PROCEEDINGS OF THE MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE HELD AT CITY HALL, 101 BERARD STREET, AT 6:00 P.M. ON TUESDAY, DECEMBER 14, 2021.

Mayor Ricky Calais called the meeting to order, the invocation and the Pledge of Allegiance were recited.

Present:  Ryan Breaux, Scotty Borel, Ernest “E.J.” Ledet, Neil Melancon, Eddy LeBlanc

Absent: None

Monthly budget-to-actual comparisons on the General Funds, Sales Tax Funds, Park and Recreation Fund, and Utility Funds were distributed to the councilmen and Mayor.

Upon motion of Ryan Breaux, duly seconded by Ernest Ledet and unanimously carried, the Board of Aldermen approved deleting the below item from the December 14, 2021 agenda:

            Item #9: Approve or deny authorization of Mayor Calais to sign the final plat for the Parc             Ridge Subdivision Phase I on behalf of the City Council.

Upon motion of Neil Melancon, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen approved the minutes of the November 9, 2021 City Council Meeting.

Upon motion of Ryan Breaux, duly seconded by Scott Borel and unanimously carried, the Board of Aldermen approved the reappointment of Tom Zaunbrecher and Alvin Jones to the Planning and Zoning Commission.

Upon motion of Neil Melancon, duly seconded by Ernest Ledet and Scotty Borel, and unanimously carried, the Board of Aldermen approved the appointment of Nicki Hollier, Neal Angelle, and Scott Capdepon to the Planning and Zoning Commission.

Upon motion of Ryan Breaux, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen opened a Public Hearing for Ordinance #2273 (An ordinance to amend Chapter 23 of the Code of Ordinances, the Zoning Ordinance, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-3.1, et al.  regarding general zoning regulations applicable to all zoning districts, and specific zoning regulations for specific zoning districts, including R-1, R-2, R-3, R-4, R-5, R-6, Traditional Neighborhood Development District, C-1, C-2, C-3, C-4, C-5, C-6, M-1, M-2, M-3, I-1 and I-2, and matters related thereto.)

City Attorney Bart Hebert explained that most of this Ordinance is reinforcing an ordinance previously passed, but that is not incorporated in the City’s official code. Some of the substantive changes include correcting a conflict between two ordinances that existed regarding billboards.  One of the ordinances states that billboards are allowed in the C-5 zoning district and another ordinance states that they are not allowed in this district. This ordinance is stating that billboards will not be allowed in C-5.

Other changes included hospitals being removed from the C-2 district, and light manufacturing being removed from the C-3 district.

Mayor Calais mentioned that this ordinance would also recreate the medical zoning district which had previously been removed.

Upon motion of Ryan Breaux, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen closed the Public Hearing on Ordinance #2273.

Upon motion of Ryan Breaux, duly seconded by Ernest Ledet, the Board of Aldermen adopted Ordinance #2273 (An ordinance to amend Chapter 23 of the Code of Ordinances, the Zoning Ordinance, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-3.1, et al.  regarding general zoning regulations applicable to all zoning districts, and specific zoning regulations for specific zoning districts, including R-1, R-2, R-3, R-4, R-5, R-6, Traditional Neighborhood Development District, C-1, C-2, C-3, C-4, C-5, C-6, M-1, M-2, M-3, I-1 and I-2, and matters related thereto.)

ORDINANCE NUMBER 2273

An ordinance to amend Chapter 23 of the Code of Ordinances, the Zoning Ordinance, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-3.1, et al.  regarding general zoning regulations applicable to all zoning districts, and specific zoning regulations for specific zoning districts, including R-1, R-2, R-3, R-4, R-5, R-6, Traditional Neighborhood Development District, C-1, C-2, C-3, C-4, C-5, C-6, M-1, M-2, M-3, I-1 and I-2, and matters related thereto.

BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 14th day of December, 2021, that:

Chapter 23 of the Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-3.1, 23-3.2, 23-3.3, 23-3.4, 23-4.19, 23-4.20, 23-4.26, 23-5.1, 23-5.7, 23-5.8, 23-5.9, 23-5.10, 23-5.11, 23-5.12, 23-5.16, 23-5.16.1, 23-5.16.2, 23-5.16.3, 23-5.16.4, 23-5.16.5, 23-5.16.6, 23-5.16.7, 23-5.16.8, 23-7.8.13, 23-10.1, 23-10.3, 23-11.1, 23-11.2, 23-11.3, 23-13.2 and 23-13.3, zoning regulations applicable to all zoning districts, and specific zoning regulations for specific zoning districts, including R-1, R-2, R-3, R-4, R-5, R-6, Traditional Neighborhood Development District, C-1, C-2, C-3, C-4, C-5, C-6, M-1, M-2, I-1 and I-2, and matters related thereto, as follows:

Sec. 23-3.1. – Districts.

For the purpose of promoting the public health, safety, and general welfare of the community, all the land area within the incorporated limits of the City of Breaux Bridge is hereby divided into districts, as shown on the official Zoning Map which, together with all explanatory material thereon is hereby adopted by reference and declared to be a part of this ordinance. The various Zoning Districts of the City of Breaux Bridge, Louisiana are as follows:

R-l       SINGLE FAMILY RESIDENTIAL DISTRICT

R-2      SINGLE FAMILY RESIDENTIAL DISTRICT

R-3      SINGLE FAMILY RESIDENTIAL DISTRICT

R-4      MOBILE HOME RESIDENTIAL DISTRICT

R-5      MULTIPLE FAMILY RESIDENTIAL DISTRICT

R-6      RETIREMENT AND ASSISTED LIVING DISTRICT

M-1      MEDICAL SERVICE DISTRICT

M-2      MEDICAL SERVICE DISTRICT 2

C-l       NEIGHBORHOOD BUSINESS DISTRICT

C-2      HIGHWAY COMMERCIAL DISTRICT

C-3      CENTRAL BUSINESS COMMERCIAL DISTRICT

C-4      SPECIAL RETAIL BUSINESS DISTRICT

I-I        LIGHT INDUSTRIAL DISTRICT

I-2        HEAVY INDUSTRIAL DISTRICT

C-5      INTERSTATE 10 COMMERCIAL CORRIDOR AND GATEWAY DISTRICT

TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICT

C-6      REES STREET ENHANCED ARTERIAL COMMERCIAL DISTRICT        

Sec. 23-3.2. – Identification of Zoning Map.

The Official Zoning Map shall be identified by the signature of the Mayor of the City of Breaux Bridge, Louisiana and attested by the signature of the members of the City of Breaux Bridge Board of Alderman and the City Clerk of the City of Breaux Bridge. The Official Zoning Map shall further bear the following words: “This is to certify that this is the Official Zoning Map referred to in Chapter 23, Article III, Sec. 23-3.1 of the Breaux Bridge Code of Ordinances for the City of Breaux Bridge, Louisiana.”

Sec. 23-3.3. – Changes in the Zoning Map.

Changes made in the district boundaries or other matter portrayed on the Official Zoning Map in accordance with the provisions of this ordinance shall be made to the Official Zoning Map promptly after the amendment has been approved by the Board of Alderman of the City of Breaux Bridge, Louisiana. It will be the duty of the City Clerk of the City of Breaux Bridge to file with the Chairman of the Planning Commission a copy of the ordinance amending the Official Zoning Map within thirty (30) days after such amending ordinance is adopted. It will be the duty of the City Clerk to have recorded the district boundary change on the Official Zoning Map, together with the number of the amending ordinance and the date of its passage within thirty (30) business days.

Sec. 23-3.4. – Changes in Zoning Text.

When an ordinance is adopted that alters, amends, repeals or changes in any way any provision under this Chapter 23, it will be the duty of the City Clerk to file with the Chairman of the Planning Commission a copy of such ordinance along with the number of the amending ordinance and the date of its passage within thirty (30) days after such amending ordinance is adopted.

Sec. 23-4.19. – Covered but Un-enclosed Areas.

Setback requirements shall be measured from the rainfall roof drip-line (or eaves) of the principal buildings, accessory buildings, garages and covered, but unenclosed structures (e.g. porches, carports, patios, verandas, galleries, covered outdoor kitchens, gazebos, porte cochere, belvederes, sheds, pool cabanas, windows and door awnings) which shall not be closer than five (5) feet to any side or rear property line of a recognized and approved buildable lot of record.

Sec. 23-4.20. – Reserved.

Sec. 23-4.26. – Reserved.

Sec. 23-5.1. – Schedule of Zoning District Regulations.

The schedule of zoning district regulations applying to the uses of land and buildings, the coverage of lots, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots and all other matters contained herein, as indicated for the various district established by this ordinance, or hereby declared to be a part of this ordinance and may be amended in the same manner as any other part of this ordinance. The regulations listed for each district is prescribed for such district, subject to the provisions of this ordinance and, unless otherwise indicated shall be deemed to be the minimum requirements in every instance of their application. When uses in a district are not expressly permitted, it shall be assumed that they are prohibited.

Sec. 23-5.7. – R-6, Retirement and Assisted Living District

Permitted Primary uses:  Nursing homes, retirement developments, assisted living facilities, convalescent homes, public parks and churches/religious centers. Permitted secondary uses are qualified only if located adjacent to or within five hundred (500) feet of a Primary Use: fitness centers, wellness centers, rehabilitation centers, recreation centers, medical offices, medical clinics, child care facilities, adult day care facilities and personal services shop, laundromat, and elementary school.  Primary and Secondary uses in this district may not be adjacent to or fronting a Major Roadway identified in the Comprehensive Plan: Transportation – Major Roadways Element.

Minimum lot area: None.

Minimum yards:  Front depth five (5) feet. Front width: none. Side yards, other than for corner lots, there will be no side yard requirements provided the buildings are of fireproof construction.  Otherwise, a five (5) foot minimum side yard is required. Rear yards; there will be no read yard requirements provided the buildings are of fireproof construction, or if the lots are not through lot. Otherwise a ten (10) foot minimum rear yard is required.

Sec. 23-5.8. – M-1, Medical Service District.

Permitted uses: Clinics, hospitals, offices of physicians, surgeons, dentists, psychiatrists, physiotherapists, or practioners in related specialties. Parking lots and parking garages, pharmacies, drug ‘stores, restaurants, flower shop~, and retail shop dispensing ocular or surgical supplies, provided that such store or shop be operated incidental to and in the building with professional offices as described above, and provided further that such use not be advertised by signs projecting at any angle from any wall. Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

Minimum lot area: None.

Minimum yards:  Front depth five (5) feet. Front width: none. Side yards, other than for corner lots, there will be no side yard requirements provided the buildings are of fireproof construction.  Otherwise, a five (5) foot minimum side yard is required. Rear yards; there will be no read yard requirements provided the buildings are of fireproof construction, or if the lots are not through lot. Otherwise a ten (10) foot minimum rear yard is required.

Sec. 23-5.9. – M-2, Medical Service District 2.

Permitted uses:  Nursing and convalescent homes, parking lots, and parking garages, pharmacies, drug stores, restaurants, and flower shops. Also included are accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

Minimum lot area: None.

Minimum Yards:  Front depth five (5) feet. Front width none. Side yards other than for corner lots there will be no side yard requirements providing the buildings are of fireproof construction. Otherwise, a five (5) foot minimum side yard is required. Rear yard; there will be no rear yard requirements provided the buildings are of fireproof construction or are located on non-through lots. Otherwise, a ten (10) foot minimum rear yard is required.

Sec. 23-5.10. – Reserved.

Sec. 23-5.11. – C -2, Highway Commercial District.

Permitted uses:  Retail sales and service stores, business and professional offices, restaurants, fueling stations, convenience stores, fix-it shops, personal services shops, laundromats, amusement centers, landscape sales and services, clinics, commercial parking,  equipment sales and services, grocery centers, recreational vehicle parks, hotels, motels, technology centers (sales and services), pharmacies, private nursery schools and kindergartens, schools, public parks, religious centers (churches, temples, synagogues, community centers), retail storage facilities, and boat/vehicle sales.

Minimum lot area: None.

Minimum yards:  Front depth twenty (20) feet. Front width none.  Side Yard none, provided the buildings are of fireproof construction. Otherwise, a ten (10) foot minimum Side Yard is required. Rear Yard none, provided the buildings are of fireproof construction. Otherwise, a ten (10) foot minimum Rear Yard is required.

Sec. 23-5.12. – C-3, Central Business Commercial District.

Permitted uses:  Professional and business offices, retail and wholesale uses, warehouses, storage and public garages, funeral homes, hotels, radio and television stations.

Minimum lot area: None.

Minimum yards:  Front depth five (5) feet. Front width none. Side yard none, provided the buildings are of fireproof construction and are located on non-through lots. Otherwise, a five (5) foot minimum side yard is required. Rear yards none, provided the buildings are of fireproof constructions and are located on non-through lots. Otherwise, a ten (10) foot minimum rear yard is required.

Sec. 23-5.16. – C-5, Interstate 10 Commercial Corridor and Gateway District

The Breaux Bridge Comprehensive Plan notes “The Interstate allows resident commuters swift access to both Baton Rouge and Lafayette for work and play.  Since completion, the (Interstate) exit has spawned commerce stretching the entire length of Rees Street (La. Hwy. 328).  For tourists, it allows ease of access to the numerous festivals and events hosted in Breaux Bridge.” Interstate 10 Exit 109 is the main entryway to the City of Breaux Bridge and all of northern St. Martin Parish including the City of St. Martinville, the Bayou Teche corridor and into Iberia Parish. A major roadway congestion issue states: “Weigh scales located on Interstate 10 cause truckers to by-pass the scales by detouring through Breaux Bridge.  The local streets are being damaged by the trucks.”

The Comprehensive Plan identifies new service roads along and on both sides of Interstate 10 extending East toward the Town of Henderson and West across the Bayou Teche to a new Interstate Highway Interchange at the St. Martin/Lafayette Parish line (Sawmill Highway) overpass.  Land uses in the Interstate corridor are designated primarily for commercial and business park development with some residential, public open space and park locations. A new roundabout, street scape improvements and a new interstate overpass at Doyle Melancon Road are illustrated in the Future Land Use Plan.  The Plan lists landscaping, improved lighting, vehicular turning movements, signage, accessibility, maximum floor area and site coverage to implement character to this important “gateway” to the community.  Enhancement of the interchange overpass and aesthetics are highly ranked actions in the Comprehensive Plan for this major transportation corridor.

Sec. 23-5.16.1. – Purpose.

The Interstate 10 Commercial Corridor and Gateway District is established to better implement the goals and objectives of the Breaux Bridge Comprehensive Plan by encouraging and regulating land use development for large scale retail and office parks. The district is not intended for small or mid-sized commercial developments found in other commercial districts   and neighborhood businesses. 

The Interstate 10 Corridor, and particularly the Exit 109 interchange, required “gateway” aesthetics to attract tourists and new commerce to the community.  Service access roads, accessibility, signage, lighting, utility services and large scale development and heavy vehicular traffic with associated noise and air quality issues are endemic to the interstate corridor. Mitigation of negative impacts of heavy traffic, congestion and density land development are priority considerations for this Zoning District.  Restrictions are highlighted for public and private investment, safety and sustainability.  However, flexibility is the criteria for long range growth and this zoning district allows private development “Concept Review Plans” to be submitted for review and conformance with the Comprehensive Plan and the purposes of this District.

Sec. 23-5.16.2. – Definitions.

Binding Conditions:  Property owners and/or developers submitting “Concept Review Plans” within the Zoning District may be approved subject to specific conditions binding on the property owner and/or developer for final plan approval and the issuance of any permits.

Buffers: Specific visual and sound barriers required to separate conflicting land uses within or adjacent to the Zoning District not including fences.

Concept Review Plans: Land development proposals submitted to the Planning Commission for preliminary review and consideration prior to final review and approval.

Gateway Improvements: Specific requirements established for the Interstate Highway Gateway into the City of Breaux Bridge and St. Martin Parish as defined by the Comprehensive Plan Beautification Element and subsequent amendments by the Planning Commission and City of Breaux Bridge.

Landscaping: For purposes of this district, landscaping means lawn, ornamented shrubs, flowers, art work, vegetative planting screens, and trees.

Lighting: All outdoor lighting fixtures, including without limitation, ground pole, and building mounted fixtures and canopy lighting of a design and type containing shields, reflectors, fracture panels or recessed light such that the cutoff angle is 90 degrees or less.  For purposes herein, the cutoff angle is that angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is permitted.

Regional Retail Services: Commercial retail or services and office parks with emphasis on hotels, motels, sales of autos, trucks, recreational vehicles, campers, boats, farm equipment, major fueling stations, outlet centers, big box shopping centers, restaurants, business offices and headquarters, sports equipment sales, transportation service facilities, entertainment centers, and distribution or wholesale centers.

Service Access Roads: Public streets and roads providing direct access to properties (parcels, lots and public spaces) within the Interstate 10 Commercial Corridor and Gateway Zoning District.

Signage: A device used to communicate a visual message either fixed or portable.

Sustainability: The organizing guidance of development which includes four interconnected domains of ecology, economics, politics and culture which are capable of being continued with minimal long-term effect on the environment.  For the purposes of this zoning district, all development proposals shall include property owner/developer discretionary mitigation designs to address minimal impacts on the environment through land use, building design and construction, energy use, drainage, air quality, renewable resources, waste disposal, etc.  

Community Icon: The City of Breaux Bridge has been designated “The Crawfish Capital of the World” and has adopted the crawfish image in all representations as the icon of the community.

Sec. 23-5.16.3. – Permitted Uses.

For the purposes of this zoning district, permitted uses identified in the definition of Regional Retail Services are permitted or those approved through submission and approval of a “Concept Review Plan” by the Planning Commission.  The “Concept Review Plan” may include uses not specifically listed as Regional Retail Services, but are a minor use in a larger context development plan.  For example, all residential land uses are neither encouraged nor specifically permitted in this zoning district, but may be considered as part of a Concept Review Plan proposal.  Similarly, a 7,000 square foot commercial retail land use lot may be considered and approved as part of a Concept Review Plan by the Planning Commission when the minimum desirable and required lot size is 15,000 square feet.

Sec. 23-5.16.4. – Prohibited Uses

For the purposes of this zoning district, prohibited uses include dirt pits (excavation), schools, warehouses, industrial uses, landfills, shipping container storage or sale, religious facilities, government uses (federal, state, and local) public housing, public offices, public works facilities, utilities sewer, water, electrical plants (except service distribution lines and transformer stations), public parks, mobile home sales, agriculture, nursing homes, hospitals, recycling facilities, retail manufacturing, eighteen-wheeler truck travel service infrastructure, truck stops, truck washers and truck-stop casinos.

Sec. 23-5.16.5 – Requirements.

Minimum Lot Area:     15,000 square feet

Maximum Lot Coverage by building and parking:  75%

Minimum Accessibility:  Fifty (50) foot width on a public street or road.

Minimum Building Setback from Interstate 10 Right-of-Way:  100 feet

Buffer Requirement:  Where a development on an approved buildable lot in the Interstate 10 Commercial Corridor and Gateway Zoning District borders any residential zoning district, the developer shall provide a twenty (20) foot wide planted vegetative buffer screen the linear length of the conflicting land uses.  The vegetative buffer screen shall be one of four options:  1) Hedge Bamboo, Bambusa Multiplex (a non-invasive variety with thick foliage), spacing five (5) feet on center, 2) Pineapple Guava, Feijoa Sellowiana, pink and crimson flowers in Spring, spacing four (4) feet on center, 3) Nellie Stevens Holly, red berries in Fall and Winter, spacing ten (10) feet on center and 4) Pink Lorepetalum, Loropetalum chinense, hot pink fringy flowers in Spring and maroon-purple foliage, spacing seven (7) feet on center.   

Maximum Building Height:  None

Landscaping: Sustainable native planting material preferred.  Buffer planting screen may be included as part of the non-building and non-parking lot coverage.  Fifteen (15%) Percent of buildable lot must be landscaped with plant material, art work, or landscape furniture.

Parking Requirements: There are no minimum parking spaces required in the Interstate 10 Commercial Corridor and Gateway District.  Service parking spaces planned or proposed for construction shall not be located between the Interstate Highway right-of-way and the principal building(s) placed on a buildable lot.  Where an approved buildable lot does not front on Interstate Highway right-of-way, 80% of parking shall be constructed to the side and rear of the principal buildings.     

Exterior Lighting:  Must avoid distracting glare, up-lighting and follow Lighting definition standards for this District.

Signs:  To avoid distracting clutter, all signs proposed, installed, or replaced within the Interstate 10 Commercial Corridor and Gateway Zoning District shall be limited to five hundred square feet in total per buildable lot.  Roof signs shall not be permitted.  No sign shall exceed fifty (50) feet in height. The main supporting structure of all signs shall be set back a minimum of twenty (20) feet from the designated public access street/road and a minimum of thirty (30) feet from the edge of the Interstate Highway right-of-way. 

Gateway Improvements: The Interstate 10 Highway interchange at Exit 109 (La. Hwy. 328/Rees Street) is the primary gateway into the City and Parish and is comprised of public improvements including landscaping, signage, lighting, and the community icon.  Private development within the Interstate 10 Commercial Corridor and Gateway Zoning District are recommended to provide a crawfish themed icon display on the exterior of buildings and/or lots to be approved by the Planning Commission to support the city and parish gateway.  It is the discretion of the property owner/developer to determine style, design, size, and material of the crawfish icon visual for plan approval and development permitting. 

Building Exterior Materials:  All exterior building materials visible from Interstate 10 or an access service street/road located within the Interstate 10 Commercial Corridor and Gateway Zoning District shall be made of wood, brick, stone, glass, stucco or very close replications of same (i.e. hardy plank).  Other exterior building materials may be considered and approved only through the Concept Review Plan submittal process.     

Minimum Side Yards:  Ten (10) feet.

Minimum Rear Yards:  Ten (10) feet.

Minimum Front Yards:  Twenty (20) feet.  

Refuse Collection and Mechanical Equipment Screening:  Refuse collection, mechanical equipment, trash bins, loading areas, roof top equipment and other service function areas shall be screened and out of view from adjacent properties and public rights-of-way.  The screening shall exceed one foot above the height of the object to be screened.  Screening material and design shall be consistent with design treatments of the primary façade of the building.

Utilities:  Public utilities owned and operated by the City of Breaux Bridge, St. Martin Parish or a designated utility service district must be utilized for development of all commercial and office lot developments within this Zoning District.  Utility distribution lines shall be underground to service approved buildable lots and developments.  Utility transmission lines are the purview and responsibility of the City and utility provider.

Community Icon:  For new development approvals and permit, it is recommended that the property owner, business owner or developer to display the community icon visibly from the nearest public street right-of-way.  There are no size requirements, material requirements or design standards for the display of the community icon other than it must be recognizable as a crawfish.

Sec. 23-5.16.6. – Streets and Roadways/Major Roadway Network (MRN).

The Interstate 10 Commercial Corridor and Gateway Zoning District (I-10 CCG) is divided primarily by two major roadways:  Interstate Highway 10 running East and West and La. Hwy. 328/Rees Street running North and South which intersect at Interstate Highway 10 Exit 109.  There are numerous local public access streets/roads, both existing and planned, which do not comprise the Major Roadway Network in the Zoning District.  Those streets/roads that are identified on the Comprehensive Plan Transportation Element – Streets and Roadways, frame both short and long- range development requirements including, but not limited to accessibility to the Interstate Highway and La. Hwy. 328.  Development fronting a designated major street or roadway within the zoning district shall conform to the adopted cross section design by an “Enhanced Setback” which divides difference between existing right-of-way and planned right-of-way in half and applied to the standard district front yard setback (total equals Enhanced Setback) unless an Advanced Arterial Design has been formally adopted.

Where the adopted Streets and Roadways Element of the Comprehensive Plan identifies an alignment for a public street/road not currently built the property owner/developer shall provide an Enhanced Setback. The Enhanced Setback shall include half the roadway cross section design right-of-way when requesting zoning permit approval without conditions or submitting a specific Concept Plan proposal within the District.     

Rees Street Enhanced Street Front Public Servitude:  Established beyond the La. Hwy. 328/Rees Street Roadway Right-of-Way, the Rees Street Enhanced Street Front Public Servitude is required to provide ten (10) feet for underground utilities and street trees, nine (9) feet for banquette, and one (1) foot for maintenance as designed and approved by the Breaux Bridge Planning Commission.

Sec. 23-5.16.7. – Concept Plan Submittal Process.

Land use development within this District in conformity with the specific regulations identified shall follow normal review and permitting procedures established in the Comprehensive Zoning Ordinance.  However, there may be circumstances and proposals which desirably deviate stated land use purposes of the district and which property owner/developer seek flexibility in land use zoning requirements for practical reason.  The land owner/developer may submit to the Planning and Zoning Commission a Concept Plan for the proposed property development with detailed explanation on the justification for the modification, adjustment or changes to the specific requirements of the Zoning District.  With proper notification to adjacent land owners, the Planning and Zoning Commission may consider and approve the Concept Plan with stated specific conditions applicable to the submitted Concept Plan only.  Changes or modifications to any current Interstate 10 Commercial Corridor and Gateway Zoning District requirements are not affected by approval of a Concept Plan. 

A Concept Plan proposal shall follow requirements normally applied for Board of Zoning Adjustment review.

Sec. 23-5.16.8. – Applied General Zoning Regulations.

Zoning regulations specified in this Section for the Interstate 10 Commercial Corridor and Gateway District shall supersede applied general zoning regulations in the Comprehensive Zoning Ordinance.  All general zoning regulations and procedures not in conflict with the Interstate 10 Commercial Corridor and Gateway Zoning District remain applicable.

Sec. 23-7.8.13. – Prohibited Signs.

(1)        Billboards and Off-Premise signs are prohibited in the following zoning districts:  R-1, R-2, R-3, R-4, R-5, R-6, C-1, C-2, C-3, C-4 and C-6.

(2)        Prohibited signs are subject to immediate removal at the direction of the Zoning Administrator, and upon removal become the property of the City of Breaux Bridge.

(3)        The following signs are specifically prohibited:

(a)        Any sign erected or painted upon a sloping roof, fence, tree, stand pipe, fire escape or utility pole.

(b)        Any sign which uses the word “stop” or “danger” prominently displayed and/or which a copy or imitation of official traffic control signs.

(c)        Signs which flash or illuminate intermittently, and animated signs except time and temperature or public service signs.

(d)        Signs which emit visible smoke, vapor, particles, or odor.

(e)        Signs with any lighting or control mechanism which causes radio or television or other communication interference.

(f)        Any sign or sign structure placed upon any street or highway right-of-way, except directional signs provided by the city.

(g)        Any sign affixed to any fence, tree, utility pole or traffic sign standard.

(h)        Any sign attached to or painted onto a vehicle parked adjacent to or on a public thoroughfare for the principal purpose of advertising.

(i)         Sandwich signs.

(j)         Snipe signs.

(k)        Tethered inflatable signs, either on-site or off-site.

(l)         Portable signs.

(m)       Revolving signs.

(n)        Lasers.

(o)        Search lights

(p)        Murals that serve to advertise or promote a business, service, product, activity, cause or event.

(q)        Any wire sign which is not specifically included in Section 23-7.8.10 herein, on public property.

(r)        All pole signs.

(s)        All abandoned Off-Premise Signs.

(t)         Vehicle Signs, advertising vehicle for sale are prohibited if the vehicle is not displayed on the property owned by the owner of the vehicle.

(u)        Any sign or sign structure installed within one hundred thirty (130) feet of the center of a intersection roundabout, except directional signs provided by the city or state.

(v)        Any sign not specifically defined and allowed by the provisions of this section are hereby prohibited.

(4)        Non-Conforming Signs: Any sign which violates any portion of this ordinance and that is in existence on the date of enactment of this amendment to the zoning ordinance of the City of Breaux Bridge shall be considered a non-conforming sign and shall be subject to the following conditions:

(a)        Signs are to be removed or made to conform to this section within one hundred and eighty (180) days’ notice of the violation.

(1)        All non-conforming signs made of paper, cloth, or other non-durable material.

(2)        All temporary signs other than those permitted herein.

(3)        All portable signs.

(b)        If any non-conforming sign is removed or destroyed, any replacement sign shall be in conformity with the requirements of this zoning ordinance.

(c)        Where a change in use, occupancy or ownership occurs which necessitates the altering of a sign in any manner, the altered or changed sign shall be in conformance with the requirements of this zoning ordinance.

(d)        Upon failure to comply within the time specified, the Zoning Administrator is hereby required to cause removal as provided by law of such sign and any expense incident thereto shall be paid by the owner, agent, or lessee of said sign or of the property upon which the sign is located.

(e)        The property owner of any non-conforming sign will be notified by certified or registered mail that said sign is not in compliance and no further sign permits will be issued while non-conforming use exists.

Sec. 23-10.1. – Enforcement.

It shall be the duty of the appointed Zoning Administrator to enforce this ordinance. It shall also be the duty of all officers and employees of the City of Breaux Bridge, Louisiana and especially of all members of the Police Department to assist the Zoning Administrator by reporting new construction, alterations, re-locations, repairs or new land uses, or upon seeing violations. Appeal from the decision of the Zoning Administrator may be-made to the Board of Adjustment as provided in Article XI of this ordinance.

Sec. 23-10.3. – Certificate of Zoning Compliance.

No change in the use or occupancy of land or of an existing building shall be made nor shall any new building be used or changed in use until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator, stating that the proposed use of the building or land complies with the provisions of this ordinance. The issuance of such a certificate shall be in accordance with the following procedures:

1.         Applications for a Certificate of Zoning Compliance shall be made coincident with the application for a Building Permit, but is a separate regulatory review, inspection, and enforcement instrument and process.

2.         Application for a Certificate of Zoning Compliance shall include specified illustrative, text, and supporting documents, as appropriate, to determine compliance with and enforcement of zoning ordinance regulations.

3.         A Certificate of Zoning Compliance application shall be submitted with an application fee reviewed and set each year.

4.         A final Certificate of Zoning Compliance shall be issued by the Zoning Administrator within ten (10) days after the completed work shall have been inspected and approved as compiling with the provisions of this ordinance.

5.         The Zoning Administrator shall maintain electronic records of all Certificate of Zoning Compliance applications, supporting documentation, and actions taken.  Copies of such records shall be made available on request at a cost per page set by the Mayor of the City of Breaux Bridge each year.

Sec. 23-11.1. – Selection and Term of Office.

A Board of Zoning Adjustment is hereby created to be composed of five (5) members who shall be the City of Breaux Bridge Board of Aldermen.

Sec. 23-11.2. – Appeals.

            Appeals to the board of adjustment may be taken by any party aggrieved, or by any officer, department, commission, board, bureau or other agency of the City of Breaux Bridge, Louisiana affected by any decision of the zoning administrator. Such appeal shall be taken within 30 days-time, by filing with the zoning administrator and with the board of adjustment a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the appeal action was taken. An appeal stays all proceedings in furtherance of the action unless the zoning administrator certifies to the board of adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the zoning administrator and on due cause shown. The board of adjustment shall fix a reasonable time not to exceed 45 days for the hearing of the appeals, give public notice thereof, as well as due notice to the interested parties and decide the appeal within a reasonable time. Upon the hearing any party may appear in person or by agent or be represented by attorney.

Sec. 23-11.3. – Duties.

The board of adjustment shall hear and decide appeals involving the interpretation of any provision of this chapter or where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this chapter. In addition, in hearing and deciding appeals, the board of adjustment shall have the power to grant exceptions in the following instances:

  1. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, permit the less restricted portion of such lot to extend not more than 30 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.
  • Interpret the provisions of this chapter in such a way as to carry out the intent and purposes of the plan, as shown upon the zoning district map, where the district boundaries are uncertain, or where the street layout actually on the ground varies from the street layout as shown on the district map.
  • Permit the erection and use of a building or the use of land for railroads or public utility purposes.
  • Permit un-enclosed roadside stands for the sale of products raised on the premises (provided each such roadside stand is provided with five parking spaces for potential customers), commercial amusements or recreational developments for temporary or seasonal periods, not to exceed 90 days.
  • Permit temporary buildings that are used in conjunction with construction work only, in any district during the period that construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
  • Permit land in the R-3 Single family residential district within 300 feet of a use permitted in R-5 Multiple family residential district, C-1 Neighborhood shopping district, M-1 Medical service district and for non-conforming uses, to be improved for the parking spaces required in connection with the permitted use but only when there is positive assurance that such land will be used for such purpose during the existence of the permitted use.
  • Permit land in the R-5 Multiple family district within 300 feet of a use permitted in R-5 Multiple family residential district, M-1 Medical service district and C-1 Neighborhood shopping district and for non-conforming uses to be improved for the parking spaces required in connection with the permitted uses by only when there is positive assurance that such land will be used for such purposes during the existence of the permitted use.
  • Permit the development of airports and the erection of commercial radio and television broadcasting towers in any district.

No exception shall be granted by the board of adjustment unless it finds that the use for which such exception is sought will not, in the circumstances of the particular case and under any conditions that the board considers to be necessary or desirable, be injurious to the neighborhood or otherwise be detrimental to the public welfare.

The board may vary or adopt the strict application of the yard requirements or height restrictions, and parking regulations in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical condition, whereby such strict application would deprive the owner of the reasonable use of the land in accordance with the use regulation of this chapter, waive or reduce the parking requirements whenever the use of a building or land is so extraordinary as to make unnecessary the full provision of parking facilities, or whenever it can be shown that the provision of required off-street parking space within 300 feet of the main building is not feasible and would impose an un-reasonable hardship as contrasted with merely granting an advantage or a convenience. In granting any variance the board shall prescribe any conditions that it deems to be necessary or desirable.

No variance shall be granted by the board unless if finds:

  1. That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings in the neighborhood and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
  • That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the board is the minimum variance that will accomplish this purpose.
  • That, the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise be detrimental to the public welfare.

Sec. 23-13.2. – Petitions.

Petitions by property owners for the amendment, supplementation or change of the zoning ordinance shall be filed with the Mayor and Board of Aldermen through the Planning Commission. In filing such petitions, the following rules shall apply:

1.         No petition for a change in the classification of property shall be filed unless such petition is duly signed by the owners or authorized agents of not less than fifty percent (50%) of the area of land for which a change of classification is requested, provided, however, that, where any lot located in the aforesaid area is owned in division, all co-owners must sign the petition for that lot to be included in the fifty percent (50%) area provision.

2.         Each petition for a change in the classification of property shall conform to such standards and requirements as the Planning Commission shall adopt.

3.         Each petition shall be accompanied by a deposit of four hundred twenty-five ($425.00) dollars. Under no conditions shall said sum or any part thereof be refunded for failure of said change to be adopted by the Mayor and Board of Aldermen. The petitioner shall also pay the direct cost of reducing the transcript of the hearing to writing of all the testimony given at the public hearing held by the Planning Commission and all costs of postage.

4.         Whenever a petition is filed requesting a change or amendment of this ordinance, and said petition has been finally acted upon by the Mayor and Board of Aldermen, or when said petition has received no action on the part of the Mayor and Board of Aldermen within ninety (90) days from the date of submission of the report of the Planning Commission, or when said petition has been officially advertised for public hearing, but has subsequently been withdrawn either before or after said public hearing has been held, then the Mayor and Board of Aldermen shall not consider any further petition requesting or proposing such change or amendment for the same property within one (1) year from the date of the Mayor and Board of-Aldermen’s final legal action on said petition or from the expiration of the aforesaid ninety (90) day period in case action has not been taken by the Mayor and Board of Aldermen, or from the date of withdrawal of said petition, provided, however, that said petition has been officially advertised. This provision shall not apply in case where the Mayor and Board of Aldermen wishes to consider a petition involving a comprehensive zoning revision of an area larger than twenty (20) acres.

Sec. 23-13.3. – Amendment Procedure.

  1. No amendment, repeal, supplement or change to the regulations or restrictions under this, Chapter 23, or the Official Zoning Map, shall become effective unless and until all requirements, including any public hearings and notices thereof, under La. R.S. 33:4721 et seq., as may be amended from time to time, or other applicable laws are satisfied.
  • In addition to the requirements set forth in Paragraph (1) above, for any amendment in the classification of property under Sec. 23-13.2, the Zoning Administrator shall notify, or cause to be notified, all adjacent land owners within three hundred (300) feet from the property line of the lot in question, of the proposed change and shall post a sign on said property stating that this property is being considered for a zoning change. The sign shall be posted on site for twenty-one (21) days before hearing. The notifications must be by certified mail, return receipt requested, directed to the respective owners at the addresses specified by the City’s property tax records. 
  • After the public hearing as provided above, the Planning Commission shall have submitted its report and recommendations upon the proposed change and amendment to the Mayor and Board of Aldermen. The Mayor and Board of Aldermen shall not take official action upon the change and amendment until the report of the ·Planning Commission has been received, provided, that, if the report has not been filed within forty-five (45) days after the date of the public hearing, the Mayor and Board of Aldermen may then take official action upon the change or amendment.
  • A final yea or nay vote shall have been taken on the proposal by the Mayor and Board of Aldermen within ninety (90) days from date of receipt of the recommendations of the Planning Commission or from the lapse of forty-five (45) days from the date of the public hearing, whichever is longer.
  • Notwithstanding the provisions of this Section 23-13.3 (1), when more than ten parcels are to be zoned or rezoned by ordinance by the City, or a proposal to enact a new ordinance to change the text of the zoning ordinance, or to change all of the zoning district map, or both, the advertisement in the official journal or a paper of general circulation, as required by La. R.S. 33:4724 (B), as may be amended from time to time, shall be considered adequate notice to the property owners.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.

      BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 14th day of December, 2021, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.

            UPON MOTION of Ryan Breaux, seconded by Ernest Ledet, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on November 9, 2021, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
  2. Disseminated to the Mayor and all Aldermen;
  3. Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 14th day of December, 2021,

The Board of Aldermen, on the 14th day of December, 2021, adopted Ordinance Number 2273 by virtue of the following votes:

YEAS: Ryan Breaux, Scotty Borel, Ernest Ledet, Neil Melancon, Eddy LeBlanc

NAYS: None

ABSENT: None

ABSENTIONS: None

ATTEST:                                                                                APPROVED:

______________________                                                     ________________________

KRISTI LEBLANC,                                                                RICKY CALAIS,

CITY CLERK                                                                          MAYOR

______________________                                                     ________________________

DATE                                                                                      DATE

Upon motion of Ryan Breaux, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen opened a public hearing for Ordinance #2274 (An ordinance to amend Chapter 19 of the Code of Ordinances, Subdivision Regulations, and sections therein, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-1, and following, regarding subdivision regulations, design and construction standards of improvements, maintenance and warranty requirements and regulations, and matters related thereto.)

City Attorney Bart Hebert explained that this ordinance would be updating some of the requirements pertaining to construction and subdivisions.  Mr. Hebert discussed the revisions that were made. 

The previous version of the ordinance stated that there could not be a contract or sale without a plat being approved which Mr. Hebert believed to be overly burdensome. He explained that it would be difficult to enforce this.

Another change was limiting the scope of what needs to go before the Planning and Zoning Commission and City Council.  If there is a subdivision with five or less lots with no new streets, there is no requirement to go before both boards for approval which is consistent with State Law.

Another change that was made was the ability to require up to 150% for security to build necessary infrastructure.

Alderman Neil Melancon explained that at a previous meeting the Board discussed that in this Ordinance a subdivision developer would not be allowed to build sidewalks as the houses were being built because as the ordinance read, all the sidewalks had to be built beforehand in order to obtain final plat approval.  Because of this, the Board decided to not approve a request from a subdivision developer to be able to obtain building permits prior to the sidewalks being built.  During that meeting, the Board decided to revisit this Ordinance.  Alderman Melancon said that sidewalks became an issue and he requested that Mr. Hebert discuss the changes within the new draft of the Ordinance that pertain specifically to sidewalks.

Mr. Hebert said the change that was made was that there is now an opportunity for a developer to plat a portion of the subdivision or improvements to be accepted.  The Board of Aldermen can now accept a final plat that does not include sidewalks, but will later be put into the final plat once the subdivision is finished and accepted. This second version of the final plat, which would include sidewalks, will then be subject to approval.  The ordinance places a cap of two years to comply with the infrastructure requirements. Mr. Hebert also explained that the ordinance no longer offers a letter of credit for the developers, but requires a bond if there is to be infrastructure changes after final plat approval.

Alderman Melancon requested that an irrevocable letter of credit be added to the ordinance as an option in addition to the performance and maintenance bonds.  Alderman Melancon explained that this would give the developer more options and flexibility to be able to develop a subdivision.  He explained that with a bond, an investigator with the bond company would be sent before the City would get the money to make the necessary changes.

Mr. Hebert explained that with a bond, it would be an insurance policy by which the City would be able to go and do the work that the developer did not do.

Alderman Melancon asked if the bond company would send out someone to inspect the infrastructure prior to giving the City the money.

Mayor Calais requested to the Board to go with only one option, a performance bond.

Mr. Hebert said that a letter of credit simply states that someone has a certain amount of money in an account at that given time.

Alderman Melancon stated that an irrevocable letter of credit is to ensure that whatever money is put into the account is held there and cannot be taken out until the last agreed upon day. 

Mr. Hebert stated that the previous ordinance did not specify an irrevocable letter of credit, but simply stated “letter of credit.”

Mayor Calais requested that the Board not go with an irrevocable letter of credit.  He explained that as he would be the one to enforce this requirement, it would be much easier and safer to only have one option, the bond.

Mr. Hebert explained that the necessity for a bond or letter of credit is in the event that the Board approves a phase of a subdivision with the agreement that the sidewalks would be built at a later time.  The extended warranty is required for after the infrastructure has been built.

Alderman Melancon stated that he is only one vote, but would request the Board consider re-adding the option of a letter of credit.

Mayor Calais stated that having performance and maintenance bonds would be safer and more protection for the City.

A member of the public explained that a letter of credit is proof that there is money in an account and cannot be taken out. 

Mr. Hebert disagreed with that definition of a letter of credit.  He further stated that the City has no current ordinance that defines what is required to implement a letter of credit. 

Alderman Melancon again requested the Board to consider adding an irrevocable letter of credit as an option for developers.

Upon motion of Ernest Ledet, duly seconded by Ryan Breaux, and unanimously carried, the Board of Aldermen closed the Public Hearing for Ordinance #2274.

Upon motion of Alderman Melancon, duly seconded by Scotty Borel and unanimously carried, the Board of Alderman moved to adopt Ordinance #2274 as submitted, except that the option of an “irrevocable letter of credit” in addition to the option of “performance bond” be permitted in all sections of Ordinance #2274 where “performance bond” is permitted, being sections 19-15, 19-30 and 19-50.

ORDINANCE NUMBER 2274

An ordinance to amend Chapter 19 of the Code of Ordinances, Subdivision Regulations, and sections therein, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-1, and following, regarding subdivision regulations, design and construction standards of improvements, maintenance and warranty requirements and regulations, and matters related thereto.

BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 14th day of December, 2021, that:

The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 19-2, 19-4, 19-5, 19-6, 19-15, 19-30, 19-33(h), 19-48, 19-49, 19-50 and 19-51, as follows:

Sec. 19-2 – Purpose.

Subdivision is in the process through which raw land is converted into building sites.  Included in the division of a lot, tract or parcel of land into two or more lots for the purpose of sale or building development for residential, commercial or industrial uses and the resubdivision of an existing lot on an existing street.  The physical arrangement of these lots along with provisions for streets, parks and other community facilities will enhance the quality of life and general welfare in the community.  Such regulations further establish standards that ensure the orderly growth and development of the community.

            Any sale of any lot or division of land either by lot description or by metes and bounds as defined in this subsection shall constitute a subdivision of land and require, prior to any sale and before the recordation of a deed, the submission of a plat to the planning commission.  The term “subdivision” does not include those subdivisions of land exempt in R.S. 33:106.1.

            This chapter shall not apply to:

  • Land in subdivisions legally recorded previously, except in the case of resubdivisions.
  • The subdivisions of land to be used for orchards, forestry or the raising of crops, provided the City Council certifies upon the plat that such land is to be used only for orchards, forestry or the raising of crops.
  • The subdivision of land that has been dedicated to recreational uses, and restricted against residential, commercial or industrial uses, by act executed by the owner of the land and filed for record in the public conveyance records of St. Martin Parish.  This exception shall no longer apply, and the subdivision approval shall be necessary, in the event that the dedication is revoked to allow residential, commercial or industrial uses.

Sec. 19-4 – Jurisdiction.

These subdivisions regulations shall govern all forms of subdivisions as defined herein and shall be applicable to all of the area within the current incorporated limits of Breaux Bridge and includes any areas added to the City of Breaux Bridge in future annexations.  A subdivision plat shall not be recorded in the office of the St. Martin parish Clerk of Court until proper approval has been given by the City of Breaux Bridge.  No improvements in any subdivision shall be made until preliminary plat approval is granted by the City of Breaux Bridge Planning Commission and the City Council.

  • This chapter shall not apply to:

(1)        Land in subdivisions previously recorded with the Clerk of Court, except in the case of resubdivisions.

            (2)        The subdivision of land to be used for agricultural purposes.

(3)        The subdivision of land properly filed with the Clerk of Court that has been dedicated to recreational uses, and restricted against residential, commercial or industrial uses.  Should this dedication be revoked, this exception shall no longer apply, and the subdivision approval shall be necessary.

(4)        Subdivision of land creating five (5) or less lots not involving the creation of any new streets. No plat subdividing land into five (5) or less lots and not involving the creation of any new streets shall be recorded in the office of the St. Martin Parish Clerk of Court until proper approval has been given by Planning Administrator and the Mayor of the City of Breaux Bridge.  Likewise, no improvements on any such lands shall be made until plat approval is granted by the Planning Administrator and Mayor of the City of Breaux Bridge. Whoever, being the owner or agent of the owner of any such land transfers or sells any part or parcel of such land by reference to or exhibition of or by use of a plat of a subdivision of such land as set forth in this Section 19-4 (a) (4), before such plat has received approval by the Planning Administrator and Mayor of the City of Breaux Bridge as provided in this subsection and recorded or filed in the Clerk of Courts office of St. Martin Parish, shall forfeit and pay a penalty of $500.00 for each lot or parcel so transferred, or sold.  The other documents used in the process of selling or transferring shall except from the transaction the penalty provided in this subsection.

Sec. 19-5 – Variances.

If the parcel of land to be subdivided is of such unusual qualities (e.g., size, shape or topography), or is surrounded by such development or unusual conditions, that the strict application of the requirements included in this Chapter would result in an undue hardship, or inequity, the  City Council may vary or modify such requirements of design, but not of procedure or off-site improvements, so that the developer may develop his property in a reasonable manner, but at the same time protecting the public welfare and interests of the city while preserving the general intent and spirit of this chapter.

(a)        Any authorized variance is required to be entered in writing in the minutes of the City Council along with the reasons for granting such variance.

Sec. 19-6 – Penalty for sale or transfer of lots prior to approval and recording of plat.

Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells any land by reference to or exhibition of or by use of a plat of a subdivision, before such plat has received final approval as provided in this Chapter and recorded or filed in the Clerk of Court’s office of St. Martin Parish, shall forfeit and pay a penalty of $500.00 for each lot or parcel so transferred, or sold.  The other documents used in the process of selling or transferring shall except from the transaction the penalty provided in this section.

Sec. 19-15 Platting of portion of area; completion of improvements; certification of approval.

(a)        The developer may wish to submit for final plat approval by the planning commission only that portion of the approved preliminary plat which the developer proposes to record and develop at that time. In such case, the developer shall submit to the planning commission a certificate, signed by the city engineer, stating that the required improvements are in place and built to acceptable standards. Where only part of the improvements, as approved by the city, have been satisfactorily completed, certification shall be only as to these improvements and a bond, or Irrevocable Letter of Credit, as determined by City Council, to ensure complete construction in time frame permitted by the city shall be submitted in the amount of 125 percent, at minimum, and up to 150 percent of the estimated construction cost of the un-built portion. Final plat approval will be issued only for those areas and/or improvements having been completed and so certified by the engineer. Upon completion of the required improvements, the developer shall notify the planning commission in writing and request an inspection. The city engineer shall inspect the improvements and shall notify the developer by mail of the findings of the inspection. If the improvements are deficient, the reasons for the deficiency shall be stated and corrective measures shall be outlined in the letter of notification. If the improvements are satisfactory, an updated final plat, showing the improvements, shall be submitted to the planning commission for approval.

(b)        Where part of the improvements has not been satisfactorily completed and accepted at time of submittal of final plat approval, and a bond or Irrevocable Letter of Credit, as determined by city council, to ensure complete construction is submitted, any and all such un-built improvements must be satisfactorily completed within the time permitted by the city and in no event later than two (2) years.

(c)        Before approving the final plat, the city will require proof that the improvements required in this chapter have been satisfactorily completed. If the final plat conforms to the approved preliminary plat and if the necessary improvements are constructed in accordance with the approval plans, the final plat shall be approved by the city council.  Following receipt of the final plat by the planning commission, the city council shall act upon the final plat within 60 days after receipt of the recommendation and report from the planning commission, unless the developer agrees to the extension of this period. 

(d)       The approval of the city shall be shown on the plat with the date of such approval and over the signature of the Mayor, City Engineer and Zoning Administrator.

(e)        Effect of failure of the city council to take action; notice of disapproval.  Failure of the city council to approve or disapprove the final plat within 60 days after receipt of the recommendation and report from the planning commission shall be deemed to be concurrence with the recommendation of the planning commission, be it for approval or disapproval of the plat.  If the plat is disapproved, the grounds for disapproval shall be stated upon the records of the city council and a letter transmitted to the developer stating the reasons for such disapproval.

Sec. 19-30 – Installation of improvements, or other options, prior to approval of the final plat.

            The improvements listed in this article shall be installed prior to approval of the final plat and construction permits shall not be issued until the installation is complete and accepted by the city unless the planning commission and City Council approve one of the following options (except to those required prior to final plat approval elsewhere in this Chapter 19):

(a)        The developer establishes an escrow account and written agreement with an independent escrow agent whereby all funds are held until completion of the required improvements and acceptance by the City of Breaux Bridge.

(b)        The developer obtains a bond guaranteeing the installation of all required improvements in the time permitted by the City but in no event longer than two years of said submission.

(c)        The developer obtains an Irrevocable Letter of Credit guaranteeing the installation of all required improvements in the time permitted by the City but in no event longer than two years of said submission.

Sec. 19-33 – Street improvements.

(h)        Sidewalks.  Concrete sidewalks shall be provided on both sides of all streets.  Sidewalks shall be a minimum of four feet wide and four inches thick.  Sidewalks are required along the frontage of each residential lot. Certificates of occupancy will not be issued until such time that the sidewalk is constructed. In those cases where the frontage is common area (residential) the developer shall be required to construct the sidewalk prior to final plat approval. Sidewalks shall meet ADA requirements and City requirements. Sidewalks must be constructed prior to the acceptance of such improvements by the City Council.

Sec. 19-48 – Certification of Improvements.

            The design engineer of record who has stamped the plans is required to provide a letter of certification to the city.  The letter shall certify that all improvements were constructed in accordance with the approved plans and specifications.  Once the engineer has provided the certification, testing and inspection reports and record drawings the City Engineer will review and inspect the completed work.  The City Engineer may require additional testing of the completed facilities to assure the quality of the constructed facilities.  All the testing, including the additional testing required by the City Engineer, shall be paid by the developer.

(a)        Certification of the Subdivision Improvements

The design engineer of record who has signed and stamped the plans is required to provide a letter of certification to the City and the City Engineer. The letter shall certify that all the subdivision improvements were constructed using the required inspection, testing and quality control measures and in conformance with the approved plans and specifications.

(b)        Submittal of Test Reports

The design engineer shall submit copies of all testing reports to the City Engineer as they are completed. Perform and submit to the City Engineer all required post construction testing reports showing the quality of all the improvements as soon as possible after construction.

(c)        Record Drawings

The design engineer shall submit three (3) sets of construction plans updated to show the record locations of all the subdivision improvements to the City Engineer for the City. Building permits will not be issued for building construction in the subdivision until record drawings of required improvements are submitted to the City.  For open ditch drainage systems, a culvert table shall be included as described in Section 5.1(b).

Section 19-49 – Dedication.

  • How established. A public and/or private street, utility or other easement, right-of-way or other right granted to the public, shall be established through the provisions of this section.

             A public and/or private street, utility or other easement, right-of-way or other right granted to the public, is established when designated on a final plat. This does not establish an obligation of perpetual maintenance by the governing body.

  • Submission contents. When property is to be dedicated at the time of final plat approval, the dedicated property shall be shown on the plat submitted for recordation. The plat shall contain the information required for final plats generally, and, with regard to the areas dedicated, shall contain the following additional data:
  • The names, locations, dimensions, boundaries, courses and other geographic data for each street, alley, easement, right-of-way, square, park or other right or property granted or dedicated to the public.
  • The name and number of each lot, square, park or other parcel dedicated to public use.
  • The purpose or use for which the dedication is made (e.g., drainage servitude).
  • A certificate of a licensed surveyor or civil engineer of the State of Louisiana stating that the same is in accordance with the provisions of R.S. 33:5051 and with the laws and ordinances of St. Martin Parish.
  • A formal act of dedication executed by the owner or owners of the property or their duly authorized agent of the streets, alleys, easements, servitudes, parks, squares or other items or areas to be dedicated to public use.

(c)        Procedure. A proposal for dedication shall be submitted to the city in compliance with appropriate submission requirements. No plat which dedicates land to the public shall be accepted by the city for recordation until the offer of dedication has been accepted by the governing body.

(d)       Effect of dedication. A dedication shall irrevocably vest the public with title to the items so dedicated, subject to the right of the governing authority to abandon, revoke or dispose of any public property or dedication.

When a private street is established in a subdivision, the designated right-of-passage shall be owned by the developer or another private entity or entities. Nothing contained herein shall operate to negate or alter the provisions of R.S. 33:5051, or any other statutory provisions relative to dedication or the jurisprudence interpreting same.

(e)        Approval by the planning commission of the final plat of any development or subdivision shall not constitute an acceptance by the city of the roads, streets, other public lands or improvements for dedication for public use or for perpetual maintenance by the city. The acceptance for perpetual maintenance of any improvements on these lands shall be accepted by the city only by specific action of the council.

Sec. 19-50 – Acceptance of Improvements.

(a)        Warranty and Maintenance Agreement & Bonds or Irrevocable Letter of Credit

When the construction of the subdivision improvements is completed, the developer and his contractor shall prepare a written request to the City of Breaux Bridge asking the City to accept the completed improvements.  With the request, the developer and his contractor shall file an agreement with the City of Breaux Bridge to provide a warranty of two (2) years from the date of acceptance by the City as complete (Note this does not constitute acceptance for perpetual maintenance). The developer and his contractor further agree that they are responsible for the proper maintenance of the improvements during the warranty period. The developer and contractor shall provide a bond or Irrevocable Letter of Credit, as determined by City Council, covering the first year of the warranty, equal to 100% of the construction cost of the public subdivision facilities constructed, as determined by City Engineer. The developer and contractor shall also provide a second bond or Irrevocable Letter of Credit, as determined by City Council, equal to 10% of said construction cost of the public subdivision facilities constructed, covering the second year of the warranty. The approved bonds or Irrevocable Letters of Credit shall specifically cover any and all corrective and maintenance work required during the two (2) year warranty period. These approved bonds or Irrevocable Letters of Credit shall be utilized by the City if the developer and contractor do not provide the required corrective and maintenance work. Perpetual Maintenance by the City of Breaux Bridge shall not be assumed before the end of the warranty period. The City Attorney shall approve the developer’s and contractor’s warranty, maintenance agreement, and bonds or Irrevocable Letters of Credit prior to the City’ acceptance.

(b)        City Acceptance of Improvements for Perpetual Maintenance

An inspection shall be made by the developer, the contractor and the City Engineer sixty (60) calendar days prior to the expiration of the warranty period to determine if any corrective and/or maintenance work is required. Corrective and/or maintenance work shall be completed by the developer and contractor or by use of the bonds or Irrevocable Letters of Credit, as applicable, prior to the end of the warranty period. At the end of the warranty period the City Engineer shall make a final inspection. If he finds that no failures or problems exist he will then recommend acceptance of the subdivision facilities by the City of Breaux Bridge for perpetual maintenance. Upon acceptance, the City shall then provide written approval for the cancellation of the bonds or Irrevocable Letters of Credit.

Once the design engineer has provided the certification, testing and inspection reports and record drawings the City Engineer will review and inspect the completed work.  When the construction work is found completed to the satisfaction of the City Engineer, the City Engineer will recommend acceptance of the public facilities by the city for perpetual maintenance.

Sec. 19-51 – Extended Warranty.

            The City of Breaux Bridge requires an extended warranty of two (2) years from the date of acceptance by the city for perpetual maintenance on all improvements that are public facilities located in public right of ways, easements and servitudes. This extended warranty shall be provided by the developer and secured by an Irrevocable Letter of Credit, in a form acceptable to the City Attorney, for the purpose of guaranteeing to the City of Breaux Bridge the availability of funds for the purpose of warranty against faulty construction of improvements.  The amount of the Irrevocable Letter of Credit shall be equal to twenty percent (20%) of the total cost of construction of the streets and drainage, as determined by City Engineer.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.

      BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 14th day of December, 2021, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.

            UPON MOTION of Neil Melancon, seconded by Scotty Borel, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on November 9, 2021, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
  2. Disseminated to the Mayor and all Aldermen;
  3. Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 14th day of December, 2021.

The Board of Aldermen, on the 14th day of December, 2021, adopted Ordinance Number 2274 by virtue of the following votes:

YEAS: Ryan Breaux, Scotty Borel, Ernest Ledet, Neil Melancon, Eddy LeBlanc

NAYS: None

ABSENT: None

ABSENTIONS: None

ATTEST:                                                                                APPROVED:

______________________                                                     ________________________

KRISTI LEBLANC,                                                                RICKY CALAIS,

CITY CLERK                                                                          MAYOR

______________________                                                     ________________________

DATE                                                                                      DATE

Upon motion of Ryan Breaux, duly seconded by Ernest Ledet and unanimously carried, the Board of Aldermen approved authorizing Mayor Calais to pursue to purchase of the Pellerin Property located directed adjacent to City Hall, pending proper appraisals.

Upon motion of Eddy LeBlanc, duly seconded by Ryan Breaux, and unanimously carried, the Board of Aldermen approved authorizing Mayor Calais to award the contract for the Water Well No. 7 Construction contingent on concurrence from Facility Planning and Control and recommendation of the Engineer.

Upon motion of Eddy LeBlanc, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen approved authorizing Mayor Calais to accept the Sewer Extension North of I-10 Project as complete contingent of concurrence by DEQ and the recommendation of the Engineer.

Upon motion of Ryan Breaux, duly seconded by Eddy Leblanc, and unanimously carried, the Board of Aldermen accepted a Resolution of Support for the Grand Point Sidewalk Project.

CITY OF BREAUX BRIDGE

RESOLUTION

A RESOLUTION SUPPORTING

THE CITY OF BREAUX BRIDGE MPO APPLICATION

CONCERNING SIDEWALK CONSTRUCTION ALONG GRAND POINT HIGHWAY

WHEREAS,   the City of Breaux Bridge is pursuing needed sidewalk projects that will provide for and enhance pedestrian traffic throughout our City; and

WHEREAS,   Grand Point Highway (State Highway 347) runs through a major residential section of our City; and

WHEREAS,   sidewalks are important in connecting neighbors and citizens to one another, and

WHEREAS,  sidewalks are critical in providing pedestrian access to shopping and recreational opportunities for those with limited transportation,

NOW THEREFORE BE IT RESOLVED by the Board of Aldermen of the City of Breaux Bridge that it does hereby authorize the application to the Acadiana MPO and commits to the City’s required 20% funding share.

This Resolution shall become effective immediately upon its adoption.

By motion of Alderman Ryan Breaux, duly seconded by Alderman Eddy LeBlanc, the above Resolution was adopted by the following vote on this 14th day of December, 2021:

YEAS: Ryan Breaux, Scotty Borel, Ernest Ledet, Neil Melancon, Eddy LeBlanc              

NAYS: None             

ABSENT: None         

ABSTAIN: None                                                                               

AND THIS RESOLUTION was declared adopted as of the 14th day of December, 2021.

Signed: ________________________________________________  

                      Ricky J. Calais, Mayor, City of Breaux Bridge

CERTIFICATE

            I, Kristi LeBlanc, City Clerk of the City of Breaux Bridge, do hereby certify that the above is a true and exact copy of a resolution adopted by the City Council of the City of Breaux Bridge on December 14, 2021, at which time a quorum was present and voting.

_____________________________

KRISTI LEBLANC, CLERK                       

Upon motion of Ryan Breaux, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen opened a public hearing pertaining to the rezoning of twenty-three lots located on Latiolais Drive from Commerical-5 to Residential-3.

Upon motion of Ernest Ledet, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen closed the public hearing pertaining to the rezoning of twenty-three lots located on Latiolais Drive from Commerical-5 to Residential-3.

Upon motion of Ernest Ledet, duly seconded by Eddy LeBlanc, and unanimously carried the Board of Aldermen approved the rezoning of the following lots, as described by the St. Martin Parish Assessor’s Office, from Commercial-5 to Residential-3, to wit:

Parcel Id. Nos. 05902C0865, 05902C1163, 05902D1204, 05902D1305, 05902D1105, 05902D1006,05902D0907, 05902D0808, 05902D1007, 05902D1206, 05902D1107, 05902D0908, 05902D0809, 05902D1210, 05902D1209, 05902D1409, 05902D1508, 05902D1312, 05902D1414, 05902D1515, 05902D1819, 05902D2123 and 05902D2326.

Upon motion of Eddy LeBlanc, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen approved the re-addition of item #9 to the agenda.

            Item #9: Approve or deny authorization of Mayor Calais to sign the final plat for the Parc             Ridge Subdivision Phase I on behalf of the City Council.

Developer of Parc Ridge subdivision, Jeremy Breaux requested time to speak before the Board. Mr. Breaux requested that the Board consider approving final plat of Phase I of Parc Ridge subdivision.  He explained that within the Ordinance, there is no specification of the order in which the plat must be approved.  He said that even though, typically it goes before the Planning and Zoning Commission and then to the City Council, it does not expressly say that order within the Ordinance.  For this reason, Mr. Breaux requested that the Board consider approving final plat prior to the Planning and Zoning Commission’s approval. 

Mayor Calais explained that if the Board would go forward with the approval, the developer would still have to wait until the Planning and Zoning Commission’s approval which would not take place until the first Tuesday in January.

Alderman Melancon said that this was not the process intended in the Ordinance and expressed his disagreement with setting a precedent for approving items before they have gone before the Planning and Zoning Commission.

Mr. Hebert stated that it is not required to go before the Planning and Zoning Commission prior to City Council approval. 

Alderman Melancon asked if it was now proper for developers to come before the Board for final plat approval before they go before the Planning and Zoning Commission.

Alderman Breaux pointed out that within the Ordinance, order of approval is not specified, only that the plat must be approved by both bodies.

Alderman Melancon again expressed his disagreement with going against the traditional process.

Mr. Hebert explained that this development along with one other are the only subdivisions that have been subject to this Ordinance.

Upon motion Ryan Breaux, duly seconded by Scotty Borel, the Board of Aldermen approved the final plat for Phase I of Parc Ridge Subdivision, contingent upon the verification of the bonds and recommendation from the Engineer with the vote being as follows:

            Yeas: Ryan Breaux, Scotty Borel, Ernest Ledet, Eddy LeBlanc

            Nays: Neil Melancon

Upon motion Ernest Ledet, duly seconded by Ryan Breaux and unanimously carried, the meeting of the Mayor and Board of Aldermen was adjourned.

___________________________________                          ______            ________________________

Kristi LeBlanc, CMC                                                                 Ricky Calais

City Clerk                                                                                 Mayor