<strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong> 2010Amendment ProceduresLouisiana state laws spell out the basic procedures forchanges to zoning text and amendments to the zoning map.Although changing the text <strong>of</strong> 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 <strong>of</strong> 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.<strong>City</strong> <strong>of</strong> <strong>Thibodaux</strong>The city’s staff indicated to SCPDC that there is someconfusion about the amendment procedure. Members <strong>of</strong> thepublic and some <strong>of</strong> 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 <strong>of</strong> a subdivision <strong>of</strong> 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 <strong>of</strong> the <strong>Thibodaux</strong>ordinance 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restrictions and boundaries set forth in thisordinance may from time to time be amended, supplemented,changed or repealed; provided, however, that the legislativebody shall not hold any public hearings or take any actionuntil it has first referred the request to the municipal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 <strong>of</strong> the zoning commissionto recommend approval or rejection <strong>of</strong> any request forzoning amendments, modifications, supplements or changesthereto.Before making any recommendation to the legislative body <strong>of</strong>the municipality, the zoning commission shall hold a publichearing. Notice <strong>of</strong> the time and place <strong>of</strong> the hearing shall bepublished at least 3 times in the <strong>of</strong>ficial journal <strong>of</strong> the municipality,and at least 10 days shall elapse between the firstpublication and the date <strong>of</strong> the hearing. After the hearinghas been held by the zoning commission, it shall make areport <strong>of</strong> its findings and recommendations to the legislativebody <strong>of</strong> the municipality.In order to change, amend, modify or repeal any portion <strong>of</strong>this zoning ordinance, the city council, after receipt <strong>of</strong> 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 Procedures<strong>City</strong> <strong>of</strong> HammondHammond’s ordinance is very similar.<strong>City</strong> <strong>of</strong> RustonRuston’s ordinance again is very similar but it does spell outan appeal procedure to the board <strong>of</strong> adjustments should the citycouncil deny a zoning change.<strong>City</strong> <strong>of</strong> 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 <strong>of</strong>the 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 <strong>of</strong> training on planningand zoning as <strong>of</strong>fered by the American <strong>Planning</strong> Associationis mandatory for new planning commissioners. But periodicrefresher courses might be helpful for both the council andcommissioners.LaR.S. Section 33:4726. <strong>Zoning</strong> commission; recommendations;public hearingA. In order to avail itself <strong>of</strong> the powers conferred by R.S.33:4721 through 4729, the legislative body <strong>of</strong> the municipalityshall appoint a zoning commission whose function itshall be to recommend the boundaries <strong>of</strong> the various originaldistricts as well as the restrictions and regulations to beenforced therein, and any supplements, changes, or modificationsthere<strong>of</strong>. Before making any recommendation to thelegislative body <strong>of</strong> the municipality, the zoning commissionshall hold a public hearing. Notice <strong>of</strong> the time and place <strong>of</strong>the hearing shall be published at least three times in the <strong>of</strong>ficialjournal <strong>of</strong> the municipality, or if there be none, in a paper<strong>of</strong> general circulation therein, and at least ten days shallelapse between the first publication and date <strong>of</strong> the hearing.After the hearing has been held by the zoning commission,it shall make a report <strong>of</strong> its findings and recommendations tothe legislative body <strong>of</strong> the municipality. The legislative bodyshall not hold its public hearings or take action until it hasreceived the final report <strong>of</strong> the zoning commission.54
2010 <strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong>Hammond6.2 Approval <strong>of</strong> AmendmentThe <strong>City</strong> Council <strong>of</strong> Hammond may revoke this Ordinance, or any section there<strong>of</strong>, upon its own motion or upon recommendationfrom the <strong>Planning</strong> and <strong>Zoning</strong> Commission. Amendments shall not become effective except by the favorable vote <strong>of</strong> two-thirds <strong>of</strong>all the members <strong>of</strong> the Council. Official public notice must be advertised before any vote.No amendment or supplement to this Ordinance or to the <strong>Zoning</strong> Map shall become effective until:(a) The Council has received a final report from the <strong>Planning</strong> and <strong>Zoning</strong> Commission on the merits <strong>of</strong> the amendment.(b) The Council has held a public hearing(s) upon the proposed amendment at which parties in interest shall have an opportunityto be heard. Notice <strong>of</strong> the proposed amendment and <strong>of</strong> the time and place <strong>of</strong> the hearing shall have been publishedonce a week in three different weeks in the <strong>of</strong>ficial journal <strong>of</strong> the municipality; at least fifteen (15) days shall elapse betweenthe first publication and the date <strong>of</strong> the hearing. The public hearing may be held in conjunction with regular <strong>City</strong> Councilmeetings. Applicants may appeal a decision <strong>of</strong> the <strong>Zoning</strong> Board to the Council only once.PinevilleArticle 13.02. Procedure; public hearing; protest against change.No regulations or restrictions shall become effective:(1) Until after a public hearing at which parties in interest have an opportunity to be heard. A public hearing may be held by themayor and board <strong>of</strong> aldermen. In such case notice <strong>of</strong> the time and place <strong>of</strong> the hearing shall be published once a week in three (3)different weeks in the <strong>of</strong>ficial journal. At least fifteen (15) days shall elapse between the first publication and the date <strong>of</strong> the hearing.In addition to notice by publication, and at least ten (10) days prior to the hearing, a good faith attempt to notify the owner orowners <strong>of</strong> record <strong>of</strong> the properties to be zoned or rezoned in municipal zoning shall be made by the sending <strong>of</strong> an <strong>of</strong>ficial notice byregular mail <strong>of</strong> the time and place <strong>of</strong> the hearing and subject matter <strong>of</strong> the regulations and restrictions. Notwithstanding the foregoing,however, when more than ten (10) parcels are to be zoned or rezoned by enactment <strong>of</strong> a zoning ordinance, the advertisementin the <strong>of</strong>ficial journal required herein shall be considered adequate notice to the property owners.RustonSec. 29-101. Amendments(a) Amendments to this chapter or the <strong>of</strong>ficial zoning map may be initiated by the mayor and board <strong>of</strong> aldermen on its ownmotion or by the planning and zoning commission on its own motion. Amendments may also be initiated by any person byfiling a written application for such amendment with the zoning administrator or other <strong>of</strong>ficial designated with processingzoning applications. All proposed amendments shall be referred to the planning and zoning commission for a report.(b) An application for a change in zoning classification, other than changes initiated by the mayor and board <strong>of</strong> aldermen, shallbe filed on a completed form supplied by the city. No such application shall be considered or acted upon unless such applicationis duly signed by all applicants and the concurrence <strong>of</strong> the:(1) Owners <strong>of</strong> the entire land area to be included within the proposed district;(2) Owners <strong>of</strong> all structures then existing on the land area to be included within the proposed district.(c) Any applicant denied a favorable recommendation <strong>of</strong> his/her request for rezoning, who desires a review by the board <strong>of</strong>aldermen, must, within ten days from the date <strong>of</strong> such denial by the <strong>Zoning</strong> Commission, file a written appeal with the<strong>Zoning</strong> Administrator.(d) Following the disapproval <strong>of</strong> an application by the Board <strong>of</strong> Aldermen for the changing <strong>of</strong> all, or a portion <strong>of</strong>, a parcel <strong>of</strong>property from one zoning classification into another zoning classification, another application for the reclassification <strong>of</strong> suchproperty, or any portion there<strong>of</strong>, into the same zoning classification for the same proposed specific use shall not be filed untila period <strong>of</strong> at least 18 months shall have elapsed after the date <strong>of</strong> such disapproval.55