Folsom Rd. Civic Ass'n v. Par. of St. Tammany

407 So. 2d 1219
CourtSupreme Court of Louisiana
DecidedDecember 14, 1981
Docket81-CA-1901
StatusPublished
Cited by17 cases

This text of 407 So. 2d 1219 (Folsom Rd. Civic Ass'n v. Par. of St. Tammany) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Folsom Rd. Civic Ass'n v. Par. of St. Tammany, 407 So. 2d 1219 (La. 1981).

Opinion

407 So.2d 1219 (1981)

FOLSOM ROAD CIVIC ASSOCIATION
v.
PARISH OF ST. TAMMANY Through St. Tammany Parish Police Jury.

No. 81-CA-1901.

Supreme Court of Louisiana.

December 14, 1981.

*1220 M. J. LeGardeur, Jr., Covington, Delbert G. Talley, New Orleans, for plaintiff-appellee.

Edward A. Shamis Jr. of Shamis & McCreary, Ltd., Slidell, for defendant-appellant.

BLANCHE, Justice.

This case involves the constitutionality of the St. Tammany Parish zoning ordinance. The statutory authorization for zoning in St. Tammany Parish is contained in Act 518 of 1954.[1] This enabling legislation empowered the Parish of St. Tammany to regulate and restrict the development of property within the parish "for the purpose of promoting *1221 health, safety, morals, or the general welfare of the community." Further, Act 518 permitted the local legislative body to divide the parish into districts "as may be deemed best suited to carry out the purposes of this act." Regulations adopted by the parish were required to be uniform within each district and had to be made "in accordance with a comprehensive plan."

Pursuant to the enabling legislation, the Parish of St. Tammany sought to zone the territory within its borders. Accordingly, in 1971, the Parish Police Jury, following the recommendation of the Parish Planning Commission, passed Ordinance 523. This regulation divided the parish into land use districts and was designed to lessen congestion, prevent overcrowding, secure safety and insure that adequate public services were available to the population. The Folsom Road Civic Association challenged the constitutionality of Section 2.1 of this ordinance, claiming it to be arbitrary and discriminatory. The disputed section, which created the R-Rural zone reads as follows:

"Section 2.1. R-Rural District.

2.101. Permitted Uses.

1. Any use which does not create a nuisance by way of objectionable noise, glare, odor, or air pollution. Junk Yards and garbage disposal dumps will be permitted only where authorized by the St. Tammany Parish Police Jury. All regulations of the Stream Control Commission of Louisiana and the Louisiana State Board of Health as regards environmental pollution are to be complied with.

2. Commercial and industrial uses falling in the above categories require review and approval by the Planning Commission before issuance of a permit. Applicants for such permits must submit to the Planning Commission plans meeting the following criteria.

a. Use does not create a hazard to health and safety of the adjacent residents.
b. Noise, glare and unsightliness when present are screened by solid fences or walls six feet high or plantings which will grow to this minimum height.
c. Minimum Yard Requirements (As per Ordinance No. 769)
Front Yard: Front building lines shall conform to the average building lines established in a developed block; in all cases, this front building line shall be setback a minimum of fifty feet (50') from the street line.
Side Yard: There shall be two side yards, one on either side of the principal building, each having a minimum width of ten feet (10').
Rear Yard: There shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot, or not less than fifty feet (50') when the lot depth is in excess of 250 feet.
d. Roadway exists (sp.) and entrances are located for clear sight distance and safe access to public roadways.
e. Major drainage channels are designed with sufficient culverts and rights of way to provide for natural water flow and maintenance of drainage.
f. Disposal of waste and sewerage has been approved by the proper local authorities.
g. There be no more than one permit and one use requested for a building to be constructed on a lot or lots of record.
h. Meets the requirements of the subdivision ordinance.

2.102. Height Regulations: None except when abutting residential areas. Then set back one foot for each foot of height over 45 feet.

2.104. Parking: Applicable to commercial and industrial uses only.—See Part 4.

*1222 2.105. Loading zone required for commercial and industrial uses—See Part 4.

2.106. Section 3.3 through 3.303 will apply only to commercial or industrial uses indicated above.

The district court struck down the zoning ordinance, finding Section 2.1 arbitrary and inconsistent with constitutional and legislative guidelines. Because the ordinance was declared unconstitutional, this case comes before us on an appeal of right. Louisiana Constitution, Art. 5, § 5(D)(1).

The Parish Police Jury argues that Ordinance 523 complies with constitutional and legislative requirements and that it does not deny equal protection or due process of law.

The authority to enact zoning regulations flows from the police power of governmental bodies and is valid if it bears a rational relation to the health, safety and welfare of the public. Four States Realty v. City of Baton Rouge, 309 So.2d 659 (La. 1975). Zoning ordinances are presumed to be valid and whoever attacks the constitutionality of an ordinance must show an abuse of discretion or an excessive use of power. Four States Realty, supra.

Ordinance 523 created six land use districts in St. Tammany Parish. Over ninety percent of the zoned land is classified R-Rural, and such classification permits all land uses that do not create a nuisance "by way of objectionable noise, glare, odor or air pollution". The district court concluded that the failure to create distinct districts to segregate commercial, agricultural, industrial and residential endeavors was contrary to constitutional and legislative requirements. Further, the lower court found the ordinance clearly incompatible with enabling legislation because it failed to establish a comprehensive plan.

Our review of the zoning ordinance, in light of the enabling act and constitutional provisions leads us to conclude that the regulation, including Section 2.1, is a reasonable exercise of the police power. We are also of the opinion that the parish did comply with all requisites regarding the creation of districts and a comprehensive plan.

The zoning regulation adopted by the Parish Police Jury was based on land uses and the extent of development within the parish. Because most of the land covered by the R-Rural district was undeveloped, it would have been irrational to segregate the parish into large commercial, industrial and residential zones. The R-Rural district was the most reasonable means of insuring the orderly transition from no zoning to a situation where distinct areas could be identified and properly zoned by the legislative body. The zoning scheme insured that adequate services, such as utilities, sewerage, and fire protection, were available to the citizens of St. Tammany and saved the parish the cost of providing these services to isolated districts.

The enabling legislation, Act 518 of 1954, states that zoning regulations "shall be made in accordance with a comprehensive plan". A comprehensive zoning plan promotes the ends of the enabling legislation. It is a general plan to control the use and development of properties in the community. Baker v. Milwaukie, 271 Or. 500, 533 P.2d 772 (1975).

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Bluebook (online)
407 So. 2d 1219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/folsom-rd-civic-assn-v-par-of-st-tammany-la-1981.