings to review said decision in the Twenty-Fourth Judicial District Court in and for the parish, within a maximum period of 30 days after the decision of the council. The action of the council in denying a request for amendment, supplement, or change to the regulations, restrictions, zoning district, land use category, or boundaries shall be subject to review for abuse of discretion, unreasonable exercise of police powers, an excessive use of powers granted to the council, the denial of the right of due process, or any other appropriate reason.

(Ord. No. 1427, § 20:208, 6-13-2011)

Unless a court explicitly determines otherwise, if any section, subsection, paragraph, sentence, clause or phrase of this article shall, for any reason, be held to be unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article, which will continue in full force and effect.

(Ord. No. 1427, § 20:209, 6-13-2011)

Members of the zoning advisory board shall receive a fee per day for each day on which they may meet for serving as members of the board. The amount of the fee shall be as established by the city council from time to time. The board shall not hold more than 26 meetings in any calendar year.

(Ord. No. 1427, § 20:210, 6-13-2011)