Planning & Zoning: Frequently Asked Questions
What is zoning?
Zoning is the classification of land into districts. The purpose of zoning is to regulate the use of land including the use, placement, size of buildings, yard requirements and parking. A zoning law consists of two parts:
- A zoning map shows the boundaries of the various districts.
- A written text (called a zoning ordinance) sets forth the regulations applicable to each district. Zoning regulations must be reasonable and can be imposed to protect and promote the health, safety and general welfare of the public.
Zoning is the primary means of trying to ensure that land uses are compatible with each other.
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Why do we need to have zoning? What are the reasons to have zoning?
- Orderly development consistent with utility location/capacity, street network, public services.
- Compatible land uses in close proximity (prevention of land use conflicts and haphazard development patterns).
- Neighborhood protection/stability.
- Zoning may bring more new businesses and outside investment to Ruston – especially retail, food & beverage places and specialized industrial or manufacturing seeking a high level of quality design in a project.
- Economic development (planned commercial and industrial areas,predictability of nearby land use, quality neighborhoods.
- Preservation of property investments and city’s tax base.
- Community aesthetics and development quality (especially along major roadways) through establishment of minimum development standards.
- Regulation of particular land uses of concern (e.g., noxious activities with noise or dust, home occupations, high traffic volume generating facilities, major structures, etc.).
- Protection of “sensitive” land uses (e.g., schools, churches, hospitals,water supply and other environmental resources, historic/cultural sites).
- Management of land use transitions/evolution over time.
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What impact will zoning have on my property values?
Overall, zoning should have a stabilizing effect on property values, although values can be impacted by a variety of factors. In protecting existing development from the intrusion of incompatible uses, developed at a lower standard, values are maintained and potentially enhanced over the long run. New development will also benefit from zoning by having higher development standards, compatible development and higher certainty and lower investment risk.
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What is the Zoning Ordinance?
This is the City law that specifies the type of use for each of the zoning districts inside the City of Ruston. This ordinance is codified into Chapter 29 of the Code of Ordinances of the City of Ruston.
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What is a Zoning District?
The law adopting each type of Zoning District defines what types of primary and accessory uses can be developed and what types of development standards will govern that use. Development standards generally include lot size, lot width, setbacks, heights of structures and buildings, lot coverage, and screening.
A zoning district is very critical in that it determines the type of uses you can and cannot establish on your property. For example, if your parcel is zoned for residential use, you would generally not be able to place a business on this property. Upon request, the Planning and Zoning Department can give you a complete listing of what is permissible in your specific zoning district. It is extremely important that you know this information before you purchase and/or develop a piece of property in the City or you could be buying property that can’t be developed as desired.
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What is a Master Plan?
The Master Plan is the City's blueprint for future development.
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How can I determine the zoning of my property and what does that information tell me?
To inquire as to how a parcel of land is zoned, please call the City of Ruston’s Planning and Zoning Department. We can let you know how your property is zoned and what uses are allowed there
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What are the chances of getting my zoning changed?
Though we cannot tell you specifically whether or not requested zoning will be approved, the Staff can tell you about current trends in zoning in a particular part of the City. We can also tell you what the City's Future Land Use Plan calls for in any area of the city. These pieces of information can be helpful in determining whether or not zoning is likely to be supported on any given property.
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Do I need to own the property in order to request a zoning action?
If you do not own the property, the property owner of record must authorize you to make the application.
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How often are zoning meetings held?
Meetings are typically held the third Monday of each month.
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What do I need to do in order to make an application for a zoning action?
You must submit your complete application to the Planning and Zoning Office. A complete application form includes all necessary paperwork.
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What does rezoning cost?
Fees vary per type of application. Please refer to the fee schedule or call the Planning and Zoning Office to inquire. The fees are not refundable if the application is withdrawn or denied.
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How long does the rezoning take?
The time-frame for processing a rezoning application is approximately 90 days if there are no deferrals.
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How do I challenge a rezoning?
If you wish to challenge a proposed rezoning, your first opportunity is during the public hearing scheduled by the Planning and Zoning Commission. After that public hearing the next opportunity to challenge a rezoning is before the City of Ruston Board of Aldermen when they conduct a public hearing on the case. Of course you can always write your comments and mail them to the Planning and Zoning Department or your Aldermen.
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How do I find out how a particular piece of property is designated in the City's Land Use Plan?
Talk to Planning and Zoning staff. Staff will be glad to answer any questions regarding current zoning status, pending development applications, or anticipated future development patterns.
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I want to divide that parcel into separate parcels and sell them. What do I need to do?
The subdivision process is available for dividing large parcels into a number of smaller parcels. You can contact the Planning and Zoning Department for more information.
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How can I find out my assigned address?
Contact Lincoln Parish 911 Office personnel at 318-251-8695 with your parcel identification number.
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Does the Planning Division or Permits Office enforce covenants, conditions and restrictions?
The City does not enforce private covenants or deed restrictions, or handle disputes over private easements, private roads, water rights, covenants or any other such agreements. These are governed by Louisiana civil codes and are private contracts between individuals. The City does not have the authority, under State law, to enforce these private contracts.
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What is a Preliminary Plat?
A Preliminary Plat is a map showing a proposed subdivision which has been submitted to the Planning and Zoning Department. Information included with the preliminary plat may be items such as:
- location map
- topography information
- preliminary location of water, sanitary sewer and storm drains
- general location of existing streams, drainage and flood plain areas
- dedication of right-of-ways, easements and constructed roads within and abutting the plat area
- schools, other public uses and wetlands
- any other information of importance
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What is a Final Plat?
Final Plat means a map of a subdivision of land made up in final form ready for approval and filing.
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What occurs at the public hearing?
A zoning action requires two (2) advertised public hearings. The first is held by the Planning and Zoning Commission, which is an advisory body appointed by the Mayor. You are given an opportunity to present your request to them. You may wish to use experts to establish substantial competent evidence. Other interested parties attending the meeting are also given an opportunity to speak regarding your application. The Planning and Zoning Commission makes a recommendation (for approval or denial) to the Board of Aldermen. The second public hearing is conducted by the Board of Aldermen, approximately two to three weeks after the Planning and Zoning Commission meeting. Once again, you are asked to present your request to the Board, and interested parties are invited to comment. The Board of Aldermen will make a final decision regarding your application (approval or denial) at the conclusion of the public hearing.
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How do I know what my property can be used for?
The Zoning Ordinance for the City of Ruston lists the kind of uses permitted or prohibited in each zoning district. It also notes restrictions on the location of buildings on a lot, the maximum height of buildings, the minimum lot size allowed, and the density of development permitted. The text also gives requirements for parking and signs.
The City of Ruston’s Zoning Ordinance can also be requested from the Public Information Clerk located in the Treasurer’s Office at City Hall.
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Can I have two homes on one parcel of land?
In the City of Ruston one home is allowed per buildable parcel in all Residential zones excluding R-3, Multi-Family Residential.
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How much parking do I need?
The parking requirements differ per type of use. Please call the Planning and Zoning Department to find out your parking requirements. Parking Requirements can be found in Sect. 29-81 (a) of the Zoning Ordinance.
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Why do some uses require the approval of a Conditional Use Permit and how is that different from the zoning district requirements?
Some uses require additional review by the City before they can be permitted.
Conditional Use Permits are usually required because the proposed use has the potential to have a significant impact on neighboring properties. The Conditional Use process ensures that the public has an opportunity to review and comment on the application. A Conditional Use Permit is an application process which has a public hearing before the Planning and Zoning Commission. The public hearing process for Conditional Use takes approximately three months from start to finish. The City will send notices to neighbors within 300-feet. This gives anyone who may be affected by the conditional use an opportunity to comment on the proposed use of the property. You may obtain information regarding Conditional uses in
Section 29-12 of the City of Ruston’s Zoning Ordinance. The
Conditional Use Permit Application Checklist will give the steps necessary to complete the process.
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What are my setbacks?
Setbacks are the distance required from a property line to any structure. You need to know setbacks prior to submitting a site plan to the City (for a permit). Please come in or call to verify setbacks and any special plat restrictions for your property.
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How do I measure setbacks?
Setbacks are measured from the structure (building, fence, wall, etc.) perpendicular to the lot line of the property. The measurement occurs at the closest point of the structure to the lot line. Setbacks must be measured for the front, sides, and rear of the structure (applicable to a building) in relationship to the lot line.
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How do I define the front lot line?
- As indicated on a subdivision plat
- The line that divides the lot from a street or alley
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How do I determine building height?
Building height can be measured several ways. Normally, building height is measured from ground level to the highest point of the roof surface. However, the average of the roof can be taken by finding the midpoint between the peak of the roof and the eave line. Buildings on a grade can also be averaged when determining building height. The average distance between the high point and low point of the grade must be found. Thus, the average point between grade and the average point of the roof determine the maximum building height.
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How do I establish a Legal Nonconforming Use?
Legal Nonconforming Use: The use of land, premises, buildings or structures which was lawful or allowed at the time of the effective date of the Zoning Ordinance or amendment thereto, and which fails to comply with the use regulations applicable to the district in which the property is located as set forth in the current Zoning Resolution.
Step 1. Start with Planning and Zoning
- We can explain what legal non-conforming is and how it relates to your property.
- Provide proper forms, affidavits and worksheets.
- Steps and notification procedures.
Step 2. Property owner does research required for application
- Gather all information
- Return to Planning and Zoning
Step 3. Zoning Administrator Review and Determination
- Zoning Administrator reviews completed application
- Sends letter indicating decision on request
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What is the difference between an ordinance and a resolution?
The Board of Aldermen takes action in one of two ways - by ordinance or resolution. An ordinance is passed to enact regulations of a general and permanent nature, enforceable as local law. A resolution is passed to express the opinion of the Aldermen on some matter of a temporary or advisory nature, or to handle administrative business of the Aldermen.
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Do I need a permit from the Planning & Zoning Department if I wish to start a business in my home?
There are specific requirements for home occupations in the Zoning Ordinance. If you meet these requirements, then a Home Occupation permit is required. We need a floor plan that indicates where the home occupation will occur.
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What is an annexation?
With respect to the annexing of land, from time to time municipalities legally incorporate into the existing town or city limits a certain amount of land or territory outside their legal boundary.
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Where may I place a fence on my property?
There are specific standards related to fence height, location, and maintenance. To obtain more detailed information, please contact Planning and Zoning staff.
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