2020-0244
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
(DEPARTMENT OF PLANNING & ZONING)
ORDINANCE NO. ___________
Title
An ordinance to amend the St. Charles Parish Zoning Ordinance of 1981, as amended, Section XV.D to require rezoning requests to meet a minimum of two (2) rezoning guidelines and criteria in order to receive a recommendation for approval from Planning Staff and also to clarify the language; and to amend Section XV.E to eliminate a typographical error.
Body
WHEREAS, St. Charles Parish established zoning districts with certain boundaries “for the purpose of promoting the public health, safety, morals, and general welfare” which are depicted on the “Official Zoning Map of St. Charles Parish, Louisiana”; and,
WHEREAS, Zoning encourages neighborhoods to develop in an orderly way by grouping compatible uses and separating incompatible uses; and,
WHEREAS, Section XV establishes the procedure to amend the map or “rezone” property and identifies three Rezoning guidelines and criteria by which a request to rezone should be evaluated; and,
WHEREAS, The St. Charles Parish Council wishes to preserve the integrity of the “Official Zoning Map of St. Charles Parish, Louisiana,” by requiring a rezone request to meet a majority of the Rezoning guidelines and criteria in order to receive a recommendation for approval from Planning Staff.
NOW, THEREFORE, THE ST. CHARLES PARISH COUNCIL ORDAINS:
That the St. Charles Parish Code of Ordinances, Appendix A.XV.D. is amended as follows, with additional text in underline and deleted text in strikethrough:
D. Rezoning guidelines and criteria: Before the Commission makes a recommendation or the Council rezones property; tThere proponent for a change should be present reasonable factual proof by the proponent of a change that two one or more of the following criteria are met:
1. The proposed rezoning conforms to land development pattern established by the St. Charles Parish Comprehensive Plan Future Land Use Map and does not create a spot zoneing that is incompatible with the surrounding neighborhood.
2. The Land-use pattern or character has changed to the extent that the existing zoning no longer allows reasonable use of the applicant's property, and that the proposed zoning does. One or more of following examples may be used in evaluating reasonableness: In order to determine what is reasonable use of the property, the proponent for the zoning change should consider one or more of the following:
a. Consideration of uses on adjacent properties that would limit the use of the site under consideration.
b. Consideration of unique or unusual physical or environmental limitations due to size, shape, topography or related hazards or deficiencies.
c. Consideration of changes in land value, physical environment or economic aspects which can be shown to limit the usefulness of vacant land or buildings.
3. Potential uses permitted by the proposed rezoning will not be incompatible with existing neighborhood character nor will they overburden public facilities and infrastructure.
The Planning Staff shall base rezoning analyses on these criteria but shall not be prohibited from factoring unique circumstances of the application into the analysis. The Planning and Zoning Commission may state in its recommendations to the Council: its concurrence with, or rejection of, any or all of the proponents' case for the suggested amendment, and/or its position relative to proponents' statements on the case. Planning Staff analyses and recommendations shall be forwarded to the Council along with the Commission's recommendations.
E. Rezoning approval criteria: Before the Council votes to approve a rezoning, there should be reasonable factual proof by the applicant that:
1. The proposed map amendment is in compliance, or is not in conflict, with the goals and recommendations of the St. Charles Parish Comprehensive Plan and Future Land Use Map, and also . and
2. The proposed map amendment does not negatively impact the health, safety, and welfare of the community.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2020, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________