City of Thibodaux Zoning Review - South Central Planning ...

Thibodaux Zoning Review 2010Amendment ProceduresLouisiana state laws spell out the basic procedures forchanges to zoning text and amendments to the zoning map.Although changing the text of the ordinance is different fromchanging the district boundaries, the procedure to be followedis the same. Basically an applicant files a request for a change,the planning staff reviews the application and if it is complete,it is forwarded to the planning commission. The planningcommission holds a public hearing and after the hearing makesa recommendation as to whether the change should be madeor not to the city council. The city council holds its own publichearing and either approves or denies the change thereafter.Whether the application is one initiating with the city councilor a member of the public, the process is the same. The planningcommission’s is only a recommendation because both the changeto the map and the change to the zoning text require ordinances,which only the city council can approve.City of ThibodauxThe city’s staff indicated to SCPDC that there is someconfusion about the amendment procedure. Members of thepublic and some of the commissioners and council seemed tobelieve that if the planning commission denied a zoning changethe matter ended there. In listening to the problems noted, itsounds as though individuals may be confusing the zoningchange process with a subdivision approval process. The planningcommission’s approval of a subdivision of land is final. Thecouncil can override the denial by a two-thirds majority vote.However, the commission cannot accept streets, utilities or otherinfrastructure for perpetual maintenance. Only the council cando that.Following are excerpts from Article XIV of the Thibodauxordinance regarding the matter. Pertinent passages are bolded.“ARTICLE XIV. AMENDMENTSThe regulations, restrictions and boundaries set forth in thisordinance may from time to time be amended, supplemented,changed or repealed; provided, however, that the legislativebody shall not hold any public hearings or take any actionuntil it has first referred the request to the municipal zoningcommission. It shall be the duty of the zoning commissionto recommend approval or rejection of any request forzoning amendments, modifications, supplements or changesthereto.Before making any recommendation to the legislative body ofthe municipality, the zoning commission shall hold a publichearing. Notice of the time and place of the hearing shall bepublished at least 3 times in the official journal of the municipality,and at least 10 days shall elapse between the firstpublication and the date of the hearing. After the hearinghas been held by the zoning commission, it shall make areport of its findings and recommendations to the legislativebody of the municipality.In order to change, amend, modify or repeal any portion ofthis zoning ordinance, the city council, after receipt of thereport from the zoning commission, as outlined above,shall introduce such change in ordinance form and shallcall for a public hearing at which parties in interest will havean opportunity to be heard. …”Both the state law and the city’s zoning ordinance requirethe planning commission to make a report to the council, notethe word “shall” in both texts. The council cannot take actionuntil the report has been received.Comparable Cities – Amendment ProceduresCity of HammondHammond’s ordinance is very similar.City of RustonRuston’s ordinance again is very similar but it does spell outan appeal procedure to the board of adjustments should the citycouncil deny a zoning change.City of PinevilleAgain, the Pineville ordinance tracks the state legislation.CommentsThe wording within the city’s ordinance appears to be correctunder the state laws pertaining to zoning. However, a source ofthe confusion could be that the planning commission is actingboth as the planning commission when it reviews and acts onsubdivisions and as the zoning commission when it acts onzoning. An informational brochure might be helpful to clarifythe process. Participation in four hours of training on planningand zoning as offered by the American Planning Associationis mandatory for new planning commissioners. But periodicrefresher courses might be helpful for both the council andcommissioners.LaR.S. Section 33:4726. Zoning commission; recommendations;public hearingA. In order to avail itself of the powers conferred by R.S.33:4721 through 4729, the legislative body of the municipalityshall appoint a zoning commission whose function itshall be to recommend the boundaries of the various originaldistricts as well as the restrictions and regulations to beenforced therein, and any supplements, changes, or modificationsthereof. Before making any recommendation to thelegislative body of the municipality, the zoning commissionshall hold a public hearing. Notice of the time and place ofthe hearing shall be published at least three times in the officialjournal of the municipality, or if there be none, in a paperof general circulation therein, and at least ten days shallelapse between the first publication and date of the hearing.After the hearing has been held by the zoning commission,it shall make a report of its findings and recommendations tothe legislative body of the municipality. The legislative bodyshall not hold its public hearings or take action until it hasreceived the final report of the zoning commission.54