§ 9.3. Permits issued by the planning and zoning commission for special use/conditional use.

(a)

This permit is a discretionary action that authorizes a specific land use not otherwise permitted in the zoning district to occur either independently, or with an allowable use in the zoning district providing the procedures outlined in this section are followed and the specific conditions set forth in the approval process as outlined in this section are met. This section shall not apply to manufactured homes or mobile homes.

(b)

Purpose. Zoning ordinances cannot be drafted to regulate the location of every possible land use under all circumstances, as certain land uses may be appropriate under unique circumstances. This permit is granted based on reasons specific to the proposed location. Each application for a Permit must be reviewed individually to determine if the proposed use is compatible with the surrounding area and can operate at a specific location without harming the adjacent neighborhood area.

(c)

Preapplication meeting. It is recommended, that the applicant for this permit meet with the planning staff prior to submitting a formal application. At such meeting, the applicant should be prepared to discuss thoroughly all aspects of the proposed special use including, but not necessarily limited to, the type of activity, hours of operation, number of employees, etc. This will allow the staff to not only review the request, but offer input on potential problems and various requirements as set forth in this and other City of New Iberia ordinance (e.g., landscape, signs, setbacks, parking, etc.)

(d)

Filing the application. A completed application must be submitted to Department of Planning by the tenth day of the month prior to the regular meeting of the New Iberia Zoning Commission. The application must be accompanied by a filing fee of $350.00.

(e)

[Application requirements.] Application requirements for this permit shall include each of the following:

1.

An application form completed and signed by the property owner(s).

2.

A letter to the New Iberia Zoning Commission describing the use in detail and reasons why the application should be granted. The letter should address why the use will benefit and/or not adversely affect the surrounding neighborhood and any other information the applicant deems to be pertinent.

3.

Proof of ownership. The application must be filed by the property owner (see [subsection] no. 1). If the property is leased, the owner must file the application on behalf of the Lessee, as the permit is granted to the property owner. In an owner/buyer relationship, the owner must file the application on behalf of himself and the buyer, if approved the permit will be issued to the buyer once the "act of sale" is recorded at the Iberia Parish Clerk of Court's Office and a copy of recordation is on file with the City of New Iberia's Planning Department.

4.

Letters of support and/or a petition signed by the adjacent property owners supporting the request.

(f)

Review process. The planning staff will present a staff report to the zoning commission, which shall include a recommendation for approval or denial. The zoning commission will hold a public hearing at which the applicant and any other interested parties may testify for or against the request for this Permit.

1.

In case the New Iberia Zoning Commission recommends approval, it will automatically be forwarded to the board of trustees for final approval.

2.

In case the New Iberia Zoning Commission denies the request, the New Iberia Board of Trustees has the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership.

(g)

Reasons for approval or denial. In considering whether this permit shall be approved, it is of particular importance that the proposed use at the location in question not be detrimental to the health, safety or general welfare of persons residing in or working in the vicinity, or injurious to property or improvement in the vicinity. It must also be shown that the proposed use at this particular location will provide a service which will contribute to the general well being of the neighborhood and community and/or not be harmful to the immediate neighborhood. In addition, all requirements of the appropriate City ordinances must be met.

(h)

Revocation of this permit. Owner/occupant will have one year from the date of receipt of the special use/conditional use permit to begin the use permitted. Should the owner/occupant not commence to use the property/building as permitted within the year, the approval shall be deemed null and void; however, the owner may reapply. Should it be determined that the property for which such permit has been granted is being used in a manner other than that for which it is zoned, or for which the permit was specifically granted, upon notification from the City of New Iberia, this permit is immediately rescinded and such use shall cease immediately, and the property owner will be assessed a $500.00 fine. For each additional day the violation continues, an additional $500.00 fine may be applied. In addition to the fine, all court costs, attorney's fees and related expenses should be the responsibility of the property owner.

(Ord. No. 2007-6, § 4, 3-20-07; Ord. No. 2009-07, § 1, 7-28-09)