How does single family zoning affect my property?
Single family zoning affects property because single family homes that
are being improperly used generally generate more traffic on streets and
create parking problems. Another major concern is the use of a home in a
single family neighborhood as a party house, which is statistically more
likely when the home is in violation of the single family housing ordinance.
When residential single family dwelling violations are shown to exist
by Permit and Inspections Division of the Department of Public Works and
then turned over to the Parish Attorney's Office, what percent are
actually pursued with legal action and what is the success rate?
All violations referred to the Parish Attorney's office are pursued with
some form of action until resolved. Some are determined to be qualified
non-conforming uses on which no action can be taken. A few are
determined to be compliant. The Parish Attorney's office does not have
statistics on single family violations, but according to their records,
95 violation letters have been sent since July 2003 for junk, trash,
etc. and abandoned vehicles. Of those, 45 were cleared upon receipt of
the letter, 30 suits were filed, and 20 are still pending. Of the 30
violations for which suits were filed 25 have been cleared, and 5 suits
are still pending. The Parish Attorney's Office is currently researching
the statistics on single family housing violations.
I live next to a duplex with two people in one apartment and one or two
in the other. No owner is in residence. It is owned by a realtor. How
does this conform to a "non-profit basis" described in single family
zoning?
Duplexes are not single family structures. They can only be constructed
in multi-family zones. If a duplex is in an A-1 zone, it is probably a
non-conforming use and it is unlikely that anything can be done about
them. However, many property owners will try to create garage apartments
or other detached structures into rental living space, which is a
violation of the single family ordinance.
How can neighborhoods address multiple people (non-family members)
living at a single residence in A-1 zoning?
By calling Neal Bezet at the Permit and Inspections Division of the
Department of Public Works at 389-8680. If a citizen has other types of
complaints and is not sure whom to call, Citizens' Service is designed
to take his or her call and pass the information along to the relevant
department. The number for Citizens' Service is 389-3090.
Can a property that has been out of compliance for many years be
"grandfathered" in and considered to be in compliance? Cite a specific
statute?
Yes. It is considered to be "legal nonconforming" use. See statute LRS 9:5625.
Why are there not consequences to the property owner when issues occur
with their tenants and/or property?
The owner and any tenant involved in committing the violation is liable
and may be fined for the violation. Maximum punishments for violations
of city ordinances are a $500 fine and/or up to six months of jail time
at the judge's discretion.
If students are living in violation of the A-one family zoning and were
not informed of the regulation by the landlord in a lease, who is held
responsible? Will the students get evicted? Is this zoning law is
appropriate in ALL areas of EBRP. Are there any plans to re-evaluate
what is considered an A-1 zone?
All residential areas are zoned in specific ways. Some are A-1 Single
Family zones, others are zoned to accommodate townhouses, and still
others apartment complexes. Amendments to the zoning restrictions in the
Unified Development Code must be approved by the Metro Council after a
recommendation by the Planning Commission. No such amendments are
currently under consideration.
Who is responsible for enforcing the Single Family zoning restrictions
in neighborhoods?
Enforcement follows a flow chart. First the report is sent to the Permit
and Inspections Division of the Department of Public Works, which
inspects the suspected violation and sends a letter notifying the
residents and owner of their violation (id one indeed exists). The
Inspector will then check back after a period of time adequate for the
property owner or residents to correct the violation. If the property is
still in violation the Inspector will inform the Parish Attorney's
Office, which will then prosecute the offenders. If necessary, the case
will go to City Court.
These problems also are occurring in M-1 zones, not just in A-1 zones.
Zoning is not the primary issue, but it's one kind of solution. Why
can't Baton Rouge government focus on eliminating the actual problems?
Residential uses are not permitted in M-1 zones. Any residential use in
an M-1 zone is probably non-conforming, and, if the city is provided the
address, it can be checked. Please call the Planning Commission at
389-3144 to verify zoning.
It is also important to keep in mind that the scope of the problem
extends beyond EBRP's jurisdiction and influence. One of the main
reasons for the recent outbreak of A-1 violations is low interest rates.
EBRP is also unable to restrict a person's right to purchase property.
Students living near campus in A-1 zones are one of the more conspicuous
groups of violators of this ordinance, but beyond education initiatives
and enforcement against violations, there is little that EBRP can do to
restrict the flow of students from a university with 30,000 of them and
the capacity to house only 5,500 to 6,200.
Rent houses are not residences. They are businesses. Businesses are not
allowed in A1 zoning districts. Could the laws be changed or
strengthened to make these houses businesses officially?
The occupancy of a house by a single family (according to the statutory
definition) is considered a single family use, regardless of the nature
of the right of occupancy (ownership or rental)
The right to operate rental property in residential zones has been
defended by court systems. Denying the right to rent property would
create myriad problems, especially for young families who live in
compliance to A-1 codes, but cannot afford to purchase a home in such a
neighborhood.