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2021-882 (3)
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2021-882 (3)
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Last modified
4/1/2024 8:38:00 AM
Creation date
4/11/2022 11:58:41 AM
Metadata
2021-882 (3)
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-882(c)
Requesting Party
Paul D. Escott
Agency at Issue
Lafaette Board of Zoning Adjustments
Lafayette Community Development & Planning Department
Lafayette City Planning & Zoning Commission
Decision Date
4/8/2022
Law
1113B
1123(34)
Caption
Advisory opinion regarding the application of R.S. 42:1123(34) to members of the Lafayette Board of Zoning Adjustment.
Ethics Subject Matters
Prohibited Transactions
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A member of a municipal or parish governing authority, an appointed member of <br /> a planning or zoning or appeals board or commission of a parish or munici- <br /> pality, or a member of such public servant's immediate family or a legal entity in <br /> which any such person has an interest from making application for the approval <br /> of the subdivision or resubdivision of property and for the zoning of such property <br /> or for a building permit and any inspections performed pursuant thereto, provided <br /> that all of the following requirements are met: <br /> (a) subdivided property shall not be less restrictive than the zoning of the <br /> original parcel. <br /> (b) The subdivision, resubdivision, or zoning of such property shall be for <br /> residential purposes only. <br /> (c) The application or applications submitted by or on behalf of the public <br /> servant,a member of his immediate family,or legal entity,collectively,shall <br /> be limited to the subdivision, resubdivision, or zoning of not more than <br /> twelve lots per calendar year and the construction of not more than twelve <br /> residential units per calendar year. <br /> (d)No public funds shall be used to construct any infrastructure for the use <br /> or benefit of such property or development. <br /> (e) The public servant shall file written notice containing all details regard- <br /> ing the transaction deemed necessary by the Board of Ethics with his gov- <br /> erning authority or board or commission and with the Board of Ethics no <br /> later than ten days prior to any hearing pertaining to any such application, <br /> or if no hearing is held pertaining to such application, shall file such notice <br /> at least ten days prior to final action on any such application. <br /> (f) The public servant shall recuse himself from any vote related to such <br /> application and shall not participate in any other aspect of the application or <br /> transaction. <br /> AGENCY <br /> Pursuant to R.S. 42:1102(18)(a)(ii) and 42:1102(2)(a)(vi),the appointed members of the Board of <br /> Zoning Adjustment are "public employees" and their is "agency" is the Board of Zoning Adjust- <br /> ment. <br /> QUESTION 1 <br /> Whether members of the Board of Zoning Adjustment would be prohibited by the Code from sub- <br /> mitting an application for the subdivision and/or resubdivision of property? <br /> Page 3 of 5 (BD 2021-882C) <br />
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