Part VIII. ADMINISTRATION AND ENFORCEMENT

§ 8.1. Procedures.

Latest version.

Common review procedures.

General. The following requirements are common to many of the following procedures, and apply to applications submitted under this ordinance. Additional details may be included in the specific procedure.

Pre-application conference.

Optional. Before submitting an application for development approval, an applicant may schedule a pre-application conference with the building official to discuss the procedures, standards and regulations required for approval. A pre-application conference is optional, except for the procedures listed below.

Mandatory. Before submitting an application for the following types of review, an applicant must schedule a pre-application conference with the building official to discuss the procedures, standards and regulations required for approval in accordance with this ordinance and other applicable Town codes.

Major subdivision;

ii.

Major site plan review;

iii.

Conditional use permit;

iv.

Zoning map amendment;

Planned unit development;

vi.

Zoning text amendment; or

vii.

Certificates of appropriateness in historic district.

Application.

Initiation. Parties allowed to file an application are summarized below in Table 8.1. More detailed information may be included with each specific procedure.

TABLE 8.1: APPLICATION AUTHORITY

APPLICATION AUTHORITY	OWNER OR AGENT	PLANNING COMMISSION	TOWN OF ST. FRANCISVILLE
Zoning Verification	♦
Administrative Adjustment	♦
Variance	♦
Conditional Use Permit	♦
Temporary Use Permit	♦
Zoning Map Amendment	♦	♦	♦
Planned Unit Development	♦		♦
Zoning Text Amendment	♦	♦	♦
Certificate of Appropriateness	♦		♦

ii.

Application forms. Applications, containing all information requested on the application and any additional information required by a duly authorized representative of the Town of St. Francisville, must be submitted on forms and in such numbers as required by this ordinance. All applications must be complete and sufficient for processing before they will be reviewed.

iii.

Fees. As per section 1.5 of this ordinance, no applications shall be reviewed, and no permit, certificate, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full. When an application is submitted on behalf of the Town of St. Francisville, no fees shall be required.

iv.

Complete applications. An application is complete when it contains all the information necessary to decide whether or not the development as proposed will comply with all of the requirements of this development code. Details for each application is included in the specific procedure section of this ordinance. The presumption is that all of the information required in the application forms is necessary to satisfy the requirements of this development code. However, it is recognized that each application is unique, and more or less information may be required according to the needs of the particular case. The applicant may rely on the determination of the building official as to whether more or less information may be submitted.

Concurrent applications. Applications may be filed and reviewed concurrently, at the option of the applicant. However, any application that also requires a variance shall not be eligible for final approval until the variance has been granted. Further, applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved.

vi.

Modification of application. An application may be modified at the applicant's request following the approval of the building official or his duly authorized representative. Any modification after a hearing but prior to a final decision shall require a new hearing.

TABLE 8.2: PUBLIC NOTICE REQUIREMENTS

PUBLIC NOTICE REQUIREMENT	WRITTEN NOTICE	POSTED NOTICE OF PUBLIC HEARING	PUBLISHED NOTICE OF PUBLIC HEARING
Variance	♦	♦
Conditional Use Permit	♦	♦	♦
Zoning Map Amendment	♦	♦	♦
Planned Unit Development	♦	♦	♦
Zoning Text Amendment			♦
Development Agreement			♦
Certificate of Appropriateness			♦

Public notice and hearings.

Public notice required. Required public notices are summarized above in Table 8.2. More detailed information may be included with each specific procedure.

Notice of public hearing. All notices for public hearing shall contain:

The date, time and place of the hearing.

ii.

The section of this ordinance under which the subject matter of the hearing will be considered.

iii.

The name of the applicant.

iv.

A brief description of the location of any land proposed for development and the subject matter to be considered at the hearing.

A statement that the application and supporting materials are available for public inspection and copying at the office of the Town of St. Francisville building official.

vi.

A brief description of the appeal process, which is available by right after public hearing before the planning commission or any further automatic review by the board of aldermen.

Written notice of public hearing. At least ten (10) days prior to a public hearing, a good faith attempt to notify the owner of record shall be made by sending an official notice by U.S. Mail of the time, place and subject matter of the hearing. Where more than ten (10) parcels are to be initially zoned or rezoned, no written notice is required.

Posted notice of public hearing. Posted notice in bold type shall be posted for at least ten (10) consecutive days prior to a public hearing on signs not less than eleven (11) inches by seventeen (17) inches, prepared, furnished and placed by the building official on each block of each street adjoining the area proposed for a change in zoning classification. The applicant shall remove posted notices from the subject area no more than ten (10) days after the public hearing has been held.

Published notice of public hearing. Notice of the time and place of a public hearing shall be published once a week in three (3) different weeks in the official journal, if designated, or a newspaper of general circulation in the area. The first notice shall be published at least fifteen (15) days prior to the hearing.

Zoning verification.

When required.

A zoning verification is required for the following:

Building permits that do not require site plan review.

ii.

Temporary uses.

iii.

Sign permits.

It shall be unlawful to begin moving, constructing, altering or repairing (except ordinary maintenance or repairs) any building or other structure on a site, including an accessory structure, until a zoning verification has been issued.

No certificate of occupancy may be issued without a properly issued zoning verification, when applicable.

Application and fees.

A pre-application conference is optional.

All applications for administrative review shall be filed in writing with the building official (See section 8.1.A Common Review Procedures).

Application shall be made prior to, or concurrent with the application for a building permit.

Decision by building official.

The building official may refer the application to other affected or interested agencies for review and comment.

In deciding to approve, approve with conditions, or deny the proposed zoning request, the building official shall consider relevant comments of all interested parties and the review criteria in section 8.1.B.4.

The building official may attach any condition to the permit necessary to protect the health, safety and welfare of the Town of St. Francisville and minimize adverse impacts on adjacent properties.

Review criteria. The building official shall consider the following criteria in determining a zoning verification:

The proposed development is consistent with the pertinent elements of the Town of St. Francisville Master Plan and any other adopted plans.

The proposed development meets the requirements of this development code.

The proposed development will reinforce the existing or planned character of the neighborhood and the Town of St. Francisville.

Appeal. A final decision by the building official on a zoning verification may be appealed to the board of zoning adjustment (See section 8.1.E, Appeal of Administrative Decision).

Expiration. A zoning verification expires after six (6) months if a building permit application has not been filed.

Administrative adjustment.

When allowed. The administrative adjustment procedure allows the building official or his duly authorized representative to approve modest variations from the standards of this development code. Administrative adjustment is allowed for the following:

A reduction of any required setback or yard by up to fifteen (15) percent.

An increase in the maximum building height of any building by five (5) feet or five (5) percent, whichever is less.

An increase in lot coverage by no more than five (5) percent.

Any other administrative adjustment authorized by a specific section of this development code.

Application and fees.

A pre-application conference is optional.

All applications for administrative review shall be filed in writing with the building official (See section 8.1.A, Common Review Procedures).

Decision by building official.

The building official may refer the application to other affected or interested agencies for review and comment.

The building official may attach any condition to the permit necessary to protect the health, safety and welfare of the Town of St. Francisville and minimize adverse impacts on adjacent properties.

Review criteria.

The building official shall consider the following criteria in approving or denying a administrative adjustment:

The proposed development is consistent with the pertinent elements of the Town of St. Francisville Master Plan and any other adopted plans.

ii.

The proposed development meets the requirements of this development code.

iii.

The proposed development will reinforce the existing or planned character of the neighborhood and the Town.

Appeal. A final decision by the building official on an administrative adjustment may be appealed to the board of zoning adjustment (See section 8.1.E, Appeal of Administrative Decision).

Variance.

When allowed. The board of zoning adjustment shall have the authority to grant variances from the terms of this ordinance, subject to terms and conditions fixed by the board, where literal enforcement of the provisions of this ordinance will result in practical difficulties or unnecessary hardship, if in granting such variance the general intent and purpose of this Zoning Ordinance will be preserved.

Application and fees.

No pre-application conference is necessary.

All applications for variance shall be filed in writing with the building official (See section 8.1.A, Common Review Procedures).

Review by building official. The building official may refer the application to other affected or interested agencies for review and comment.

Public hearing and decision by board of zoning adjustment.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the board of zoning adjustment shall allow, allow with conditions, or deny the proposed variance request, the building official shall consider relevant comments of all interested parties and the review criteria in section 8.1.D.4.

The board may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties.

Review criteria. No variance shall be authorized unless the board of zoning adjustment finds that all of the following conditions exist:

That the variance will not authorize a use other than those uses allowed in the district.

That, due to exceptional and/or extraordinary circumstances, literal enforcement of the provisions of this ordinance will result in practical difficulties or unnecessary hardship.

That the practical difficulties or unnecessary hardship were not created by the owner of the property or the applicant and are not due to or the result of general conditions in the district in which the property is located.

That the practical difficulties or unnecessary hardship are not solely financial.

That the variance will not substantially or permanently injure the allowed uses of adjacent conforming property.

That the applicant has adequately addressed any concerns raised by the building official.

Appeal. A final decision by the board of zoning adjustment on a variance may be appealed to the West Feliciana Parish Civil District Court.

Expiration. A variance runs with the land and does not expire unless the board of zoning adjustment or the West Feliciana Parish Civil District Court assigns an expiration date as a condition.

Appeal of administrative decision.

When allowed. Appeals to the board of adjustment may be filed by any person aggrieved, or by any official or department of the Town of St. Francisville affected by any decision of the building official. Appeals shall be made within thirty (30) days of the decision.

Application and fees.

No pre-application conference is necessary.

All appeals of administrative decisions shall be filed in writing with the Town Clerk (See section 8.1.A, Common Review Procedures).

The appellant shall provide a written statement citing the decision that is being appealed, and any reasons why the appeal should be granted.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed, unless the building official certifies to the board of adjustment after the notice of appeal has been filed, that a stay would cause imminent peril of life or property. In such case proceedings shall not be stayed except my restraining order that may be granted by the West Feliciana Civil District Court.

Public hearing and decision by board of adjustments.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the board of adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building official.

The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the building official.

Any party may appear at the proceedings in person, by agent or by attorney.

Testimony and evidence. The board of adjustment shall limit testimony and other evidence to that contained in the record at the time that administrator took final action on the administrative decision.

Review criteria. The board of adjustment shall consider the following criteria in deciding an appeal:

Whether the decision by the building official was in accordance with the intent and requirements of this ordinance;

Whether the building official made erroneous findings based on the evidence and information presented in the original application, or failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or

Whether the building official acted arbitrarily or capriciously.

Appeal. A final decision by the board of adjustment on an administrative appeal may be appealed to the West Feliciana Civil District Court.

Site plan review.

When required.

Major site plan. Major site plan review by the planning commission is required for:

Construction or expansion of three (3) or more residential units in a single structure on a platted lot of record.

ii.

Construction or expansion of any multifamily or mixed-use residential building type; and commercial, industrial or institutional land uses.

Minor site plan. Minor site plan review by the building official is required for:

Creation of more than one thousand (1,000) square feet of impervious surface (paving).

ii.

Construction of accessory structures in nonresidential districts.

No site plan review required. No site plan review is required for the following:

Construction or expansion of one (1) or two (2) units in a single structure on a platted lot of record.

ii.

Creation of less than one thousand (1,000) square feet of impervious surface (paving).

iii.

Construction of accessory structures in nonresidential districts.

Application and fees.

A pre-application conference is optional for minor site plan review and mandatory for major site plan review.

All applications for subdivision review shall be filed in writing with the building official (See section 8.1.A, Common Review Procedures).

Review by building official.

The building official may refer the application to other affected or interested agencies for review and comment.

The building official shall provide notice as outlined in section 8.1.A, Common Review Procedures.

Minor site plan decision by building official.

In deciding to approve, approve with conditions, or deny the proposed site plan, the building official shall consider relevant comments of all interested parties and the review criteria outlined in section 8.1.E.7. and render a decision within thirty (30) days of the receipt of complete minor site plan.

The building official may attach conditions required to make the subdivision comply with this and other town ordinances, or as necessary to protect the health, safety and welfare of the Town of St. Francisville and to minimize adverse impacts to adjacent properties.

Major site plan review by design review board.

Following notice and public hearing as required by section 8.1.A, Common Review Procedures, the design review board shall meet within thirty (30) days following submittal of the completed application to the building official, except where such time period is extended by the applicant.

The design review board shall review the plan and provide such information and guidance it deems appropriate in the form of a written report and recommendations.

Major site plan decision by planning commission.

Following notice and public hearing as required by section 8.1.A, Common Review Procedures, the planning commission shall approve, approve with conditions, or deny the major site plan within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

In deciding to approve, approve with conditions, or deny the proposed minor subdivision, the planning commission shall consider the recommendation of the building official, design review board report and comments, relevant comments of all interested parties and the review criteria outlined in section 8.1.E.7.

The planning commission may attach conditions required to the site plan to comply with this and/or other Town Ordinances, or as necessary to protect the health, safety and welfare of the Town of St. Francisville and to minimize adverse impacts to adjacent properties.

Review criteria. The building official and the planning commission shall consider the following criteria in approving or denying a site plan:

The proposed development is consistent with the pertinent elements of the Town of St. Francisville Master Plan and any other adopted plans.

The proposed development meets the requirements of this development code.

The proposed development will reinforce the existing or planned character of the neighborhood and the Town.

The site plan demonstrates:

Compliance with any prior approvals;

ii.

Site design and development intensity appropriate for and tailored to the unique natural characteristics of the site;

iii.

Adequate, safe and convenient arrangement of access, pedestrian circulation, bicycle facilities, roadways, driveways and off-street parking, stacking and loading spaces;

iv.

Connectivity to surrounding neighborhoods and the town as a whole;

Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwater; and

vi.

Adequate access for disabled residents through the provision of special parking spaces, accessible routes between parking areas and buildings, passenger loading zones and access to other facilities.

Any adverse impacts on adjacent properties have been minimized or mitigated.

Building permit. No building permit shall be issued for development requiring site plan until the site plan has been approved.

Dedication and improvements.

For development of property requiring a site plan under this ordinance, the applicant must dedicate any additional right-of-way necessary to the width required by the Town of St. Francisville for streets adjoining the property, install curbs and gutters and pave all streets adjoining the property, and install sidewalks and street trees based on the standards of section 8.1.F of this ordinance.

The applicant shall bear the costs of installation of any on-site or off-site improvements required by this ordinance, including provisions for stormwater management, paving and utilities.

10.

Improvement guarantee.

Prior to the approval of any site plan, the applicant shall submit a cost estimate and time schedule for installation of each phase of subdivision improvements.

A bond shall be required guaranteeing all on-site and off-site improvements. The bond shall be in an amount equal to one hundred fifteen (115) percent of the improvement cost estimate, and in a form approved by the Town of St. Francisville Attorney.

As each phase of improvements is installed and inspected by the building official or his duly authorized representative, the bond may be reduced by the cost of the installed improvements.

11.

Modification of approved site plan. The building official is authorized to approve minor modifications to an approved site plan. All modifications not listed as minor below shall be considered by the body that approved the original site plan. The following modifications shall be considered minor:

Up to ten (10) percent increase or any decrease in gross floor area of a single building;

Up to a ten (10) percent reduction or any increase in the approved setbacks from exterior property lines;

Relocation of parking areas, internal streets or structures where such relocation occurs more than one hundred (100) feet for exterior property lines.

12.

Appeal.

A final decision by the building official on a minor site plan may be appealed to the planning commission.

A final decision by the planning commission on a major site plan may be appealed to the board of aldermen.

13.

Expiration. A site plan expires after one (1) year where a final plat application has not been filed for all or part of said development.

Conditional use permit.

When required. A conditional use permit is required for any use or building type that requires particular considerations as to its proper location to adjacent, established or intended uses in a district, or to the planned growth of the community. More detailed information may be included with each specific section of this ordinance that establishes the uses requiring a conditional use permit and conditions controlling the location and operation of such special uses. Any change to a conditional use involving major structural alterations, enlargements, intensifications of use, or similar change must be approved in the same manner as the original conditional use.

Application and fees.

A pre-application conference with the building official is necessary.

All applications for a conditional use permit shall be filed in writing with the building official (See section 8.1.A, Common Review Procedures). The application shall include material necessary to demonstrate that the grant of a conditional use will be in harmony with the general intent and purpose of this ordinance, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material required may include but is not limited to the following, when applicable:

Site and development plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking and off-street loading access, refuse and service areas, and required yards and open spaces.

ii.

Plans showing proposed locations for utilities hook-ups.

iii.

Plans for screening, buffering and landscaping.

iv.

Proposed signs and lighting, including type, dimensions and character.

Review by building official. The building official may refer the application to other affected or interested agencies for review and comment.

Review by design review board.

The design review board shall review the plan and provide such information and guidance it deems appropriate in the form of a written report and recommendations.

Public hearing and decision by planning commission.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the planning commission shall recommend to approve, approve with conditions, or deny the proposed conditional use permit within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

In making this recommendation, the planning commission shall consider the recommendation of the building official, design review board report and comments, relevant comments of all interested parties and the review criteria in section 8.1.F.7.

The commission may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties. These conditions may include, but are not limited to the following:

Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion or traffic;

ii.

Increase the required lot size or yard dimension;

iii.

Limit the height, size or location of buildings, structures and facilities;

iv.

Control the location and number of vehicle access points;

Increase the street width;

vi.

Increase the number of required off-street parking spaces;

vii.

Limit the number, size, location or lighting of signs;

viii.

Require additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property;

ix.

Designate sites for open space;

Provide ease of access to major roadways; or

xi.

Assure that the degree of compatibility to the surrounding land use shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which the use is proposed to be located.

Public Hearing and Decision by the board of aldermen.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the council shall accept, accept with conditions, or deny the planning commission's recommendation on the conditional use permit within thirty (30) days of the planning commission's final action.

In making this recommendation, the council shall consider the recommendations of the building official and the planning commission, relevant comments of all interested parties and the review criteria in section 8.1.F.7.

The board of aldermen may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties. Such conditions may include, but are not limited to, additional screening or buffering, limitations in scale or limitations to hours of operation.

Failure to act shall result in an approval of the planning commission's recommendation.

Review criteria. The planning commission and the board of aldermen shall consider the following criteria in approving or denying a conditional use permit:

The proposed conditional use permit is consistent with the pertinent elements of the Town of St. Francisville Master Plan and any other adopted plans.

The proposed development meets the requirements of this development code.

The proposed development will reinforce the existing or planned character of the neighborhood and the Town.

The conditional use permit complies with any specific use standards or limitations in section 8.1.F of this ordinance.

Any adverse impacts on adjacent properties attributable to the conditional use have been minimized or mitigated.

Effect of denial. The denial of a conditional use permit application shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.

Appeal. A final decision by the board of aldermen on a conditional use permit may be appealed to the West Feliciana Parish Civil District Court.

10.

Expiration.

A conditional use permit shall expire after twelve (12) months if a building permit application has not been filed.

Where conditional use has been granted but no substantial construction other than clearing and grubbing has been executed within twelve (12) months from date of such conditional use permit, the property shall revert to its original state prior to such conditional use.

Once the building is constructed and occupied, the conditional use permit shall expire after six (6) months if the use is abandoned or discontinued. The property owner and/or business must apply for a new conditional use, or upgrade to meet all requirements of this ordinance before occupancy.

Buildings that are actively available for lease and occupancy, or are being remodeled pursuant to permit shall not have its use considered abandoned or discontinued for twelve (12) months.

11.

Revocation of conditional use permit. If any conditions of a conditional use permit or other requirements of this ordinance are violated, the Town of St. Francisville may revoke the conditional use permit.

Zoning map amendment.

When allowed. The boundaries of zoning districts as shown on any zoning map may, from time to time, be amended or modified, as determined by the board of aldermen.

Application and fees.

A pre-application conference with the building official is required.

All applications for a zoning map amendment shall be filed in writing with the building official (See section 8.1.A, Common Review Procedures).

Review by building official. The building official may refer the application to other affected or interested agencies for review and comment.

Public hearing and decision by planning commission.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the planning commission shall recommend to approve, approve with conditions, or deny the proposed zoning map amendment within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

In making this recommendation, the planning commission shall consider the recommendations of the building official, relevant comments of all interested parties and the review criteria in section 8.1.I.6.

Public hearing and decision by the board of aldermen.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the board of aldermen shall accept, accept with conditions, or deny the planning commission's recommendation on the zoning map amendment within thirty (30) days of the planning commission's final action.

In making this recommendation, the board of aldermen shall consider the recommendations of the building official and the planning commission, relevant comments of all interested parties and the review criteria in section 8.1.I.6.

Failure to act shall result in an approval of the planning commission's recommendation.

Review criteria. The planning commission and the board of aldermen shall consider the following criteria in approving or denying a zoning map amendment:

The proposed zoning map amendment is consistent with the pertinent elements of the Town of St. Francisville Master Plan and any other adopted plans.

The proposed zoning map amendment is consistent with the adjacent zoning classifications and uses.

The proposed zoning map amendment will reinforce the existing or planned character of the neighborhood and the town.

The site is appropriate for the development allowed in the proposed district.

There are substantial reasons why the property cannot be used according to existing zoning.

Public facilities and services including schools, roads, recreation facilities, wastewater treatment, water supply, stormwater management, police and fire are adequate for the development allowed in the proposed district.

The zoning map amendment will not substantially or permanently injure the appropriate use of adjacent conforming properties.

Effect of denial. The denial of a zoning map amendment application shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.

Appeal. A final decision by the board of aldermen on a zoning map amendment may be appealed to the West Feliciana Parish Civil District Court.

Expiration. An approved zoning map amendment shall not expire.

Planned unit development.

Components of a planned unit development.

Approval of an overlay and concept plan by the board of aldermen; and

Approval of subsequent subdivision plats and site plans consistent with the concept plan.

Intent of planned unit development. A planned unit development is intended to encourage innovations in development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, use, design and layout of sites and buildings, and by the conservation and more efficient use of open spaces and other amenities generally enhancing quality of life. Planned unit developments are not intended to circumvent traditional zoning requirements, but rather enhance existing zoning to promote a harmonious variety of uses, and/or provide an economy of shared services and facilities to foster the creation of attractive, healthful, efficient and stable environments for living, shopping or working. The regulations contained within planned development concept plans are intended to have enough flexibility to produce each of the following:

Maximum housing choice in the types of living environments.

Open space and recreational areas directly related to the intended users, and if permitted as part of the project, more convenience in the location of accessory commercial uses and services;

A development pattern which preserves and utilizes natural topography, scenic vistas, trees and other vegetation, and prevents erosion and the disruption of natural drainage patterns;

A stable development in character with the land use density, transportation facilities, and community facilities objectives of the Town of St. Francisville Master Plan;

A higher quality site design than would be possible through the strict application of other available zoning districts.

Eligibility. The PUD district is designed to allow an applicant to submit a proposal for consideration, for any uses or mixture of uses that are consistent with the Town of St. Francisville Master Plan, and to allow the town to approve any proposal that it determines to be in the best interest of the public health, safety and welfare, along with any conditions or requirements or limitations thereon that the town deems advisable. The approval of a planned unit development request rests with the planning commission and the board of aldermen. However, no rezoning to a planned unit development shall be eligible for approval unless the following minimum conditions are met:

The minimum area required for an application to develop a planned unit development is three (3) acres for purely residential developments and five (5) acres for mixed-use, commercial and industrial developments.

The tract of land for which the planned unit development is made shall be contiguous with sufficient width and depth to accommodate the proposed use.

All land included for the purpose of development within a planned unit development shall be owned by or be under the complete control of the applicant for such zoning designation. The applicant shall provide the town all of the necessary documents and information that may be required, as determined by the town attorney, to assure that the development project may be lawfully completed according to the plans sought to be approved. No application shall be considered until the applicant fully complies with the requirements of this section.

Application and fees.

A pre-application conference with the building official is required.

All applications for a planned unit development shall be filed in writing with the building official (See section 8.1.A Common Review Procedures).

The application shall include the following additional materials:

A narrative explaining and tabulating the land uses by net acre, number of dwelling units by housing type, residential density, open space acreage, square footage of nonresidential uses per net acre, and the relationship of the proposed development to existing development in the area and other related development features.

ii.

A concept plan schematically showing major streets, major utilities, land uses, access to existing streets, major open space and a conceptual drainage plan.

The applicant may provide concurrent applications for site plan or subdivision review.

Review by building official. The building official may refer the application to other affected or interested agencies for review and comment.

Review by design review board.

The design review board shall review the plan and provide such information and guidance it deems appropriate in the form of a written report and recommendations.

Public hearing and decision by planning commission.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the planning commission shall recommend to approve, approve with conditions, or deny the proposed planned unit development and concept plan within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

Public hearing and decision by the board of aldermen.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the board of aldermen shall accept, accept with conditions, or deny the planning commission's recommendation on the planned unit development within sixty (60) days of the planning commission's final action.

In making this recommendation, the board of aldermen shall consider the recommendations of the building official and the planning commission, design review board report and comments, relevant comments of all interested parties and the review criteria in section 8.1.H.8.

Failure to act shall result in an approval of the planning commission's recommendation.

Review criteria. The planning commission and the board of aldermen shall consider the following criteria in approving or denying a planned unit development:

The proposed development is consistent with the pertinent elements of the Town of St. Francisville Master Plan and any other adopted plans.

The proposed development is consistent with the standards and uses of the underlying and adjacent zoning districts.

The proposed development will reinforce the existing or planned character of the neighborhood and the town.

The site is appropriate for the development proposed in the concept plan.

The proposed development demonstrates a higher quality of site design than is possible under other available zoning districts, and is not used solely to avoid the requirements of the base zoning district.

The proposed development will not substantially or permanently injure the appropriate use of adjacent conforming properties.

10.

Action following approval. Approval of a planned unit development concept plan authorizes the submission of subdivision plats and site plans consistent with the concept plan approval.

11.

Modification of a concept plan. The building official is authorized to approve minor modifications to an approved concept plan. The board of aldermen shall consider all modifications not listed as minor below, consistent with the original approval of the planned unit development concept plan. The following modifications shall be considered minor:

Up to ten (10) percent increase or any decrease in gross floor area of a single building;

Up to a ten (10) percent reduction or any increase in the approved setbacks from exterior property lines;

Relocation of parking areas, internal streets or structures where such relocation occurs more than one (100) hundred feet for exterior property lines.

12.

Effect of denial. The denial of a planned unit development concept plan shall ban the subsequent application for the same or similar use at the same location for a period of twelve (12) months.

13.

Appeal. A final decision by the board of aldermen planned unit development concept plan may be appealed to the West Feliciana Parish Civil District Court.

14.

Expiration. A planned unit development concept plan expires after two (2) years if no preliminary plat, site plan or building permit has been filed.

Zoning text amendment.

When allowed. The regulations of this ordinance may, from time to time, be amended supplemented, changed, modified or repealed, as determined by the board of aldermen.

Application and fees.

A pre-application conference with the building official is optional.

All applications for a zoning map amendment shall be filed in writing with the building official (See section 8.1.A Common Review Procedures).

Review by building official. The building official may refer the application to other affected or interested agencies for review and comment.

Public hearing and decision by planning commission.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the planning commission shall recommend to approve or deny the proposed zoning text amendment within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

Public hearing and decision by the board of aldermen.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the board of aldermen shall accept or deny the planning commission's recommendation on the zoning text amendment within thirty (30) days of the planning commission's final action.

Failure to act shall result in acceptance of the planning commission recommendation.

Review criteria. The planning commission and the board of aldermen shall consider the following criteria in approving or denying a zoning text amendment:

The proposed zoning text amendment is consistent with the pertinent elements of the board of aldermen master plan and any other adopted plans;

The proposed zoning text amendment is consistent with the remainder of this ordinance;

The extent to which the zoning text amendment represents a new idea not considered in the existing code, or represents revisions necessitated by changing conditions over time, or whether or not the text amendment corrects an error in this ordinance; and

Whether or not the text amendment revises this ordinance to comply with state or federal statutes or case law.

Appeal. A final decision by the board of aldermen on a zoning text amendment may be appealed to the West Feliciana Parish Civil District Court.

Expiration. A zoning text amendment shall not expire.

Development agreements.

When allowed. The Town of St. Francisville may enter into a development agreement with any public or private entity in accordance with this section.

Contents.

A development agreement must specify the following:

Definition of the parties involved in the agreement;

ii.

A legal description of the piece of property scheduled for development;

iii.

The duration of the agreement;

iv.

The permitted uses of the property;

The density or intensity of use;

vi.

The maximum height and size of proposed buildings; and

vii.

Provisions for reservation or dedication of land for public purposes.

The development agreement may also include the following:

Conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restriction and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.

ii.

Provisions for the commencement, phasing and completion of construction and other obligations such as landscaping, parking and other site development regulations.

iii.

Terms and conditions relating to financing of necessary public facilities by the applicant and subsequent reimbursement of the applicant over time.

Rules, regulations and official policies.

Unless otherwise provided by the development agreement, the rules, regulations and official policies governing permitted uses of the land, density and design, improvement, and construction standards/specifications applicable to development of the property subject to the development agreement shall be those rules, regulations and official policies in force at the time of the agreement.

A development agreement shall not prevent the Town of St. Francisville, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth herein.

A development agreement shall not prevent the Town of St. Francisville from approving or denying any subsequent development project application on the basis of such existing or new rules, regulations and policies.

Public hearing and decision by planning commission. Following notice and a public hearing as required by section 8.1.A of this ordinance, the planning commission shall recommend to approve, approve with conditions, or deny the proposed development agreement within sixty (60) days of filing of a complete application, except where such time period is extended by the applicant.

Public hearing and decision by the board of aldermen.

Following notice and a public hearing as required by section 8.1.A of this ordinance, the Town of St. Francisville shall approve, approve with conditions, or deny the proposed development agreement the planning commission's recommendation on the zoning text amendment within thirty (30) days of the planning commission's final action.

A development agreement shall be approved by ordinance by the board of aldermen.

Failure to act shall result in an acceptance of the planning commission's recommendation.

Amendment or cancellation. A development agreement may be amended or cancelled in whole or in art by mutual consent between the parties or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided in section 8.1.A, Common Review Procedures.

Recording copy of agreement; effect. No later than ten (10) days after the Town of St. Francisville enters into a development agreements, a copy of the agreement shall be filed with the West Feliciana Parish Clerk of Courts, which shall describe the land subject to the agreement. From and after the time of such recordation, the agreement shall impart such notice to all persons as is afforded by the recording laws of the state. The burdens of the agreement shall be binding upon and the benefits of the agreement shall inure to all successors in interest to the parties of the agreement.

Modification or Suspension. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

Periodic review; termination or modification. Any development agreement shall provide for periodic review at least every twelve (12) months, at which time the applicant or his successor in interest thereto shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the applicant or successor in interest thereto has not complied on good faith with the terms or conditions of the agreement, the board of aldermen may terminate or modify the agreement.

10.

Enforcement. Unless amended, cancelled, modified or suspended, a development agreement shall be enforceable by any party to the agreement notwithstanding and change in any applicable general or specific plan, zoning, subdivision or building regulation adopted by the Town of St. Francisville entering the agreement which alters or amends the rules, regulations or policies specified in this ordinance.

11.

Restrictions on authority. Nothing in the procedure shall be construed to authorize property use contrary to existing zoning classifications or to authorize the reclassification of such zones.

Certificates of appropriateness for historic district.

When required. A certificate of appropriateness is required before the commencement of any work in the historic district that involves the following:

Erection of any new building or other construction in a historic district.

Alteration or addition to any existing structure in a historic district, including, but not limited to fences, boundary walls, light fixtures, steps paving or other appurtenant fixtures.

Painting and major repairing of any existing building situated within a historic district.

Relocation of any building into a historic district.

Movement, excavation or destruction of any earthworks of historical or archaeological importance.

Construction or refurbishment of any signage.

"Demolition by neglect" as regulated in the Town of St. Francisville Code of Ordinances.

When not required. A certificate of appropriateness is not required in the following instances:

Ordinary maintenance or repairs to structures that do not involve a change of design, color, material, or the outward appearance of the structure.

Where a permit was issued prior to the establishment of the historic district within which the permitted structure or site is located.

When the board has issued a ruling of economic hardship or has otherwise overruled the historic district commission on appeal.

If ordered by final decision of a court of competent jurisdiction.

Other actions clearly exempted in rules adopted by the historic district commission.

Application and fees.

A pre-application hearing with the building official is necessary.

All applications for certificates of appropriateness shall be filed in writing with the historic district commission (See section 8.1.A, Common Review Procedures), in a form prescribed by the historic district commission. Said application shall contain the following:

Site and development plans at an appropriate scale showing proposed placement of structures on the property and required yards and open spaces;

ii.

The proposed appearance, color, texture, or materials and to the architectural design of the exterior, including the front, sides, rear and roof of such buildings; and

iii.

Alterations and/or additions of any building, out-building, accessory structure, party wall, courtyard, sidewalk, driveway, parking area, fence, sign or other dependency thereof.

Building permits. No building permit shall be issued without a certificate of appropriateness from the historic district commission.

Appeal. Any person or persons aggrieved by any decision, act or proceedings of the historic district commission shall have the right to apply in writing to the board of aldermen within ten (10) days for reversal or modification thereof; and the mayor, or presiding officer of the board of aldermen, shall have the right to stay all further action until the board of aldermen shall have an opportunity to rule thereon. The board shall hear the matter within forty-five (45) days and decide the appeal by a majority vote of its members.

                    
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