§ 89-69. Appeal of planning and zoning commission determinations.

(a)

When does this process apply?

(1)

This section applies to any appeal of any planning and zoning commission action concerning the approval or denial of a proposed subdivision.

(2)

Standing. Only parties with standing are eligible to file an appeal.

a.

Definition of standing: A right to appeal is based on the determination that a person has a substantial stake or interest in the decision or its impact.

b.

All appeals by non-applicants/parties with standing shall be submitted, after filing, to legal counsel of the planning and zoning commission. Legal counsel will review the appeal and issue an opinion as to the standing of the appellant, based upon the facts submitted in the appeal. Within five days, exclusive of legal holidays, legal counsel shall issue in writing an opinion relative to standing. Failure to issue an opinion is deemed a determination that standing exists.

c.

Standing is presumed to exist for the owner and applicant (if not the owner) and Consolidated Government empowered ADRC members (i.e., Atmos Energy, Board of Health).

d.

Within five days, exclusive of legal holidays, of receipt of the opinion of legal counsel relative to standing, the administrator shall, in the event that standing is not found to exist, notify the appellant, who shall have five days to advise the administrator of appellant's desire to have the issue of standing decided by the council. The administrator shall take the necessary steps to set the issue of standing on the agenda of the next available council meeting. Failure to timely request that the council decide the issue of standing shall cause the appeal to be rejected based on a lack of standing. The council shall preliminarily rule on the issue of standing only.

(b)

How do I start the process?

(1)

All appeals shall be received by the office of the PZD's administrator, by hand delivery, within the following time period (exclusive of legal holidays as defined in the Louisiana Code of Civil Procedure):

a.

Within five days from the approval, denial or other final action of the Planning and Zoning Commission with respect to an application; or

b.

Within five days of distribution of an action letter, but in no event more than ten days from the approval, denial or other final action of the planning and zoning commission with respect to an application.

(2)

The date set forth on the commission's action letter is presumed to be the actual date of distribution of the letter.

(3)

Failure to file an appeal within the above referenced time frame precludes any subsequent appeal.

(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 hearing:

Type	When provided
Publication	• 5 days before the scheduled hearing
Regular Mail	• 5 days before the scheduled hearing
	•  Notice is mailed to owners of property located within 300 feet of the proposed development as determined by reference to the most current tax rolls as periodically updated by the Lafayette Parish Tax Assessor.
	•  If the owner of any property within 300 feet of a proposed subdivision is a condominium development, the notices shall be sent to the condominium association who will provide the notice to each condominium unit owner.

 

(e)

How are decisions made?

(1)

If the appellant has standing, the administrator, within five days exclusive of legal holidays, shall have the actual appeal placed on the agenda of the council to be set at either a regular or special council meeting, as may be determined by the chairman of the council considering the complexity of the issues, anticipated time to review and such other considerations as are appropriate.

(2)

The council shall review the appeal and, after public hearing, shall, by motion, second and a vote of a majority of the council members present, if a quorum of the authorized membership is present, approve, disapprove, or modify the action of planning and zoning commission.

(f)

What are the standards for approval?

(1)

The council shall only consider those issues specifically raised by the appellant.

(2)

To the extent that there is no disagreement between the appellant, the commission and/or any opponents to the subdivision application, those matters shall not be before the council.

(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.

(Ord. No. O-180-2015, § 4, 8-18-2015; Ord. No. O-252-2015, § 4, 11-17-2015; Ord. No. O-112-2017, § 2(ee), 6-20-17)