§ 42. Amendment procedure.

A.

By whom initiated. Amendment to this ordinance may be requested by the Town of Ball, the Rapides area planning commission, the Ball zoning commission, or by any person, firm or corporation.

B.

Amendment application. An application for amendment to this ordinance submitted by any person, firm or corporation other than the Town of Ball or the Ball zoning commission shall contain at least the following:

1.

Interest and ownership. The applicant's name, address and interest in the application, the concurrence of the owner or owners of the entire land area and structures to be included within the proposed district with evidence that the applicant actually intends to develop the designated area and has both the means and ability to do so.

2.

Plat. A plat showing the land area which would be affected, the proposed zoning classification of the area.

3.

Error. The error in this ordinance that would be corrected by the proposed amendment.

4.

[ Improvement details. ] If the request for an amendment is made by any person, firm or corporation seeking to place specific improvements upon the land sought to be reclassified, then the amendment application shall include specific plans detailing the improvements intended to be placed thereon.

4[5].

Certification of qualification. A statement signed by the applicant or his engineer verifying that the plans and specifications filed with the application for amendment meet all requirements of the Ball zoning ordinance, as well as all other ordinances, rules and regulations of the Town of Ball.

C.

Processing procedures.

1.

Upon receipt of a completed application for amendment, the zoning administrator shall examine the application and shall make such investigation as is necessary.

2.

Within ten days of the receipt of an application, the zoning administrator shall transmit the application, together with his report to the Ball zoning commission, the Rapides area planning commission, and/or the Ball board of aldermen, as appropriate.

3.

Within 20 days of receipt of an application, a preliminary meeting shall be held to review the application and prepare it for transmittal to the full zoning commission. Within 24 hours following this preliminary meeting the requestor shall be informed of any additional information that may be needed. This preliminary meeting shall be attended by the chairman of the zoning commission, one other member of the zoning commission, the zoning administrator and the special advisor to the zoning commission.

D.

Preliminary hearing by zoning commission. The zoning commission shall hold a preliminary hearing on each application for amendment to this chapter and shall notify the applicant and the zoning administrator of the time and place of such preliminary hearing. After holding a preliminary hearing the commission shall certify the application for public hearing.

E.

Public hearing by zoning commission.

1.

The zoning commission shall fix a reasonable time for a public hearing and shall give public notice thereof according to law, as well as notice to the applicant and to the zoning administrator.

a.

Notice of the time and place of the hearing shall be published at least three times in the official journal of the Town of Ball.

b.

At least ten days shall elapse between the date of first publication of said notice and the date of the hearing.

c.

The zoning commission may also notify the owners of surrounding property by mail.

2.

No later than seven days before the public hearing date the applicant shall:

a.

Furnish the zoning commission with such additional information as it may request;

b.

Furnish the zoning commission with the name, description of property owned and mailing address of each owner of property lying within a distance of 300 feet of all of the various sides of the property the classification of which is sought to be changed.

F.

Records. The zoning commission shall prepare a record of its proceedings for each case to be filed in the office of the commission which is to remain a public record. A copy of the record or proceedings shall be transmitted to the mayor and board of aldermen containing their decisions and recommendations.

G.

Legislative disposition. The mayor and board of aldermen shall examine all applications and shall take further action. Before enacting any amendment, the board of aldermen shall hold a public hearing and shall give public notice, as required by law, specifically R.S. 33:4724.

1.

Conditions. Conditions fixed in amendments relating to zoning map amendments shall be construed to be covenants running with the land in the area involved and shall be binding upon applicants for amendments, their heirs, successors and assigns.

2.

Reconsideration. No land for which an application for reclassification has been acted upon in a public hearing by the board of aldermen and mayor shall be considered again by the zoning commission for the same classification until at least six months from the date such application was acted upon.

H.

Failure to adhere to plans and specifications and permit application. If a person, firm or corporation is required to include specific plans and specifications in the application for an amendment as provided for in part B(4) hereinabove, then those specific plans and specifications must be strictly adhered to and said adherence is specifically made a requirement and condition in order to obtain the reclassification.

1.

Failure to adhere to plans and specifications. If the person, firm or corporation fails to adhere to the submitted plan the reclassification sought and obtained shall be declared null and void and said classification shall lapse back to the original zoning classification which was assigned to the land prior to the filing of the amendment application by the person, firm or corporation.

2.

Time for completion of project. If the granting of reclassification contains the condition that the person, firm or corporation complete the project specified in their plans and specifications within a certain amount of time, and the person, firm or corporation fails to complete the project within the amount of time set forth by the zoning commission and the town council, then the issue of timeliness shall be brought before the zoning commission for hearing to determine whether the reasons for untimely completion are valid. If the zoning commission finds that the reasons for untimely completion are not valid, then the zoning commission can take whatever action necessary to enforce compliance with the time requirements, including, but not limited to, reclassification of the property back to its original classification and ordering the person, firm or corporation to remove any incomplete buildings or other improvements and return the property to the condition it was in prior to the filing of the amendment application.

(Ord. No. 146-D-99, § 42, 1-5-2000; Ord. No. 205-2006, 3-21-2006)