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Plan of Government

Chapter 1
General Provisions

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Chapter 2
Governing Bodies

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Chapter 3
Governing Bodies -
Powers and Duties

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Chapter 4
Mayor President

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Chapter 5
Department of
Public Works

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Chapter 6
Police Department

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Chapter 7
Fire Department

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Chapter 8
Finance

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Chapter 9
Personnel

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Chapter 10
Planning and Zoning

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Chapter 11
Miscellaneous

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January, 2008
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ADOPTED
AUGUST 12, 1947
EFFECTIVE
JANUARY 1, 1949

AMENDED

JULY 29, 1952
NOVEMBER 6, 1956
NOVEMBER 3, 1964
NOVEMBER 8, 1966
NOVEMBER 3, 1970
FEBRUARY 1, 1972
OCTOBER 27, 1979
SEPTEMBER 11, 1982
APRIL 16, 1988
OCTOBER 6, 1990
NOVEMBER 18, 1995
NOVEMBER 5, 1996
NOVEMBER 3, 1998
OCTOBER 20, 2007

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Chapter 10: Planning and Zoning
 

SECTION 10.01
Planning Commission - Composition

(a) There shall be a Planning Commission which shall consist of nine members. One member shall be a member of the Metropolitan Council who shall be appointed by the latter for a term coincident with his term on the Council; one member shall be the Mayor-President or an officer or employee of the City designated by the Mayor-President from time to time; and seven members shall be qualified voters and taxpayers of East Baton Rouge Parish, three residing outside the boundaries of the City of Baton Rouge and four residing in the City of Baton Rouge, appointed by the Metropolitan Council for a term of four years. The citizen members shall be appointed for terms of four years. Members may be removed by the Metropolitan Council only for official misconduct or neglect of duty.. Vacancies arising among the appointive members shall be filled by the appointing body for the unexpired portion of the term. (As amended September 30, 2006. Changed from a five year term to a four year term.) (As amended October 20, 2007)

(b) If the Parish of East Baton Rouge is authorized to zone property outside of incorporated municipalities, the Planning Commission, in its capacity as the Parish Planning Commission, shall constitute the Zoning Commission provided for by such laws. No ordinance, nor resolution, adopting, amending, supplementing, changing or modifying any regulation or restriction or district boundary authorized by such laws to be made by the governing authority of the Parish shall be passed by that body until such ordinance or resolution has been submitted to and approved or disapproved by the Planning Commission acting in its capacity as Zoning Commission of the Parish of East Baton Rouge. As amended July 29, l952. Effective September 5, 1952. (As amended November 6, 1956)

SECTION 10.02
Planning Commission - Organization

The first Planning Commission appointed under the provisions of this Chapter shall meet as soon as practicable after its appointment and organize by election one of its members to be chairman for a term of one year from the first day of January 1949 and until his successor is elected and qualified. Thereafter the commission, at its first meeting in January of each year, shall elect one of its members to be chairman for a term of one year, who shall be eligible for re-election. The commission shall adopt rules of procedure in which it shall fix the time for its regular meetings which shall be held at least as frequently as once a month. It shall appoint a Planning Director who shall keep a journal of its proceedings, in which shall be recorded all actions taken by the commission and which shall be a public record. The commission shall appoint and remove, subject to the provisions of Chapter 9 of this Plan of Government, such other employees as it may deem necessary for its work , hand shall have authority to contract with planning experts, engineers, architects, and other consultants; provided that the expenditures of the commission, exclusive of amounts received by contribution, shall be limited to the appropriations for the purpose made by the Metropolitan Council. (As amended October 20, 2007)

SECTION 10.03
Planning Commission - Powers and Duties

The Planning Commission shall constitute a Parish Planning Commission in respect of that portion of the Parish outside the City of Baton Rouge and other municipalities and shall in that capacity have all the powers and duties conferred or imposed on Parish Planning Commissions by the General Laws of the State. The Planning Commission shall likewise constitute a City Planning Commission for the City of Baton Rouge and in that capacity shall have all the powers and duties conferred or imposed on City Planning Commissions by the General Laws of the State.

SECTION 10.04
Comprehensive Land Use Plan

(a) A Comprehensive Master Land Use and Development Plan for the physical development of the metropolitan area of East Baton Rouge Parish and the City of Baton Rouge shall be adopted by the Planning Commission and Metropolitan Council within two years of the passage of this amendment to the Plan of Government. The comprehensive plan shall include but not be limited to the following elements: (1) a future land-use element; (2) a traffic circulation and mass-transit element; (3) a wastewater, solid waste, and drainage element; (4) a conservation and environmental resources element; (5) a recreation and open space element; (6) a housing element; (7) a public services and facilities element, which shall include but not be limited to a capital improvement program; (8) a public buildings and related facilities element; (9) development and redevelopment; (l0) health and human service element; and (ll) methods of financing to implement recommendations.

The Master Plan and any amendments thereto shall be drafted by the Planning Commission under the direction of the Mayor-President who shall thereupon submit such plan to the Metropolitan Council with his recommendations thereon within sixty (60) days of the Mayor-President's receipt of the Master Plan. The Metropolitan Council may adopt the plan submitted as a whole or in parts and may adopt any amendment thereto, after not less than two (2) public hearings on the proposed actions not less than one month apart. The Metropolitan Council shall act on such plan within sixty days of the final public hearing. If such plan, or part thereof, be rejected by the Metropolitan Council, the Planning Commission may modify such plan, or part thereof, and again forward it to the Mayor-President who shall submit the modified plan to the Council within thirty (30) days of receipt.

There shall be at least one public hearing on the changes submitted, following which the Council shall adopt or reject the modifications within 60 days. All further amendments to the Master Land Use Plan recommended by the Planning Commission shall be submitted in the same manner as that outlined above to the Metropolitan Council for approval; all recommendations to the Council from any City-Parish department affecting the Master Plan shall first be submitted to and accompanied by a recommendation from the Planning Commission, and require a two-thirds vote of the Metropolitan Council for adoption.

The Metropolitan Council shall adopt by ordinance other elements as are necessary or desirable to establish and implement policies for growth, development and beautification within the borders of East Baton Rouge Parish and the City of Baton Rouge, including neighborhood, community, or area-wide plans.

The Metropolitan Council shall recommend methods of financing of all elements contained in the comprehensive plan in accordance with law.

The several elements of the comprehensive plan shall be coordinated and be internally consistent. Each element shall include policy recommendations for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations.

(b) LEGAL EFFECT OF MASTER PLAN. Upon adoption of the Master Plan by the Planning Commission and Metropolitan Council, no subdivision, street, park or public way, ground or space, drainage, building development or structure, whether publicly or privately owned which is in conflict with the Master Plan or Zoning Ordinance of the City Parish shall be constructed or authorized by the appropriate department of the City-Parish government, until and unless the locations and extent thereof shall have been submitted to and approved by the Planning Commission and where appropriate, Zoning Commission. In case of disapproval, or approval the commission shall communicate its reasons to the Metropolitan Council, which shall have the power to overrule such disapproval or approval following public hearings, provided that any changes in the Master Land Use Plan shall require a 2/3 vote of the Metropolitan Council and upon such overruling the Metropolitan Council or appropriate office, department or agency shall have the power to proceed, and the Master Plan shall be amended to reflect such change or modification.

All land development regulations including zoning and map, subdivision regulations, roadway plan, and all public improvements, public facilities and all City-Parish regulatory actions relating to land use, subdivision and development approval shall be consistent with the comprehensive plan, element or portion thereof as adopted. For purposes of planning and land development process, the various types of local regulations or laws concerning the development of land may be combined in their totality in a single ordinance known as the Comprehensive Land Use and Development Code for the City of Baton Rouge and Parish of East Baton Rouge.

SECTION 10.05
ZONING

The Metropolitan Council shall have all the powers and duties relating to zoning which are conferred or imposed on the legislative bodies of cities by the General Laws of the State. The Metropolitan Council authorizes the Planning Commission to have all the powers and duties conferred by the General Laws of the State. The Planning Commission, in its capacity as the City Planning Commission, shall constitute the Zoning Commission provided for by such laws. No ordinance or resolution adopting, amending, supplementing, changing or modifying any regulation or restriction or district boundary authorized by such laws to be made by the Council shall be passed by the Council until such ordinance or resolution has been submitted to and approved by the Planning Commission; provided that failure of the Planning Commission to act on any ordinance or resolution submitted to it within sixty days of such submission shall be deemed to constitute approval thereof; and provided further that an ordinance or resolution disapproved by the Planning Commission may be adopted by the Council by not less than eight affirmative votes. (As amended October 20, 2007)

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