reglab/housing_qa huggingface dataset:
LA Rev Stat § 33:4780.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.8. Judicial review

RS 4780.8 - Judicial review  A. Any person or persons jointly or severally aggrieved by any decision by the board of adjustment relative to any officer, department, board, or bureau of the parish may present a petition to the district court of the parish or city in which the property affected is located. Such petition shall be duly verified, set forth that the decision is illegal, in whole or in part, and specify the grounds of the illegality. The petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. B. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment and there shall be prescribed therein the period of time within which a return may be made and served upon the relator's attorney. Such period shall be not less than ten days but may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from; however, the court may, on application after notice to the board and on due cause shown, grant a restraining order. C. The board of adjustment shall not be required to return the original papers acted upon by it, but may return certified or sworn copies thereof or such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. D. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take additional evidence or appoint a referee to take such evidence as it may direct. Such referee shall report the same to the court with his findings of fact and conclusions of law, and his report shall constitute a part of the proceedings upon which the determination of the court shall be made. E. The court may reverse or confirm, wholly or in part, or may modify the decision brought up for review. Costs shall not be allowed against the board unless it appears to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under this Section shall have preference over all other civil actions and proceedings. Acts 1987, No. 355, §1, eff. July 6, 1987.
LA Rev Stat § 33:4780.9 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.9. Enforcement of building and zoning regulations; penalty for violations

RS 4780.9 - Enforcement of building and zoning regulations; penalty for violations  In case any building or structure is erected, structurally altered, or maintained, or any building, structure, or land is used in violation of this Subpart or of any ordinance or other regulation made under authority conferred by this Subpart, the proper local authorities of St. Helena Parish, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, structural alteration, maintenance, or use; to restrain, correct, or abate such violation; to prevent the occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises. The regulations shall be enforced by the officer authorized to issue building permits, who is empowered to cause any building, structure, place, or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein in violation of any provision of the regulations made under authority of this Subpart. The owner or general agent of a building or premises where a violation of any regulation has been committed or exists, the lessee or tenant of an entire building or entire premises where the violation has been committed or exists, the owner, general agent, lessee, or tenant of any part of the building or premises in which the violation has been committed or exists, the general agent, architect, builder, contractor, or any other person who commits, takes part in, or who assists in any violation or who maintains any building or premises in which any violation exists shall be fined not less than ten dollars and not more than twenty-five dollars or be imprisoned for not more than thirty days for each day that the violation continues. Acts 1987, No. 355, §1, eff. July 6, 1987.
LA Rev Stat § 33:4780.10 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.10. Conflicting regulations; higher standards to apply

RS 4780.10 - Conflicting regulations; higher standards to apply  Whenever the regulations made under authority of this Subpart impose higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this Subpart shall govern. Whenever the provisions of any other statute, local ordinance, or regulation impose higher standards than are required by the regulations made under authority of this Subpart, the provisions of such statute, local ordinance, or regulation shall govern. Acts 1987, No. 355, §1, eff. July 6, 1987.
LA Rev Stat § 33:4780.21 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.21. Legislative findings and declarations

RS 4780.21 - Legislative findings and declarations  The Legislature of Louisiana finds and declares that:  (1) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. (2) Assurance to the applicant for a development project that, upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. (3) The lack of public facilities, including but not limited to streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in development agreements whereby applicants are reimbursed over time for financing public facilities. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.22 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.22. Authorizations, procedures, and requirements

RS 4780.22 - Authorizations, procedures, and requirements  A. Any parish or municipality may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this Subpart.  B. Any parish or municipality may, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of development agreements upon application by or on behalf of the property owner or other person having a legal or equitable interest in the property. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.23 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.23. Periodic review; termination or modification of agreement

RS 4780.23 - Periodic review; termination or modification of agreement  Procedures established pursuant to R.S. 33:4780.22 shall include provisions requiring periodic review at least every twelve months, at which time the applicant or his successor in interest thereto shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the municipality or parish finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the municipality or parish may terminate or modify the agreement. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.24 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.24. Contents

RS 4780.24 - Contents  A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to financing of necessary public facilities by the applicant and subsequent reimbursement of the applicant over time. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.25 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.25. Newly incorporated municipality; validity of development agreement entered into prior to incorporation; duration of validity; modification of agreement

RS 4780.25 - Newly incorporated municipality; validity of development agreement entered into prior to incorporation; duration of validity; modification of agreement  A. Except as otherwise provided in R.S. 33:4780.30 and 4780.32, notwithstanding any other provision of law to the contrary, if a newly incorporated municipality comprises territory that was formerly unincorporated, any development agreement entered into by the parish prior to the effective date of the incorporation shall remain valid within the newly incorporated municipality for the duration of the agreement, or eight years from the effective date of the incorporation, whichever is earlier. The holder of the development agreement and the newly incorporated municipality may agree that the development agreement shall remain valid for more than eight years, provided that the longer period shall not exceed fifteen years from the effective date of the incorporation. The holder of the development agreement and the newly incorporated municipality shall have the same rights and obligations with respect to each other as if the property had remained in the unincorporated territory of the parish. B. The newly incorporated municipality may modify or suspend the provisions of the development agreement if the municipality determines that the failure of the municipality to do so would place the residents of the territory subject to the development agreement or the residents of the municipality, or both, in a condition dangerous to their health or safety, or both. C. Except as otherwise provided in Subsection D of this Section, this Section shall apply to any development agreement which meets both of the following requirements:  (1) The application for the agreement is submitted to the parish prior to the date that the first signature was affixed to the petition for incorporation pursuant to R.S. 33:1. (2) The parish enters into the agreement with the applicant prior to the date of the special election on the question of incorporation conducted pursuant to R.S. 33:3. D. This Section shall not apply to any territory subject to a development agreement if that territory is incorporated and the effective date of the incorporation is prior to January 1, 1989. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.26 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.26. Enforcement

RS 4780.26 - Enforcement  Unless amended or cancelled pursuant to R.S. 33:4780.30 or modified or suspended pursuant to R.S. 33:4780.31 or 4780.25(B), a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning subdivision, or building regulation adopted by the municipality or parish entering the agreement which alters or amends the rules, regulations, or policies specified in R.S. 33:4780.27. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.27 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.27. Rules, regulations, and official policies

RS 4780.27 - Rules, regulations, and official policies  Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications applicable to development of the property subject to a development agreement shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a municipality or parish, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent a municipality or parish from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.28 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.28. Public hearing; notice of intention to consider adoption

RS 4780.28 - Public hearing; notice of intention to consider adoption  A public hearing on an application for a development agreement shall be held by the planning agency, if any, and by the governing authority of the municipality or parish. Notice of intention to consider adoption of a development agreement shall be published at least three times in the official journal of the municipality or parish and at least ten days shall elapse between the first publication and the date of the hearing. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.29 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.29. Approval by ordinance

RS 4780.29 - Approval by ordinance  A development agreement shall be approved by ordinance of the governing authority of the parish or municipality. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.30 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.30. Amendment or cancellation; notice of intent

RS 4780.30 - Amendment or cancellation; notice of intent  A development agreement may be amended or cancelled in whole or in part by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by R.S. 33:4780.28. An amendment to an agreement shall be subject to the provisions of R.S. 33:4780.29. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.31 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.31. Recording copy of agreement; effect

RS 4780.31 - Recording copy of agreement; effect  No later than ten days after a municipality or parish enters into a development agreement, the clerk of the municipal or parish governing authority shall record in the mortgage office of the parish a copy of the agreement, which shall describe the land subject thereto. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of the state. The burdens of the agreement shall be binding upon and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.32 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.32. Modification or suspension to comply with state or federal laws or regulations

RS 4780.32 - Modification or suspension to comply with state or federal laws or regulations  In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.33 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.33. Restrictions on authority

RS 4780.33 - Restrictions on authority  Nothing in this Subpart shall be construed to authorize property use contrary to existing zoning classifications or to authorize the reclassification of such zones. Acts 1988, No. 505, §1.
LA Rev Stat § 33:4780.40 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.40. Regulation authorized

RS 4780.40 - Regulation authorized For the purpose of promoting the health, safety, morals, or general welfare of the community, the governing authorities of parishes, other than the parishes of Rapides, Jefferson, Sabine, and Webster, or their duly created boards of adjustment are hereby authorized to regulate and restrict the height, number of stories, and size of structures; the percentage of lots that may be occupied; courts and other open spaces; the density of population; and the location and use of the buildings, structures, and land for trade, industry, residence, or other purposes. However, the zoning ordinances enacted by said governing authority and the acts of its zoning commission, board of adjustment, or zoning administrator shall be subject to judicial review on the grounds of abuse of discretion, unreasonable exercise of police powers, excessive use of the power herein granted, or the denial of the right of due process. However, the right of judicial review of a zoning ordinance shall not be limited by the provisions of this Section. Acts 1993, No. 201, §1, eff. Jan. 1, 1994; Acts 1995, No. 35, §1.
LA Rev Stat § 33:4780.41 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.41. Creation of districts; powers of authority; uniform regulations within district

RS 4780.41 - Creation of districts; powers of authority; uniform regulations within district For any and all of the purposes set forth in R.S. 33:4780.40, the governing authority of a parish may divide the parish into districts of such number, shape, and area as may be deemed best suited to carry out such purposes. Within the districts so created, said governing authority may regulate and restrict the erection, construction, alteration, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of land and structure throughout each district; however, the regulations of one district may differ from those in other districts. Acts 1993, No. 201, §1, eff. Jan. 1, 1994.
LA Rev Stat § 33:4780.42 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.42. Purpose of regulations

RS 4780.42 - Purpose of regulations Regulations adopted pursuant to this Subpart shall be made in accordance with a comprehensive plan and designed to lessen congestion in the public streets, secure safety from fire, promote health and the general welfare, provide adequate light, avoid undue concentration of population, facilitate adequate transportation, water supply, sewerage, schools, parks, and meet other public requirements. Such regulations shall be made with reasonable consideration of the character of a district and its peculiar suitability for particular uses and with a view to conserving the values of buildings and encouraging the most appropriate use of land throughout the parish. Acts 1993, No. 201, §1, eff. Jan. 1, 1994.
LA Rev Stat § 33:4780.43 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.43. Public hearing authorized; prohibited rezoning

RS 4780.43 - Public hearing authorized; prohibited rezoning The governing authority of the parish shall, in accordance with the comprehensive plan required by R.S. 33:4780.42, provide for the manner in which the regulations and restrictions and the boundaries of the districts shall be determined, established, enforced, and from time to time, amended. No regulations or restrictions shall become effective until after a public hearing held by said governing authority at which parties in interest have had an opportunity to be heard. Notice of the time and place of the hearing shall be published once a week in three different weeks in the official journal of the parish, and at least fifteen days shall elapse between the first publication and the date of the hearing. In addition to notice by publication, and at least ten days prior to the hearing, a good faith attempt to notify the owner or owners of record of the properties to be zoned or rezoned shall be made by the sending of an official notice by certified mail of the time and place of the hearing and subject matter of the regulations and restrictions. Notwithstanding the foregoing, when more than ten parcels are to be zoned or rezoned by enactment of a zoning ordinance, the advertisement in the official journal required herein shall be considered adequate notice to the property owners. Acts 1993, No. 201, §1, eff. Jan. 1, 1994.
LA Rev Stat § 33:4780.44 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.44. Amendment of regulations

RS 4780.44 - Amendment of regulations Regulations, restrictions, and boundaries established pursuant to this Subpart may, from time to time, be amended, supplemented, changed, modified, or repealed. However, in the event of a protest against a change duly signed and acknowledged by the owners of twenty percent or more, either of the areas of land, exclusive of streets and alleys, included in a proposed change or within an area determined by lines drawn parallel to and two hundred feet distant from the boundaries of the district proposed to be changed, the amendment shall not become effective except by the favorable vote of a majority of the members of the governing authority of the parish. The provisions of R.S. 33:4780.43 relative to public hearing and official notice shall apply equally to all changes or amendments; however, no ordinance shall require a procedure or criteria for amendment any greater than that initially used in establishing such regulations, restrictions, or penalties. Acts 1993, No. 201, §1, eff. Jan. 1, 1994.
LA Rev Stat § 33:4780.45 (2021)
2021 Louisiana Laws|Revised Statutes|Title 33 - Municipalities and Parishes|§4780.45. Zoning commission; recommendations; public hearing

RS 4780.45 - Zoning commission; recommendations; public hearing In order to avail itself of the powers conferred by this Subpart, the governing authority of the parish shall appoint a zoning commission whose function it shall be to recommend the boundaries of the various original districts, the restrictions and regulations to be enforced therein, and any supplements, changes, or modifications thereof. Before making any recommendation to said governing authority, the zoning commission shall hold a public hearing. Notice of the time and place of the hearing shall be published at least three times in the official journal of the parish, and at least ten days shall elapse between the first publication and date of the hearing. After the hearing has been held by the zoning commission, it shall make a report of its findings and recommendations to the governing authority of the parish. Said governing authority shall not hold its public hearings or take action until it has received the final report of the zoning commission. Acts 1993, No. 201, §1, eff. Jan. 1, 1994.