§ 89-53. Rezoning.

(a)

When does this process apply? This section applies to any amendment to the zoning map, referred to as a "rezoning."

(b)

How do I start the process?

(1)

A rezoning may be initiated by:

a.

The council, by the passage of an ordinance or resolution, or

b.

Recommendation of the LCG administration, or

c.

The planning and zoning commission, by adopting a motion, or

d.

Petition by the owner of the affected property filed with the PZD.

(2)

A property owner-initiated rezoning petition shall be duly signed and acknowledged by the owner, or authorized agents of over 50 percent of the land area of land for which a rezoning is requested. However, that where any lot located in the proposed rezoning area is owned in indivision, all co-owners must sign the petition for that lot to be included in the 50 percent area provision.

(c)

How do I know if my application is complete? See section 89-48.

(d)

What kind of public notice is required? The following notice is required for a rezoning hearing (References: LRSA § 33:4724 [zoning amendments]):

Type	When provided
Publication	• At least 3 times if published in the official journal.
	• At least 10 days between the first publication and the hearing.
Signs	• PZD will place signs on or before the first date of publication before the meeting.
Mail	• The PZD will mail notice at least 10 days before the public hearing.
	• Notice is provided to all of the immediate adjacent property owners of record and the owners of property immediately adjacent to that property per the latest tax assessor's tax rolls. Property directly across the public road from the reclassification site is treated as adjacent property.
	• Where a comprehensive rezoning revision of more than one hundred (100) parcels is to be considered, the sign and mailing requirements shall not apply if notice is provided by publication as set forth above and at LRSA § 33:4724.

 

(e)

How are decisions made?

(1)

Meeting schedule. The planning and zoning commission will publish a schedule of meeting dates for rezoning petitions. Action will be taken on petitions that are filed at least 40 days prior to the date of a scheduled hearing.

(2)

Planning and zoning commission report and recommendation .

a.

The planning and zoning commission may hold a public hearing on the proposed amendment after the required notice is provided.

b.

The planning and zoning commission shall submit a report with its recommendations relative to the rezoning and its reasons for making the recommendation. The report shall be filed with the council within 45 days after the date of the public hearing held to consider the amendment.

(3)

Council action.

a.

If the planning and zoning commission fails to submit a timely report and recommendation, the council may take action on the rezoning without the report and recommendation. Otherwise, the council shall not take action to rezone, and the rezoning is not effective, until the council receives the planning and zoning commission's final report and recommendation.

b.

After receiving the planning and zoning commission's recommendation (or after the time period for a report and recommendation expires), the council will adopt, adopt with revisions, or deny the rezoning.

c.

A council decision to approve a rezoning shall occur within 90 days from the date upon which the planning and zoning commission files its report and recommendation to council was filed or the time to file the report and recommendation expires, unless a motion is made to extend this time period.

(4)

Conditional rezoning. The rezoning decision may —

a.

Limit the property to specified uses that are allowed in the zoning district;

b.

Attach appropriate conditions to mitigate the impacts of the proposed development, such as restrictions relative to the site plan and any future modifications, set back requirements, and other restrictions appropriate to mitigate the impacts of the development; or

c.

In the case of a comprehensive rezoning revision of more than ten parcels, allow, as a matter of right, a conditional use that is permitted within the zoning district.

(f)

What are the standards for approval?

(1)

A rezoning is a legislative decision that is committed to the planning and zoning commission or council's discretion.

(2)

The agencies will consider whether the amendment is reasonable, including:

a.

Whether the proposed rezoning is consistent with the comprehensive plan.

b.

Whether there was a mistake in the original zoning map or text.

c.

Whether the proposed amendment is compatible with current development trends, if any, in the vicinity of the subject property.

d.

Whether the proposed amendment promotes the public health, safety, morals, and general welfare.

e.

Whether the proposed amendment is compatible with surrounding land uses.

f.

Any other factors relevant to a rezoning application under Louisiana law.

(g)

How is a decision appealed? Appeal of any Council action shall be made to the 15th Judicial District Court for the Parish of Lafayette within 30 days of the date of the Council action.

(h)

After a decision is made, is there a limit on subsequent applications?

(1)

This subsection applies to a rezoning petition that —

a.

Is finally acted upon by the council, or

b.

Receives no action by the council, within 90 days, or

c.

Is officially advertised for public hearing before the planning and zoning commission or council but is subsequently withdrawn.

(2)

If subsection (h)(1) applies, the council shall not consider any further petition requesting or proposing the same or less restrictive amendment for the same property within a period of two calendar years. This two-year period begins on the date of the final legal action on the petition or the date of the expiration of the 90-day period in subsection (1)b. above, or the date of withdrawal of the officially advertised petition.

(3)

This provision does not apply to a comprehensive zoning revision of an area larger than 20 acres.

(i)

What are my next steps?

(1)

If a building or buildings exist and there is no proposed new construction, the applicant shall submit to the planning and zoning commission an application stating the proposed use of the property.

a.

The planning and zoning commission may recommend a time limit within which the applicant shall apply for a certificate of occupancy in conformity with the proposed use. The time limit shall be no more than six months from the final decision.

b.

If applicant ceases to use the property for the specific purpose for which the application is made and the cessation of use continues for a consecutive one-year period, the property shall, without any action on the part of the planning and zoning commission, revert to its original zoning classification.

(2)

If new construction is proposed, the rezoning may include a condition that a site plan be approved by the commission or council and filed with the administrator and PZD.

a.

All site improvements shall be completed within 18 months, unless for good cause shown, the rezoning decision provides a longer period. If, at the end of this period, construction is not complete, the administrator may extend the time period by three months if substantial progress has been made. Securing a permit for construction does not constitute substantial progress. For purposes of this subsection, "substantial progress" means that at least:

1.

Footings are poured for at least 75 percent of the building floor area, or

2.

At least 25 percent of all buildings or structures are completed and issued a certificate of occupancy, or

3.

At least 50 percent of all site improvements required by a condition of approval and article 3 are completed.

b.

All improvements to the site shall be constructed in conformity with the approved plan.

c.

Any required plan may include, but is not limited to, a floor plan, elevations, site plan, plot plan, and other items required by the rezoning decision.

(j)

How are records of the decision kept? See LCG Charter, section 2-16.

(Ord. No. O-180-2015, § 4, 8-18-15; Ord. No. O-252-2015, § 2(Exh. A), 11-17-15; Ord. No. O-112-2017, § 2(bb), 6-20-17; Ord. No. O-093-2018, § 41, 6-19-18)