2008-0145
INTRODUCED BY: V.J. ST. PIERRE, PARISH PRESIDENT
(DEPARTMENT OF PLANNING AND ZONING)
ORDINANCE NO. ___________
Title
An ordinance to provide variance and waiver procedures for Special Exception and Special Permit Uses.
Body
WHEREAS, Ordinance # 98-9-2 provides that in cases where Special Exceptions and Special Permits are required for a proposed land use, the Zoning Board of Adjustments shall have no authority to grant variances; and,
WHEREAS, that provision of law removes the ability of the parish to evaluate individual circumstances based on unique land use considerations; and
WHEREAS, that provision leaves an applicant with no local appeal of Special Exceptions and Special Permits for waivers and variances; and,
WHEREAS, land use decisions should be made by the Parish of St. Charles and not remanded to the court system; and,
WHEREAS, the St. Charles Parish Planning Commission and the St. Charles Parish Council can and should review applications to waivers or variances for Special Exception and Special Permits.
NOW, THEREFORE, THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
Section 1 That Appendix A. Section III.67 is amended to read as follows:
67. Special exception uses and special permit uses:
a) Special exception uses: Those building or land uses requiring approval by the Planning and Zoning Department prior to development of the use under question. If a waiver or variance is required for a proposed Special Exception Use, it shall require a Special Permit for the same land use.
b) Special permit uses: Those building or land uses requiring in-depth review and analysis by the Planning and Zoning Department and Commission. Following review by the Planning and Zoning Department, a public hearing will be held by the Planning and Zoning Commission. The Planning and Zoning Department shall post a sign on the affected property which calls attention to the public hearing at least ten (10) days prior to that hearing date. Similar noti...
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