City of Denham Springs subdivision Shelly's Homesites 2025 Agenda.

Shelly's Homesites 2025 Program: Enhancing Neighborhood Stability and Growth

Welcome to the Shelly's Homesites 2025 Program, a community-driven initiative aimed at fostering stability, growth, and compliance within the Shelly's Homesites neighborhood of Denham Springs, Louisiana.

The Shelly's Homesites 2025 Program aims to enhance neighborhood stability and foster growth within this residential subdivision in Denham Springs, Louisiana. By focusing on long-term development and community well-being, the program is designed to strengthen the area's foundation and create a more sustainable and vibrant future for its residents.

We are a group of dedicated citizens committed to ensuring the long-term health and prosperity of our neighborhood. We work together to uphold community standards, ensure compliance with city ordinances, and support local businesses operating within Shelly's Homesites.

Landowner Liberties: Balancing Lawful Use and Government Regulation

Safeguarding Property Rights: The Fifth Amendment in Action.
The Fifth Amendment to the U.S. Constitution protects the rights of private landowners, ensuring they can utilize their property for any lawful purpose. This constitutional safeguard plays a crucial role in preventing lawful activities from being suppressed or restricted solely due to another property owner's disapproval or subjective perceptions of nuisance, inconvenience, or provocation. While the government possesses the authority to regulate land use for the benefit of public welfare, individual property rights are shielded from arbitrary interference motivated by personal preferences, neighboring landowner objections, or actions by municipal inspectors and ordinance enforcement authorities.

Hignell-Stark v. City of New Orleans (2022): This case addressed short-term rental (STR) regulations in residential neighborhoods. Plaintiffs argued that the city's refusal to renew their STR licenses constituted a regulatory taking. The court ruled that STR licenses were privileges, not property rights, and therefore did not fall under the Takings Clause.

Due Process Clause

The Fifth and Fourteenth Amendments ensure that homeowners cannot be deprived of their property without due process of law. This includes protections against arbitrary government actions, such as zoning changes or property seizures, without proper notice and legal procedures.

Equal Protection Clause

The Fourteenth Amendment guarantees equal protection under the law, ensuring that homeowners are treated fairly and without discrimination in matters such as property taxation, zoning, and municipal regulations.

Right to Privacy

The Constitution implicitly protects the privacy of homeowners within their property, particularly under the Fourth Amendment's safeguard against unreasonable searches and seizures. This protection focuses on the sanctity of the home as a private space, ensuring that individuals are free from government intrusion into their personal domain without proper legal justification, such as a warrant based on probable cause.
This privacy does not equate to protection from being seen or monitored externally; rather, it concerns the individual's right to control what occurs within their home and safeguard their private matters from unwarranted interference. For example, while someone may legally observe activities visible through open windows from a public space, the government cannot intrude into the home itself or access its contents without adhering to constitutional processes. This distinction emphasizes the principle that the home is a personal refuge where individuals retain the right to exclude others and maintain autonomy over their personal affairs.

Freedom of Association

Homeowners have the right to use their property for lawful gatherings and associations, protected under the First Amendment.

State-Specific Protections

In Louisiana, property rights are further defined by the Louisiana Civil Code, which includes unique provisions such as "usufruct" and community property laws. These laws provide additional layers of protection and responsibilities for property owners.

Environmental and Land Use Protections

Homeowners may also benefit from constitutional provisions that protect against environmental harm or ensure sustainable land use practices. These protections can prevent neighboring properties or government actions from causing undue harm to their property.

Being a neighbor in Shelly's Homesites.

We want you to be able to park your boat and trailer next to your home or behind your home.
We want you to be able to pop the hood of your vehicle and do minor or major repair work. We know the costs of mechanics and for most of us purchasing a new vehcile is out of the question.
We want to be able to work under our Oaks, carports, behind our fences or even on our front driveways. We'll cover our work area with a tarp if we didn't finish and will get back at it as soon as the part arrives that we ordered 10 days ago.

City of Denham vs. Shelly's Homesites Oak Tree DIY'ers

• 14.04.5 Satellite disks. Satellite disk antennas are accessory uses of a lot and thus may not interfere with the required side or front yards established by this ordinance. Disks shall be placed in a rear yard in residential districts and in residential uses of property.
• 14.05.3.1 Permit required. Before commencing construction on any type of fence, whether residential, commercial or industrial, a permit issued under chapter 22 of this Code shall be obtained from the building official. (Note: Recommended for peace with neighbors is to get a property border survey.)
• Sec. 42-61. - Definitions.
  Abandoned inoperative vehicle means any junked, wrecked or dismantled vehicle, or any part or parts thereof, which is incapable of being lawfully moved upon the highways and streets. Vehicles which are otherwise in compliance with R.S. 32:1301—32:1310 are not considered to be abandoned, inoperative vehicles for purposes of this division. Furthermore, lack of current and/or valid registration, inspection sticker or license plate above does not constitute an abandoned, inoperative condition.
  Abandoned movable property means any major appliance such as refrigerators, freezers, stoves, dishwashers, etc., or any parts of same or of other machinery, or any scrap metal, or other items which are not being used in any construction, and are left unattended for a period in excess of 14 days on any public way, neutral ground, vacant lot, or unused portion of any occupied lot.
• Sec. 42-62. - Exemptions. (This is very much a conflict in our 1950's style neighborhood and needs to be changed.)
  (1) A vehicle which is completely enclosed within a building in a manner that is not otherwise visible from the street or other public or private property.
• Sec. 42-63. - Abandonment prohibited.
  The storing or abandoning of abandoned inoperative vehicles or abandoned moveable property, or any parts thereof, on any vacant lot, or any unused portion of any occupied lot, neutral ground, or public way within the city is prohibited.
  State Law reference— R.S. 33:4876.
• Sec. 42-68. - Fence required around site.
  Any vacant lot or unused portion of any occupied lot used for the storage of junk vehicles or abandoned property, if otherwise authorized by state or local law, shall be surrounded or enclosed by a board fence or other enclosure.
  State Law reference— R.S. 33:4876.

If an investment company owning land for rent or lease permits a business operation on premises zoned as R-1 Single Family Residential, the company, as the landowner, would bear full responsibility for ensuring compliance with licensing requirements and zoning regulations. This obligation applies regardless of whether the property is rented or leased, as the landowner ultimately holds accountability for the lawful use of the land.
For some residential properties the use for light industrial, service or retail sales may not actually fit into the designed residential area that the planning committee has addressed since the 1950's.
To argue for the exclusive use of areas zoned as R-1 Single Family Residential and to emphasize the importance of preserving land use as family and neighborhood friendly, such zoning protections should be upheld by city municipal code enforcement.

1. Zoning Regulations and Responsibility
• Purpose of Zoning Laws: In areas zoned as R-1 Single Family Residential, land use is strictly regulated to preserve the character of the neighborhood and protect its residents from commercial or industrial activities that could disrupt the community.
• Landowner Accountability: Investment companies and individuals that own property in these zones are ultimately responsible for ensuring compliance with these zoning restrictions.
• Legal Principle: Courts and municipalities often hold landowners accountable for unlawful activities conducted on their property, as they maintain control over its use. This principle ensures fair enforcement across all property owners.
2. Licensing and Permit Obligations
• Licensing Laws: Operating a business in Denham Springs requires proper licensing to ensure compliance with land use, taxation, health, safety, and operational standards. Landowners permitting business operations must oversee adherence to licensing, ordinances and laws, as they retain authority over what activities can occur on the property.
• Permit Accountability: If a property is rented or leased, the landowner still bears responsibility for obtaining necessary permits for any commercial operations conducted on the premises. This ensures that all activities align with the zoning code and city ordinances.
3. Precedent and Enforcement
• Municipal Precedent: In Denham Springs and similar jurisdictions, municipalities enforce zoning laws uniformly to prevent disruptions caused by unauthorized activities. Property owners are held accountable because they are in the best position to control land use.
• Protection of Residential Areas: By holding landowners responsible, the city ensures that single-family residential areas remain protected from activities that are inconsistent with their intended use—such as safety, health, noise, odor, nuisance and traffic disturbances from a business.
4. Fairness in Regulation
• Consistent Enforcement: Applying this principle ensures that all property owners, whether individuals or investment companies, are treated equally under the law. Landowners cannot shift responsibility to tenants for activities they permit, creating an equitable system of accountability.
• Public Trust: Holding landowners accountable fosters trust between residents and municipal authorities, as it demonstrates a commitment to preserving residential areas and enforcing regulations effectively.
5. Community Impact
• Neighborhood Harmony: Allowing unregulated commercial activities undermines the quiet enjoyment of residential spaces, affecting neighbors and property values. Ensuring landowner responsibility helps maintain a harmonious environment.
• Economic and Legal Implications: Investment companies that neglect compliance open themselves to fines, legal action, or community backlash, which may outweigh any short-term benefits gained from unauthorized activities.

Navigating Land Use Regulations: Balancing Neighborhood Standards and Individual Rights.

Can your city create ordinances that impose different land-use restrictions on private property in established neighborhoods compared to rural areas? Yes, it is typically done through zoning laws and local ordinances, which are common tools used by municipalities to regulate land use and development.

How it works:

1. Zoning Classifications: Cities designate specific zones, such as residential, commercial, agricultural, or industrial. Neighborhoods in urban areas often fall under stricter zoning classifications (e.g., R-1 Single Family Residential), while rural areas may have fewer restrictions to accommodate agricultural or large-scale property uses.
2. Neighborhood-Specific Regulations: Municipalities may introduce ordinances tailored to established neighborhoods to maintain community standards, property values, and aesthetic cohesion. These ordinances may regulate building types, noise levels, landscaping, and even activities like home-based businesses.
3. Urban vs. Rural Land: Rural areas often face fewer regulations because the land use typically involves agriculture, open space, or activities that don't directly affect surrounding properties in the same way as densely populated areas. Urban neighborhoods, in contrast, have overlapping concerns such as public safety, infrastructure, and environmental impact, which necessitate stricter controls.

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