Louisiana 2020 2020 Regular Session

Louisiana House Bill HB697 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 697 Engrossed	2020 Regular Session	McCormick
Abstract:  Removes the territory of Caddo Parish from the jurisdiction of the Shreveport
Metropolitan Planning Commission.
Present law authorizes the governing authority of the city of Shreveport (city council) and the police
jury of Caddo Parish  (police jury) to create the Shreveport Metropolitan Planning Commission. 
Provides that the commission's jurisdiction shall be the area included within the municipal limits of
the city and that area of the parish lying within five miles of the municipal limits.
Proposed law restricts the commission's jurisdiction to inside the city limits of Shreveport.  Removes
the authority granted to the police jury to jointly create the commission.
Present law provides that the commission shall be governed by a board of nine members, all of
whom must be residents and qualified voters of Caddo Parish.  Provides that members shall be
appointed as follows:  four members appointed by the city council, four members appointed by the
police jury, and one member appointed jointly by the city council and the police jury.  Provides that
members serve six-year staggered terms without compensation.
Proposed law provides instead that the commission's nine members are all appointed by the city
council.  Requires members to be residents and qualified voters of the city of Shreveport.
Present law requires the commission to prepare an annual budget with monies appropriated by the
city council and the police jury.  Proposed law removes the requirement that monies be appropriated
by the police jury.
Present law authorizes the city council and police jury to adopt a master plan for the physical
development of the municipality, including areas outside of the boundaries that bear relation to the
planning of the municipality.  Provides for the content of the resolution and plan, including, but not
limited to, an official map, the general location of streets, utilities, public buildings, schools, airports,
and playgrounds.  Provides that the plan shall take effect after it has been approved by the city
council and police jury.
Proposed law retains present law except removes authority granted to the police jury to participate
in the adoption of the master plan.  Restricts the master plan to areas inside the city limits of
Shreveport.
Present law provides that after the adoption of the master plan, no public way, utility, building, or school can be constructed or authorized unless the location has been approved by the commission.
Proposed law retains present law.
Present law provides that in the case of the commission's disapproval, the city council and police jury
have authority to override such disapproval by a vote of not less than two-thirds of its entire
membership.  Provides that if the public way, utility, building, or school does not fall within the
jurisdiction of the city council or police jury, then the body or official with such jurisdiction may
override the disapproval of the commission by two-thirds vote of its entire membership or by such
official.
Proposed law removes the authority granted to the police jury to override the commission's
disapproval.  Provides that the city council retains all power to approve the master plan and the
power to override the commission's disapproval.
Present law provides that after the adoption of the master plan, no plat of a subdivision of land shall
be filed or recorded until it has been approved by the commission.  Prohibits the clerk of court from
filing or recording a plat of a subdivision without the commission's approval.  Requires the
commission to recommend subdivision regulations.  Provides that the regulations may include
requirements as to the manner in which streets shall be graded and improved, and water, sewer, and
other utility mains shall be installed.  Provides further with respect to the content of the regulations. 
Requires the commission to hold a public hearing prior to recommending its regulations and any
amendments.
Present law provides that if the owner of any land transfers or sells or agrees to sell such land before
a plat is approved by the commission, the owner will be subject to a penalty of $100 for each lot
transferred or sold or agreed to be sold.
Proposed law retains present law.
Present law provides that if the commission recommends a zoning plan to the city council and the
police jury, then, for the purpose of promoting the health, safety, morals, and general welfare of
residents, the city council and police jury may divide the municipality or that part lying within five
miles of the municipality into districts or zones and may regulate the erection, construction,
reconstruction, conversion, alteration, and uses of buildings and structures and uses of land.
Proposed law removes the authority granted to the police jury to divide the parish into districts or
zones.
Present law provides that zoning ordinances shall provide for a board of appeals composed of seven
members.  Provides that three members are appointed by the city council, three members are
appointed by the police jury, and one member is appointed jointly by the city council and the police
jury.  Provides that members serve five-year staggered terms without compensation.
Proposed law provides that all members of the board of appeals are appointed by the city council. Present law provides for the powers and duties of the board of appeals, including but not limited to,
the following:
(1)To hear and decide appeals where it is alleged by the appellant that there is error in any order,
requirement, permit, decision, or refusal made by an administrative official to carry out or
enforce any ordinance.
(2)To hear and decide on requests for a variance from the strict application of the zoning
regulations where no other procedure for obtaining relief is specified in the ordinance.
Proposed law retains present law.
Effective January 1, 2022.
(Amends R.S. 33:140.1-140.36)