ORDINANCE CALENDAR NO. 2815 ORDINANCE COUNCIL SERIES NO.
WHEREAS, the St. Tammany Parish Council deems it appropriate and necessary to amend the
rules by which the St. Tammany Parish Zoning Commission conducts such hearings to assure fair and
proper consideration of all petitions which are presented to the Commissions.
THE PARISH OF ST. TAMMANY HEREBY ORDAINS that the St. Tammany Parish Code of
Ordinances, Chapter 18, Article IV, be amended as follows:
Delete Sections 18-051.00 through 18-057.00 in entirety (See Attachment 1) and substitute the following:
Section 18-051.00 Zoning Commission Membership
.J j.
Each person newly appointed and serving on the Zoning Commission shall receive at least
four (4) hours of continuing education credits. Each year thereafter, the Commissioner shall
attend the mandatory four hour (4) training sessions provided by the St. Tammany Parish
Government. Should a Commissioner be unable to attend the mandatory training session,
that Commissioner will not take part in Commission functions until the training
requirement has been met. Should the Parish sponsored training session not be available,
an alternative training session as determined by the Director of Planning with concurrence
of the Parish President and Chairman of the Parish Council may be substituted.
Section 18-051.03 Planning Staff
a a.
To hear, review and propose amendments to the adopted St. Tammany Parish Land Use
Regulation Ordinance No. 523, as amended;
Section 18-051.07 Meetings, Hearings, and Procedures
b b.
Prior to the introduction of agenda items, the Chair shall inform the assembly of the order
of business at hand and the order of the presentation in consideration of agenda items, and
shall instruct the assembly on the appropriate procedures for addressing the Commission.
e e.
No official action shall be taken by the Commission on items presented at the seminar.
The committee may supplement the scope of work with a work plan should it choose to
develop one.
Section 18-051.14 Rules Of Conduct For Commissioners
d. Commission members shall not publically advocate or promote individual positions or
opinions as an official position of the Commission, unless the Commission has first acted
on the matter.
SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such invalidity
shall not affect other provisions herein which can be given effect without the invalid provision and to this
end the provisions of this Ordinance are hereby declared to be severable.
EFFECTIVE DATE: This Ordinance shall become effective fifteen (15) days after adoption.
MOVED FOR ADOPTION BY: , SECONDED BY:
YEAS:
NAYS:
ABSTAIN:
ABSENT:
THIS ORDINANCE WAS DECLARED ADOPTED AT A REGULAR MEETING OF THE
PARISH COUNCIL ON THE DAY OF 2004; AND BECOMES ORDINANCE
COUNCIL SERIES NO. 04- .
Published introduction: March 25 , 2004
Delivered to Parish President: , 2004 @
COUNCIL SPONSOR BRISTER/PRESIDENT PROVIDED BY: PLANNING DEPT.
INTRODUCED BY: SECONDED BY:
ON THE DAY OF 2004
ORDINANCE TO AMEND CHAPTER 18, ARTICLE IV OF THE ST.
TAMMANY PARISH CODE OF ORDINANCES RELATIVE TO THE
ST. TAMMANY PARISH ZONING COMMISSION
WHEREAS, the St. Tammany Parish Zoning Commission is charged with the responsibility of
holding the legally required public hearings on the behalf of the St. Tammany Parish Government for all
zoning requests; and
.A a.
The membership shall be composed of eleven (11) members
.B b.
The Parish President shall have the unilateral and exclusive right to nominate and appoint
two (2) members to be considered At-Large members. These exclusive appointments by
the Parish President do not require action by resolution or ordinance.
.C c.
The Parish Council, by resolution, shall have the unilateral and exclusive right to nominate
and appoint nine (9) members.
.D d.
Any member who fails to appear at two (2) consecutive Zoning Commission meetings shall
be automatically removed. Members appointed by the Parish Council may also be removed
at any time, with or without cause, by a majority vote of the Parish Council.
.E e.
Any vacancy created herein, and as specifically to the nine (9) Parish Council appointments
shall be filled by Council resolution.
.F f.
Any vacancy created by the death, resignation or replacement of an at-large member may
be filled unilaterally and exclusively by the Parish President at any time.
.G g.
Terms of all Zoning Commission members shall be concurrent with the terms of office of
the Parish President and Parish Council.
.H h.
Zoning Commission members shall receive a per diem of FIFTY DOLLARS ($50.00) for
each meeting of the commission attended, for a maximum of twenty-four (24) meetings per
year.
.I i.
No member shall run for or hold an elected public office while seated as a Zoning
Commissioner.
PAGE 2 OF 10
Section 18-051.01 Chairman and Vice-chairman
a a.
At the first regular meeting of each calendar year, the members of the Commission shall
elect one of their number as Chairman and one of their number as Vice- Chairman, and the
terms shall commence at that meeting.
b b.
In the absence of the Chairman, the Vice Chairman shall act as Chair and shall have all the
powers of the Chairman.
c c.
In the absence of both the Chairman and the Vice Chairman, a quorum of the Commission
may select an additional member to preside over the meeting.
d d.
The Chairman may appoint committees, comprised of members of the Commission, as well
as other persons, to serve the Commission as deemed necessary.
e e.
The Chairman may engage in discussion and vote in the same manner as any other member
of the Commission. If the Chairman does not declare a vote, it is assumed that the
Chairman has voted with the majority.
f f.
The Chairman may suggest motions but may neither make nor second motions.
Section 18-051.02 Secretary
f.a a.
The Director of the Department of Planning, or his designated representative, shall serve
as the Secretary to the Commission.
f.b b.
The Secretary shall keep the minutes of the proceedings of the Commission, and maintain
all records of the Commission meeting, hearings and proceedings. The minutes shall show
the vote of each member upon each question, or if absent or failing to vote, indicating that
fact. A copy of the minutes and actions of the Commission shall be filed with the Parish
Council.
f.c c.
The Secretary shall provide notices of hearings and meetings as may be required by law,
and shall prepare all agendas.
f.d d.
The Secretary shall receive, determine the completeness of, and review all applications.
f.e e.
The Secretary shall serve as the point of contact for all applicants, and shall collect and
compile information and report recommendations to the Commission. Said
recommendation shall be considered and ruled upon by the Commission following the
required public hearing.
PAGE 3 OF 10
The staff of the Department of Planning shall serve as the support staff of the Commission and may
be called upon to provide assistance in the performance of the duties of the Commission by the
Chairman for the entire Commission or upon the request of any member of the Commission. Staff
members shall also be designated as needed from the Department of Engineering and the
Department of Environmental Services.
Section 18-051.04 Powers and Duties
The Commission shall have the following powers and duties:
b b.
To adopt a master or comprehensive plan or elements thereof, including graphics, narrative
description and policies to guide and accomplish the coordinated, adjusted and harmonious
development of St. Tammany Parish;
c c.
To make careful and comprehensive surveys and studies of present and future growth of
St. Tammany Parish and to make periodic reviews and updates to the master plan or
comprehensive plan or portions thereof;
d d.
To review and report on any matter referred to it by the Parish President or the Parish
Council (i.e. Transportation Improvement Plan, Capital Improvement Program).
e e.
To make its special knowledge and expertise as a Commission available, upon reasonable
written request to any official, department or board.
f f.
To exercise all of the powers and duties conferred by Louisiana Revised Statutes Title 33,
Chapter 14, where applicable.
Section 18-051.05 St. Tammany Parish Council As Final Authority on Appeal
Any person claiming to be aggrieved by a decision of the Parish Zoning Commission may appeal
to the Parish Council, through the Parish Department of Planning, in written form within ten (10)
days following the Commission's hearing. The appeal may be heard by the Parish Council at its
next regularly scheduled meeting following the ten-day appeal period. The Parish Council shall
have the exclusive right to overturn any Zoning Commission decision by a majority vote of the
membership of the Parish Council.
Section18-051.06 Quorum and Necessary Vote
f.a a.
No business shall be conducted by the Commission without a quorum being present. Unless
otherwise herein specified, a quorum shall consist of six (6) members.
f.b b.
To constitute final action on any matter before it, a majority vote of the membership of the
Commission is required.
PAGE 4 OF 10
a a.
The regular Zoning Commission Meeting shall be held at 6:00 P.M. on the first Tuesday
of each month at the St. Tammany Parish Administrative Complex, except where holidays
or other conflicts shall require rescheduling.
b b.
Special Meetings may be called by the Chairman, or at the request in writing of any six (6)
members of the Commission, subject to proper legal notice.
c c.
All meetings shall be open to the public and shall be conducted in accordance with State
Open Meetings Laws and these Rules of Policy and Procedure.
d d.
The Commission shall sit only as the Zoning Commission for all Zoning applications
authorized by St. Tammany Parish Land Use Regulations Ordinance No. 523.
e e.
If necessary, the Zoning Commission and the Planning Commission may meet on the same
day. Separate agendas must be maintained for each Commission. If both meetings are held
on the same day, one meeting must adjourn before the second is commenced.
f f.
The Agenda for hearings and meetings of the Commission shall be prepared by the
Secretary with the approval of the Chair.
g g.
Matters that have arisen subsequent to the established filing deadline may be placed on the
next appropriate Commission meeting agenda by the Chairman provided that the request
is made to the Secretary prior to the deadline for final legal notice of the meeting and that
all other requirements for legal notification have been met.
h h.
The agenda shall constitute the fixed order of business for the particular public hearing or
meeting, and items shall be considered in the order of their appearance on the Agenda.
i i.
The Chair, without objection from the Commission, may arrange individual items on the
particular Agenda if necessary for the expeditious conduct of business, however, items shall
not be transferred from one Agenda to another
j j.
Applications for amendments to the Land Use Regulatory Ordinance No. 523 or
developmental reviews under this ordinance shall not be considered by the Commission
unless properly and completely filed for placement on the Agenda with the Secretary, in
accordance with the applicable filing procedures and provisions for public notice and the
filing deadlines established herein.
k k.
Other items of business (discussion items) not requiring action by the Commission may be
introduced under “Approval of the Agenda” and placed on the Agenda under “Discussion
Items” by the Chair with majority vote of the Commission
l l.
Any person wishing to introduce and/or distribute written or graphic materials at the public
hearing or meeting shall hand materials to the Secretary for proper recording and
distribution to the Chair and Commission.
m m.
The Commission shall review the draft minutes of their meetings as prepared by the
Secretary and approve or amend said minutes as is necessary to accurately reflect the
actions described. Upon adoption, these minutes become part of the public record.
PAGE 5 OF 10
Section 18-051.08 Parliamentary Rules
a a.
The latest edition of Robert's Rules of Order is hereby designated as the official Manual
of the Commission. If the Manual is in conflict with these Rules of policy and Procedure,
the Rules shall govern.
b b.
A Parliamentarian shall be appointed by the Chair.
c c.
The Chair shall be familiar with the contents of the manual and may consult with the
Parliamentarian of the Commission and to answer parliamentary inquiries directed to the
Chair.
d d.
The Chair shall determine when a motion, person or remark is out of order and shall use
the following procedure following such a determination:
1. Declare the motion, person or remark as “Out of Order”
2. Explain why the motion, person or remark is “Out of Order”
3. Tell the Commission what is now “In Order”
Section 18-051.09 Voting
a a.
The usual method of voting will be by machine vote. Should any confusion arise or should
this method be unavailable, then a roll call vote shall be taken.
b b.
Once the vote of the Commission is announced by the Chair, it shall be considered final
until and unless a motion to reconsider (in accordance with the Manual of the Commission)
is carried and a new vote is ordered by the Chair.
c c.
In the event of a conflict of interest which does not require a resignation in accordance with
the State of Louisiana Code of Government Ethics, Louisiana Revised Statutes Title 42,
Chapter 15, as amended, the involved Commissioner shall announce the conflict and shall
recuse himself from voting on or participating in the discussion of the matter giving rise to
the conflict.
d d.
Voting by Proxy will not be allowed.
e e.
The Chairman may engage in discussion and vote in the same manner as any other member
of the Commission. If the Chairman does not declare a vote, it is assumed that the
Chairman has voted with the majority.
f f.
The Chairman may suggest motions but may neither make nor second motions.
Section 18-051.10 GENERAL RULES OF PUBLIC PARTICIPATION
a a.
Any person may appear at the public hearing and give testimony or submit written
materials, either individually or as a representative of an organization. Each person who
appears at the public hearing or who submits written materials shall provide their name,
address, and the name of the organization which they represent.
PAGE 6 OF 10
c c.
The following order of presentation will normally be observed at public hearings after the
introduction of an agenda item by the Chair. Members of the Commission may pose
questions only after being recognized by the Chair. Unless otherwise impractical, members
should hold all questions until the conclusion of the presentation and the hearing.
1. Presentation of staff report and recommendations
2. Comments by applicant and proponents (Ten minutes)
3. Comments by opponents and interested citizens (Ten minutes)
4. Additional comments by applicant and proponents (Five minutes)
5. Additional comments by opponents (Five minutes)
6. Hearing closed
7. Commission questions, discussion, consideration and action, if necessary
The Commission may extend the public hearing, by majority vote, to accommodate larger
crowds or complex cases. Notwithstanding the expiration on time, any person who desires
to be heard and who has not previously been recognized, may be accorded the opportunity
to be heard once for a period of no more than two minutes at the discretion of the Chair.
d d.
The public is invited to speak on any item under discussion by the Commission in a public
hearing after receiving recognition by the Chair, and in accordance with the instructions
given by the Chair.
e e.
When recognized by the Chair, speakers shall walk to the podium and state their name,
address and purpose for appearance before addressing the Commission.
f f.
Speakers shall confine their comments and arguments to the essential points relative to the
item of business addressed, and shall refrain from repetitious information. They shall also
refrain from making abusive remarks or indulging in any offensive behavior. The Chair
shall caution speakers who do not comply and may ask them to leave the podium or the
auditorium.
g g.
All comments and requests for information shall be directed through the Chair.
h h.
Written comments, documents, photographs, plans, drawings, reports, petitions, letters and
written argument and questions are encouraged to be submitted to the Commission at or
prior to the hearing by delivery to the Secretary.
i i.
Items which have been the subject of a public hearing shall not receive further comment
by the public or applicants at the time the public hearing is closed by the Chair or the items
are acted upon by the Commission, unless the Chair so orders, or there is a majority vote
of the Commission to do so.
j j.
Members of the audience at public hearings and meetings shall observe the following rules
of conduct and decorum while the meeting is in progress;
1. Refrain from talking to other members of the audience in a loud or otherwise
disruptive manner.
2. Refrain from initiating private conversations with Commission members, staff or
legal counsel.
PAGE 7 OF 10
3. Refrain from approaching the podium unless invited to do so by the Chair.
4. Refrain from engaging in any behavior which is not in keeping with proper and
courteous conduct.
5. Refrain from cheers, jeers, applause, or any expressions of approval or disapproval
of comments made by any speakers or any actions taken by the Commission.
k k.
The Chair shall take whatever action is necessary to insure that these rules are observed and
the meeting proceeds in an orderly fashion.
Section 18-051.11 SEMINARS
a a.
From time to time the Commission may schedule informal study/work sessions designated
as seminars.
b b.
Workshops shall be open to the public and the rules of proper notice of regular meetings
shall apply.
c c.
The only order of business at a workshop shall be the presentation, familiarization and
discussion of the particular agenda study topics. No application for a zoning change shall
be considered at a workshop meeting.
d d.
The Planning staff and/or guest presenters shall moderate the discussions and observe the
following order of presentation:
1. Presentation of study item
2. Discussion interaction between the Commission members
3. Public input (if scheduled as part of the seminar)
4. Concluding remarks
f f.
Public comment at the seminar shall be limited based upon the topic and agenda. Interested
parties are welcome to listen and learn from the presentation and discussion with no
participation in the discussion unless scheduled as an agenda item.
Section 18-051.12 COMMITTEES
f.a a.
In fulfilling its various charges, the Commission shall utilize committees at its discretion.
f.b b.
The Commission may appoint committees, comprised of no more than three (3)
Commission members and other persons as deemed necessary.
f.c c.
Staff personnel will be made available upon reasonable request to provide any assistance
required by the committee.
f.d d.
At the time of the creation and appointments, the Commission shall provide the committee
with a written scope of work to include the following:
PAGE 8 OF 10
1. A statement of specific purpose and objective
2. Approximate length of term
3. Authorized activities / actions
4. Required number and timing of status reports
5. Required final report/deadline
f.e e.
Committees shall not take any action, which may be construed as an official act of the
Commission, but instead may make recommendations for action by the Commission.
Committees shall not publically advocate or promote committee recommendations as an
official position of the Commission, unless the Commission has first acted on the matter.
f.f f.
Committees shall conduct business by an agenda and keep minutes of all proceedings as
a matter of public record.
f.g g.
Committees shall forward the minutes of their proceedings to all Commission members and
the Secretary of the Commission as a part of the regular monthly submission. The general
public shall have access to committee records upon request.
f.h h.
Committees shall present orally and file written interim and final reports with the
Commission as required in the scope of work. The Secretary shall place reports on the
agenda of the first regularly scheduled meeting subsequent to the report.
f.i i.
The Commission shall act upon committee recommendations within sixty-four (64) days
of its receipt of the committee's final report. The final report shall be considered received
at the regularly scheduled meeting at which it is presented.
f.j j.
The Commission shall have the authority to dissolve committees after the Commission has
taken action with respect to the final committee report or when it is determined that a
committee is unable to fulfill its charge.
Section 18-051.13 Executive Session
a a.
For time to time, the Commission may find it necessary to discuss matters of personnel or
litigation pertaining to the business of the Commission and shall enter Executive Session
to do so.
b b.
When an Executive Session is allowed by the applicable State Law, the following rules
shall apply:
1. The Commission shall enter into Executive Session only from a regularly convened
meeting.
2. The motion to enter into Executive Session must carry a two-thirds vote of
Commission members in attendance.
3. No action may be taken in Executive Session
4. After leaving an Executive Session, the Chair shall reconvene the regularly
scheduled meeting so that all scheduled items, including any considered in
Executive Session, may be disposed of and the meeting may be properly adjourned.
PAGE 9 OF 10
a a.
Each member of the Commission shall abide by the State of Louisiana Code of
Government Ethics, Louisiana Revised Statutes Title 42, Chapter 15, as amended. Each
member shall certify in writing that they have read and understand the “Louisiana Code of
Governmental Ethics” prior to being seated as a Zoning Commissioner.
b b.
A Commission member shall not meet or communicate in any fashion with any applicant,
proponent, opponent or other interested party, excepting members of the Parish
Administration, Parish Council and/or the Commission staff, to discuss any matter before
the Commission prior to the legal public hearing.
c c.
Each member may visit the site in question, but may not have discussions concerning the
site or project with any interested party prior to the legal hearing, except as outlined in
Section18-051.013b
d d.
Following the initial required public hearing, the Commission may form a Committee for
the expressed purpose of attempting to better understand the issues raised in the review of
the Application, in accordance with Section 18-051.011 of these Rules.
e e.
Commission members shall not in any way pledge himself or herself to any party on a
matter before the Commission, prior to the legal public hearing.
f f.
Any Commission member who has knowledge of the fact that he/she will not be able to
attend a scheduled meeting or hearing, shall notify the Secretary at the earliest possible
opportunity, and in any event before 4:00 P.M. on the day of the meeting.
g g.
Once a meeting is called to order by the Chair, the Commission members shall take special
care to conduct themselves in a professional and courteous manner and remain attentive to
the members of the public testifying before the Commission.
h h.
Commission members requesting information or clarification relative to an application or
business item that is before them for consideration may directly contact the Secretary for
assistance.
i i.
The Commission may request information or specific actions from the Secretary and such
requests will be reflected in the minutes.
Section 18-051.15 Representation
i.a a.
The Chair shall serve as the official spokesman and representative of the Commission in
all matters that have been acted upon by the Commission. The Chair may appoint a member
of the Commission to serve as spokesperson or representative. Any member who officially
represents or speaks for the Commission shall report to the Commission on any statements
made or actions taken while serving in that capacity at its next regularly scheduled meeting.
i.b b.
In the absence of an official spokesman as described above, the Secretary shall act on
behalf of the Commission before the Parish Council and shall inform the Council of all
final decisions and recommendations, along with supporting records and documentation,
rendered by the Commission.
c. Commission members shall refrain from making statements or taking action which may
be identified as or construed to be an official act or position of the Commission, unless the
Commission has first acted upon the matter and the member is acting as the official
spokesperson or representative.
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Section 18-051.16 Violation Of Rules
Any violation of these rules may be deemed as cause for removal of the offending member by the
appointing authority.
REPEAL: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN THE
FOLLOWING:
PATRICIA BRISTER, COUNCIL CHAIRMAN
ATTEST:
DIANE HUESCHEN, COUNCIL CLERK
KEVIN DAVIS, PARISH PRESIDENT
Published adoption on: , 2004
Returned to Council Clerk: , 2004 @