The official zoning map of the City of La Grange shall be kept
in the office of the city secretary and one copy shall be maintained
in the office of the building inspector.
It shall be the duty of the city engineer to keep the official
map current and the copies thereof, herein provided for, by entering
on such maps any changes which the city council may from time to time
order by amendments to the zoning ordinance and map.
The city secretary, upon the adoption of this ordinance shall
affix a certificate identifying the map in his office as the official
zoning map of the City of La Grange. He shall likewise officially
identify the copies directed to be kept by the zoning commission and
in the office of the building inspector.
(Ordinance 09-10 adopted 10/12/09)
Subsection 14A-16-1.
Administrative official.
The provisions of this ordinance shall be administered and enforced
by the building inspector of the City of La Grange.
The building inspector or any duly authorized person shall have
the right to enter upon any premises at any reasonable time for the
purpose of making inspections of buildings or premises necessary to
carry out his duties in the enforcement of this ordinance.
Whenever any construction work is being done contrary to the
provisions of this ordinance, the building inspector may order the
work stopped by notice in writing served on the owner or contractor
doing or causing such work to be done, and any such person shall forthwith
stop such work until authorized by the building inspector to proceed
with the work.
Subsection 14A-16-2.
Requirements for building
permit.
All applications for building permits shall be
accompanied by accurate plot plans, submitted in duplicate, drawn
to scale, showing:
(a)
The actual shape and dimensions of the lot to be
built upon.
(b)
The exact sizes and locations on the lot of the
buildings and accessory buildings then existing.
(c)
The lines within which the proposed building and
structure shall be erected or altered.
(d)
The existing and intended use of each building
or part of building.
(e)
The number of families or housekeeping units the
building is designed to accommodate.
(f)
Such other information with regard to the lot and
neighboring lots as may be necessary to determine and provide for
the enforcement of this ordinance.
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One copy of such plot plans will be returned to the owner when
such plans have been approved. An inspection period of as much as
two (2) weeks shall be allowed for inspection of plans before a permit
shall be issued.
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All dimensions shown on these plans relating to the
location and size of the lot to be built upon shall be based on an
actual survey by a qualified registered surveyor and the lot shall
be staked out on the ground before construction is started.
Subsection 14A-16-4.
Completion of authorized
buildings.
Nothing in these regulations nor in any amendments
hereto which change district boundaries shall require any change in
the plans, construction or designated use of a building which shall
be completed in its entirety within two (2) years from the date of
the passage of this ordinance, provided such building was authorized
by building permit before the passage of this ordinance, and further
provided construction shall have been started within ninety (90) days
of the passage of this ordinance.
Commitments with reference to construction for public utility
buildings and other municipal buildings and facilities necessary for
proposed expansion of the city made prior to the passage of this ordinance
shall be observed.
Subsection 14A-16-5.
Newly annexed areas.
(a)
Zoning annexed areas.
All territory
annexed to the City of La Grange hereafter shall be temporarily classified
as District R, Single-Family and Two-Family Residential, only until
permanently zoned by the city council of the City of La Grange. The
zoning commission shall, as soon as practicable after annexation of
any territory, recommend to the city council a plan for permanent
zoning in the area. The procedure to be followed for adoption shall
be the same as is provided by law for the adoption of original zoning
regulations.
(b)
Permits in temporary zoned areas.
In an area temporarily classified as District R, Single-Family and
Two-Family Residential, no permit for the construction of a building
or use of land other than types of buildings or land use allowed in
said district under this zoning ordinance shall be issued by the building
inspector until such permit has been specifically authorized by the
city council after receipt of recommendation from the zoning commission.
Permits for the construction of buildings in a newly annexed
territory prior to permanent zoning may be authorized under the following
conditions: An application for any use shall be made to the building
inspector, said application to show the use contemplated, and a plat
showing the size and type of buildings to be constructed; and if such
application is for other than a building allowed in District R, Single-Family
and Two-Family Residential, it shall be referred to the zoning commission
for recommendation to the city council, which shall grant or deny,
the permit; provided that a favorable vote of a three-fourths (3/4)
majority of all the members of the city council shall be required
if the recommendation of the zoning commission is not followed.
(c)
Unplatted property.
The zoning commission
of the City of La Grange shall not approve any plat or any subdivision
within the city limits of the City of La Grange until the area covered
by the proposed plat shall have been permanently zoned by the city
council of La Grange.
(Ordinance 09-10 adopted 10/12/09)
The word "board" when used in this ordinance shall be construed
to mean the board of adjustment.
Subsection 14A-17-1.
Organization and procedure.
(A)
Establishment.
A board of adjustment
is hereby established in accordance with the provisions of State law,
regarding the zoning of cities and with the powers and duties as provided
in said statutes.
(B)
Membership.
The board shall consist
of five (5) citizens of La Grange, each to be appointed or reappointed
by the mayor and confirmed by the city council, for staggered terms
of two (2) years respectively. Each member of the board shall be removable
for just cause by the city council upon written charges and after
public hearings. Vacancies shall be filled by the city council, including
those vacancies for the unexpired term of any member who does not
serve his full term. The board shall elect its own chairman, who shall
serve for a period of one year or until his successor is elected.
(C)
Meetings.
Meetings of the board shall
be held at the call of the chairman and at such other times as three
or more members of the board may request.
(D)
Hearings.
The hearings of the board
shall be public. However, the board may go into executive session
for discussion to the extent allowed under state law, but in no event
may the board hold a binding vote on any proposed action during such
executive session. The board shall hear the testimony, reasonably
time-limited to the extent deemed prudent by the chairman, of any
party that may be affected by a proposed action of the board, including,
without limitation, any owner of property adjacent to, in the rear
of, or across the street from a lot that is the subject of such proposed
action.
(E)
Rules and regulations.
Seventy-five
percent (75%) of the qualified board members shall be required to
hear any case before the board. The board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or
if absent or failing to vote, indicating such fact and shall keep
records of its examinations and other official actions, all of which
shall be immediately filed in the office of the board and shall be
a public record.
The following actions require a concurring vote by seventy-five
percent (75%) of the qualified board members:
(1)
Reversal of an order, requirement, decision, or
determination of the building inspector;
(2)
Decision in favor of an application on a matter
on which the board is required to vote including, but not limited
to the approval of a special exception under Subsection 17-3, below;
and
(3)
Authorization of a variance under Subsection 17-3(D),
below. In calculating the number of votes required by the prior sentence,
the total number of members shall include absent members, but vacancies
and disqualifications shall not be included except to the extent required
under state law. The board shall adopt from time-to-time such additional
rules and regulations as it may deem necessary to carry into effect
the provisions and purposes of the ordinance, and shall furnish a
copy of the same to the building inspector, all of which rules and
regulations shall operate uniformly in all cases. All of its resolutions
and orders shall be in accordance therewith.
Subsection 14A-17-2.
Appeals.
(A)
Procedure.
Appeals of a decision
made by the building inspector may be taken to and before the board
by (1) any person aggrieved by such decision, or (2) by any officer,
department, board or bureau of the city. Such appeal shall be made
by filing with the office of the board a notice of appeal and specifying
the grounds thereof. The office or department from which the appeal
is taken shall forthwith transmit to the board all of the papers constituting
the record upon which the action appealed from was taken.
(B)
Stay of proceedings.
An appeal shall
stay all proceedings in furtherance of the action appealed from unless
the building inspector shall certify to the board that by reason of
facts stated in the certificate, a stay would, in his opinion, cause
imminent peril to life or property, in which case proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the board or by a court of equity, after notice to the officer
from whom the appeal is taken and on due cause shown.
(C)
Notice of hearing on appeal.
The
board shall fix a reasonable time for the hearing of the appeal or
other matter referred to it, and shall mail notices of such hearing
to the petitioner and to the owners of property lying within two hundred
(200) feet of any point of the lot or portion thereof on which a variation
is desired, and to all other persons deemed by the board to be affected
thereby, such owners and persons being determined according to the
current tax rolls of the City of La Grange and depositing of such
written notice in the mail shall be deemed sufficient compliance therewith.
(D)
Decision by board.
The board shall
decide the appeal within a reasonable time. Upon the hearing, any
party may appear in person or by agent or attorney. The board may
reverse or affirm, wholly or partly or may modify the order, requirements,
decisions, or determination appealed from and shall make such order,
requirement, decision or determination as in its opinion ought to
be made in the premises, and to that end, shall have all powers of
the officer or department from whom the appeal is taken.
Subsection 14A-17-3.
Powers and duties of board.
(A)
Subpoena witnesses, etc.
The chairman
shall have the power to compel the testimony of witnesses, and administer
oaths, under such regulations as the board may establish.
(B)
Appeals based on error.
The board
shall have the power to hear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination
made by the building inspector in the enforcement of the City's
zoning ordinance. The board, in hearing and deciding such appeals
may reverse or affirm, or modify the building inspector's order,
requirement, decision or determination and for that purpose the board
has the same authority as such building inspector.
(C)
Special exceptions.
The board shall
hear and decide special exceptions to the terms of the city's
zoning ordinances that are consistent with the general purpose and
intent of the ordinance as follows, provided that the board may not
grant a special exception without first determining the use is compatible
with neighboring property:
(1)
To permit the erection and use of buildings for
railroads or the use of premises for railroads.
(2)
To permit a public utility or public service use
or structure in any district, or a public utility or public service
building of a ground area and of a height at variance with those provided
for in the district in which such public utility or public service
building is permitted to be located, when found reasonably necessary
for the public health, convenience, safety or general welfare.
(3)
To permit a transitional use between a business
or industrial and a residential district where the side of a lot in
District R abuts upon a lot zoned for business or industrial purposes
as follows:
(a)
On
a lot in District R, which sides upon a lot zoned for business or
industrial purposes, the board may permit a two-, three- or four-family
dwelling on a lot with an area of not less than six thousand (6,000)
square feet.
(b)
Provided,
however, that in no case shall any transitional use have a width of
more than one hundred (100) feet.
(4)
To grant a permit for the extension of a use, height
or area regulation into an adjoining district, where the boundary
line of the district divides a lot in a single ownership on the effective
date of this ordinance.
(5)
To permit the reconstruction of a nonconforming
building which has been damaged by explosion, fire, act of God, or
the public enemy, to the extent of more than fifty percent (50%) of
its fair market value, where the board finds some compelling necessity
requiring a continuance of the nonconforming use and the primary purpose
of continuing the nonconforming use is not to continue a monopoly.
(6)
To waive or rescue the parking and loading requirements
in any of the districts whenever the character or use of the building
is such as to make unnecessary the full provisions of parking or loading
facilities, or where such regulations would impose an unreasonable
hardship upon the use of the lot, as contrasted with merely granting
an advantage or a convenience.
(7)
To permit land within three hundred (300) feet
of a multifamily dwelling to be improved for the parking spaces required
in connection with a multifamily dwelling, but only when there is
positive assurance that such land will be used for such purpose during
the existence of the multifamily dwelling.
(8)
To determine in cases of uncertainty the classification
of any use not specifically named in this ordinance.
(D)
Variances.
The board shall have the
power to authorize upon appeal in specific cases such variance from
the terms of the city's zoning ordinances as will not be contrary
to the public interest, where, owing to special conditions, a literal
enforcement of the provisions of this ordinance will result in unnecessary
hardship, and so that the spirit of the city's zoning ordinances
shall be observed and substantial justice done, including but not
limited to the following:
(1)
Permit a variance in the yard requirements of any
district where there are unusual and practical difficulties or unnecessary
hardships in the carrying out of these provisions due to an irregular
shape of the lot, topographical or other conditions, provided such
variance will not seriously affect any adjoining property or the general
welfare.
(2)
Authorize upon appeal, whenever a property owner
can show that a strict application of the terms of this ordinance
relating to the use, construction or alterations of buildings or structures
or the use of land will impose upon him unusual and practical difficulties
or particular hardship, such variances from the strict application
of the terms of this ordinance as are in harmony with its general
purpose and intent, but only when the board is satisfied that a granting
of such variation will not merely serve as a convenience to the applicant,
but will alleviate some demonstrable and unusual hardship or difficulty
so great as to warrant a variance from the comprehensive plan as established
by this ordinance, and at the same time, the surrounding property
will be properly protected.
The board may not, through variance, authorize a change in use
regulations applicable for a subject property. The board shall not
authorize a variance based solely upon economic hardship of compliance
with the City's zoning ordinances, but may consider the financial
costs of compliance greater than 50 percent of the appraised value
of the structure.
(E)
Changes.
The board shall have no
authority to change any provisions of this ordinance and its jurisdiction
is limited to hardship and borderline cases which may arise from time-to-time.
(Ordinance 09-10 adopted 10/12/09; Ordinance
23-01 adopted 1/23/2023)
Subsection 14A-18-1.
Required for.
Certificates of occupancy shall be required for any of the following:
(a)
Occupancy and use of a building hereafter erected
or structurally altered.
(b)
Change in use of an existing building to a use
of a different classification.
(c)
Occupancy and use of vacant land, except agricultural
use.
(d)
Change in the use of land to a use of a different
classification.
(e)
Any change in the use of a conforming use.
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No such occupancy, use or change of use, shall take place until
a certificate of occupancy therefor shall have been issued by the
inspector of buildings.
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Subsection 14A-18-2.
Procedure for new or altered
buildings.
Written application for a certificate of occupancy
for a new building or for an existing building which is to be altered
shall be made at the same time as the application for the building
permit for such building. Said certificate shall be issued within
three (3) days after a written request for the same has been made
to said building inspector or his agent after the erection or alteration
of such building or part thereof has been completed in conformity
with the provisions of this ordinance.
Subsection 14A-18-3.
Procedure for vacant land
or a change in use.
Written application for a certificate
of occupancy for the use of vacant land, or for a change in the use
of land or a building, or for a change in a nonconforming use, as
herein provided, shall be made to said building inspector. If the
proposed use is in conformity with the provisions of this ordinance,
the certificate of occupancy therefor shall be issued within three
(3) days after the application for same has been made.
Subsection 14A-18-4.
Contents.
Every
certificate of occupancy shall state that the building or the proposed
use of a building or land complies with all provisions of law. A record
of all certificates of occupancy shall be kept in file in the office
of the building inspector or his agent and copies shall be furnished
on request to any person having proprietary or tenancy interests in
the building or land affected.
Subsection 14A-18-5.
Temporary certificate.
Pending the issuance of a regular certificate, a temporary certificate
of occupancy may be issued by the building inspector for a period
not exceeding six (6) months, during the completion of alterations
or during partial occupancy of a building pending its completion.
Such temporary certificates shall not be construed as in any way altering
the respective rights, duties or obligations of the owners or the
city relating to the use or occupancy of the premises or any other
matter covered by this ordinance.
Subsection 14A-18-6.
Certificates for nonconforming
uses.
A certificate of occupancy shall be required for
all lawful nonconforming uses of land or buildings created by adoption
of this ordinance. Application for such certificate of occupancy for
a nonconforming use shall be filed with the building inspector by
the owner or lessee of the building or land occupied by such nonconforming
use within one year of the effective date of this ordinance [December
20, 1971]. It shall be the duty of the building inspector to issue
a certificate of occupancy for a lawful nonconforming use, but failure
to apply for such certificate of occupancy for a nonconforming use,
or refusal of the building inspector to issue a certificate of occupancy
for such nonconforming use shall be evidence that said nonconforming
use was either illegal or did not lawfully exist at the effective
date of this ordinance.
(Ordinance 09-10 adopted 10/12/09)
Subsection 14A-19-1.
Authority.
The city council may from time to time amend, supplement or change
by ordinance the boundaries of the districts or the regulations herein
established.
Subsection 14A-19-2.
Submission to zoning commission.
Before taking action on any proposed amendment, supplement or
change the city council shall submit the proposed revision to the
zoning commission for its recommendation and report.
(1)
Procedure before the zoning commission:
(a)
The zoning commission shall hold a public hearing
on all proposed changes in zoning regulations or district boundaries
and written notice of all such public hearings shall be sent to all
owners of real property lying within two hundred (200) feet of the
property on which the change in zoning regulations or district boundaries
is proposed. Such notice shall be given not less than ten (10) days
before the day set for hearing to all such owners who have rendered
their said property for city taxes as the ownership appears on the
last approved city tax roll. Such notice may be served by depositing
the same, properly addressed and postage paid, in a United States
Post Office. Where property lying within two hundred (200) feet of
the property proposed to be changed is located in territory which
was annexed to the city after the final date for making renditions
which are included on the last approved city tax roll, notice to such
owners shall be given by publishing the same in a newspaper of general
circulation in the City of La Grange, at least ten (10) days prior
to the date set for hearing, which shall state the time and place
of such hearing.
(b)
After such hearing, the zoning commission shall
make its recommendation regarding the change in zoning regulations
or district boundaries to the city council.
(c)
Each such recommendation made by the zoning commission
shall be reported to the city council, in writing, and the applicant
notified of the action of the zoning commission.
(d)
The zoning commission shall establish an[d] maintain
a separate file for each application received, and shall record the
names and addresses of all persons, firms, and corporations to whom
notices are mailed, including the date of mailing and the persons
by whom such notices were delivered to the United States Post Office.
All records and files herein provided shall be permanent and official
files of the City of La Grange.
Subsection 14A-19-3.
Public hearing.
A public hearing shall be held by the city council before adopting
any proposed amendment, supplement, or change. Notice of such hearing
shall be given by publication one time in a paper of general circulation
in the City of La Grange, stating the time and place of such hearing,
which time shall not be earlier than fifteen (15) days from the first
date of publication.
Subsection 14A-19-4.
In case of protest.
Unless such proposed amendment, supplement or change has been
approved by the zoning commission or in case of a protest signed by
the owners of twenty per cent (20%) or more either of the area of
the lots included in such proposed change, or of those immediately
adjacent in the rear thereof extending two hundred (200) feet therefrom,
or of those directly opposite thereto extending two hundred (200)
feet from the street frontage of such opposite lots, or of those immediately
adjacent on either side of the area of said lots extending two hundred
(200) feet therefrom, such change shall not become effective except
by the favorable vote of three-fourths (3/4) of all the members of
the city council.
Subsection 14A-19-5.
Petition by owners.
Whenever the owners of at least fifty per cent (50%) of all
the property situated within the area bounded by a line two hundred
(200) feet in all directions from the site of any proposed change
shall present a petition, duly signed and acknowledged, to the city
council, requesting an amendment, supplement or change of the regulations
prescribed for such property, it shall be the duty of the city council
to vote upon the proposal presented by said petition within ninety
(90) days after the filing of same with the city council, in accordance
with the above procedure.
Subsection 14A-19-6.
Fees for requesting a change
in zoning.
An application requesting an amendment, supplement,
change or modification of this ordinance, including the zoning map,
which requires the sending of notices or the publication of notices
in the newspapers, shall deposit with the city secretary an amount
of money estimated by the building inspector to be sufficient to mail
and publish all notices required by law. A fee of fifty dollars ($50.00)
shall be charged such applicant.
Subsection 14A-19-7.
Limitation on resubmission
of petition.
No amendment, supplement, change or repeal
of any section of this ordinance which has been legally rejected by
both the city council and the zoning commission shall be again considered
either by the city council or the zoning commission on an appeal or
petition by an appellant or application before the expiration of one
year from the date from the prior rejection.
(Ordinance 09-10 adopted 10/12/09)
Any person who shall violate any of the provisions of this ordinance
or who shall fail to comply therewith or with any of the requirements
thereof, or who shall erect or alter any building, or who shall commence
to erect or alter any building in violation of any detailed statement
of plan submitted or approved thereunder, shall for each and every
violation of [or] noncompliance be deemed guilty of a misdemeanor
and shall be fined not more than two hundred dollars ($200.00), and
each day such violation shall be permitted to exist shall constitute
a separate offense. The owner of that building or premises or part
thereof where anything in violation of this ordinance shall be placed
or shall exist, and any architect, building contractor, agent or corporation
employed in connection therewith who may have assisted in the commission
of any such violation shall each be guilty of a separate offense and
upon conviction shall be subject to the penalties herein provided.
(Ordinance 09-10 adopted 10/12/09)
If any section, paragraph, subdivision, clause, phrase, or provision
of this ordinance shall be adjudged invalid or held unconstitutional
the same shall not affect the validity of this ordinance as a whole
or any part of provisions thereof, other than the part so decided
to be invalid or unconstitutional.
(Ordinance 09-10 adopted 10/12/09)
This ordinance shall become effective from and after the date
of its approval and adoption as provided by law.
(Ordinance 09-10 adopted 10/12/09)
