§ VII. Administration and enforcement.  


Latest version.
  • A.

    GENERAL PROVISIONS FOR ADMINISTRATION AND ENFORCEMENT

    1.

    Applicability to all land and structures. No land shall be used or occupied and no structure shall be erected, altered, used, or occupied except in conformity with all regulations herein established and upon performance of all conditions herein set forth.

    2.

    Permits and licenses. No building or other permit, license, or other documents of approval, the use of which may be subject to the provisions of this ordinance, shall be issued by any department, agency, or board of the municipality until the Office of Zoning Administration shall have certified that the use to be made of the permit, license, or other document is in full compliance with the provisions of this ordinance.

    3.

    Certificate of occupancy. Except as hereinafter provided, no structure, or land shall be used, occupied, or changed in use until a Certificate of Occupancy shall have been issued therefor by the Office of Zoning Administration, stating that the proposed use of land or the structure and the proposed use thereof is in full compliance with the provisions of this ordinance.

    a.

    Structures. Application for a Certificate of Occupancy for a new structure or for an existing structure to be altered shall be made coincident with application for a building permit; after erection or alteration of such structure shall have been completed in compliance with the provisions of this ordinance and within three clear legal days after written request is made to the Office of Zoning Administration the Certificate of Occupancy shall be issued.

    b.

    Land. Application for a Certificate of Occupancy for the use of vacant land or for a change in the character of the use of land shall be made before any such land is occupied or used, and a Certificate of Occupancy shall be issued by the Office of Zoning Administration within three clear, legal days if such proposed use or change in use is in compliance with the provisions of this ordinance.

    c.

    Farming, truck gardening and livestock raising. The use of land for farming, truck gardening, and livestock raising and the erection and alteration of structures that are accessory to such use of the land are exempted from the requirement for a Certificate of Occupancy.

    4.

    Plans required. Each application for a Certificate of Occupancy for a new structure or for the alteration of an existing structure shall be accompanied by a drawing or plat, in duplicate, showing the site plan, the location of the building on the site, accurate dimensions of the building and site, location of off-street parking and off-street loading spaces required, and such other information as may be necessary for the enforcement of these regulations.

    5.

    Prior building permits. Nothing herein contained shall require any change in the plans, construction, or designated use of a structure for which a building permit has been heretofore legally issued and the construction of which shall have actually begun within ninety days of the date of such permit and which entire structure shall be completed, according to such plans as are filed, within two years after the effective date of this ordinance; provided, however, that any permit which does not authorize the alteration or erection of a designated structure on the basis of complete plans and specifications shall not be deemed a building permit and shall not come within the foregoing exclusion.

    6.

    Offenses and liabilities preserved. All offenses committed and all liabilities incurred prior to the effective date of this ordinance shall be treated as though all prior applicable zoning ordinances and amendments thereto were in full force and effect for the purpose of sustaining any proper suit, action, or prosecution with respect to such offenses and liabilities.

    7.

    Violations. Any person, firm, or corporation violating any provision of this ordinance shall be fined upon conviction not less than five dollars nor more than one hundred dollars or imprisoned for not more than ten days or both, for each offense; each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any penalty hereunder shall not preclude the municipality or any proper person from instituting any appropriate action or proceedings to require compliance with the provisions of this ordinance and with administrative orders and determinations made hereunder.

    B.

    OFFICE OF ZONING ADMINISTRATION

    1.

    Establishment. There is hereby established an Office of Zoning Administration, hereinafter called the "Office"; there is hereby vested in the Office the duties of administering and enforcing this ordinance and the power necessary for such administration and enforcement. The Zoning Administrator shall be the officer in charge of the Office.

    2.

    Administration. In carrying out its administrative duties the Office shall:

    a.

    Building permits, certificates of occupancy, special plans. Review all application for Building Permits, Certificates of Occupancy, and approvals of special plans hereunder; approve or disapprove such applications as they relate to zoning and make the necessary certifications and issue the necessary certificates and approvals of special plans.

    b.

    Applications for amendment. Receive all applications for amendments to this ordinance, including the Zoning Map; refer such applications to the Planning Commission for examination and hearing and submit to the City Commission all such applications together with the recommendations of the Planning Commission.

    c.

    Procedures. Establish and administer rules and regulations for proceedings with and within the Office, together with the regular forms for such proceedings, and a schedule of fees for processing amendments, issuing Certificates and registering in its records those matters and things required by this ordinance to be registered.

    d.

    Zoning map. Maintain the Zoning Map showing the current classification of all land.

    e.

    Record of actions. Maintain records of all action taken by the Office under this ordinance.

    f.

    Zoning commission. Intervene for and on behalf of the Municipality in all public hearings before the Zoning Commission, present facts and information to assist the Commission in reaching a decision, resist and oppose any deviations from the standard provisions of this ordinance and have decisions of the Zoning Commission reviewed in a court of proper jurisdiction when, in the judgment of the Zoning Administrator and with the approval of the Mayor, such review is desirable.

    g.

    Initiation of amendments. Propose and recommend the enactment of such amendments to this ordinance, including the Zoning Map as are made desirable or necessary because of changing conditions or because of judicial or administrative proceedings or for the purpose of improving administration and enforcement, all in accordance with the Amendment Procedure set forth herein.

    3.

    Enforcement. In carrying out its enforcement duties the Office shall:

    a.

    Investigations and surveys. Conduct investigations and surveys to determine compliance or non-compliance with the provisions of this ordinance. Incidental to such surveys and investigations, an authorized representative of the Office may enter into and upon any land or structure other than a dwelling to be inspected or examined.

    b.

    Enforcement. Issue written orders requiring compliance with the provisions of this ordinance; such orders shall be served personally or by registered mail upon the person, firm, or corporation deemed by the Office to be violating the provisions of this ordinance; provided, however, that if such person, firm, or corporation is not the owner of the land on or the structure in which the violations is deemed to exist or to have occurred, a copy of the order shall be sent by registered mail to the owner of such land or structure, the owner to be determined from the tax roll for the preceding year in the office of the Tax Assessor of Natchitoches Parish. The date of mailing shall be deemed the date of service of any order served by registered mail.

    c.

    Legal proceedings. Institute, in courts of proper jurisdiction, proceedings for the enforcement of the provisions of this ordinance and administrative orders and determinations made hereunder when in the judgment of the Zoning Administrator and with the approval of the Mayor such measures are desirable.

    4.

    Appeals from the office. Any person aggrieved or any officer or department may appeal to the Zoning Commission from any order or decision of the Office.

    a.

    Procedure. Such appeal shall be taken by filing with the Office and with the Zoning Commission, within the time provided by the rules of the Commission, a notice of appeal specifying the particular grounds upon which the appeal is taken. Upon receipt of a notice of appeal, the Office shall transmit to the Zoning Commission all of the original documents and materials, or true copies thereof, constituting the record upon which the order or decision appealed from was based.

    b.

    Effect of appeal. An appeal from the Office to the Zoning Commission shall stay all proceedings unless the Zoning Administrator certifies that, by reason of the facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. When such certificate is filed, proceedings shall not be stayed except by a restraining order granted, after due notice to the Office, by the Zoning Commission or a court of proper jurisdiction.