(a)

Midtown Cultural District of Abita Springs is a certain area of the Town of Abita Springs situated in Section 31 and 36, Township 6 South, Range 12 East, Parish of St. Tammany, State of Louisiana and more particularly described as follows to-wit:

Begin at Northeast corner of Square 1 of the Northwest Division of the Town of Abita Springs which point is on the South right-of-way line of Andrews Street and the Westerly right-of-way line of Live Oak Street. Thence travel northerly along the West right-of-way line of Live Oak Street and its projector to the Abita River, follow the river westerly to Hwy 36, thence in a Westerly direction along the Southern right-of-way Hwy. 36 to its intersection with Gordon Avenue up to a point that is the Northwestern corner of Square 7 of the Northwest Division of the Town of Abita Springs; thence run un an easterly direction along the eastern corner of Square 7 to the southeast corner of Square 7 then continue on a line parallel to Gordon Avenue to a point on the Northern right-of-way line of the Tammany Trace; thence follow said right-of-way line in an easterly direction to the west bank of the Abita River in its meandering in a Southerly direction to its intersection with its Northern right-of-way line of Seventh Street in the Northwest Division of the Town of Abita Springs; from that point run in a line along the northern line of Seventh Street to its intersection with Hwy 59; thence crossing Hwy 59 on a line parallel to the Southern right-of-way line of said Seventh Street thence go a Southerly direction along the Easterly right-of-way line of Fourth Street in an Easterly direction to its intersection with the Westerly right-of-way line of former Bossier Avenue (now revoked) thence run in a line crossing Maple Street in a Easterly direction to a point which is the Southwest corner of Lot 10 Square D Northwest Division in a Southerly direction. Thence go along the eastern right-of-way line of the former Bossier Avenue (now revoked) to its intersection north right-of-way line of Andrew Street thence in an easterly direction along the Northern right-of-way line of Andrew Street to the Western right-of-way line of Live Oak Street and the point of beginning.

(b)

In the cultural district, no building or premises shall be used and no building shall be hereinafter erected or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:

(c)

The commercial and C-2 commercial districts situated in Midtown Cultural Districts only the following uses shall be permitted.

(1)

Cafe style restaurants; in those restaurants where ready to consume unpackaged food is served in individual servings, or in non-disposable containers, where the customer dines while seated at tables or counters located within the building, where there is a full service kitchen which consists of a stove, oven, refrigeration and dishwashing facilities, and where the sale of food constitutes over 60 percent of the total food and alcohol sales for the preceding year or from the commencement of operation of the business, whichever is a shorter period, then notwithstanding the provisions of section 4-308 beverages of any alcoholic content may be sold to dining patrons from a service bar which does not allow access to patrons.

The applicant for any alcohol permit in the Midtown Cultural District shall provide the same food and alcohol sales information to the town as is required by the State of Louisiana Alcohol Tobacco Control authority for the issuance of a Class AR alcohol permit.

Ancillary outdoor use shall be allowed to any café style restaurant.

(2)

Art galleries;

(3)

Bakeries;

(4)

Bicycle sales, rentals and repair shops;

(5)

Drug store and pharmacies; (requires special use permit)

(6)

Florist;

(7)

Grocery store including meats fruits and vegetables;

(8)

Medical and dental clinics for human patients only; (requires special use permit)

(9)

Stationery and book stores;

(10)

Theaters (not drive-in); (requires special use permit)

(11)

Gift shops;

(12)

Hotels/bed and breakfast;

(13)

Antique shops;

(14)

Art shops;

(15)

Beer gardens, pub/tavern;

(16)

Candy stores;

(17)

Cigar stores; (requires special use permit)

(18)

Seafood markets; (requires special use permit)

(19)

Craft stores; (requires special use permit)

(20)

Jewelry stores;

(21)

Leather goods shops;

(22)

Musical instruments shops;

(23)

Newsstands; (requires special use permit)

(24)

Dance studio;

(25)

Broadcasting and recording station;

(26)

Retail clothing;

(27)

Hardware store;

(28)

Feed store;

(29)

Vegetables and produce;

(30)

Art studio;

(31)

Coffee shop;

(32)

Butcher shop;

(33)

Sno-ball stand;

(34)

Photography studio;

(35)

Museums;

(36)

Ice cream parlor;

(37)

Banks; (requires special use permit)

(38)

Travel agency;

(39)

Barber shop, beauty shops;

(40)

Dry cleaning; (requires special use permit)

(41)

Accessory buildings and uses customarily incidental to above listed uses;

(d)

No building shall be constructed in the cultural district of a height in excess of 35 feet.

(e)

There shall be provided within the commercial and cultural district one parking space for each 300 square feet of commercial building.

(f)

Uses not specifically listed or enumerated in the zoning regulations and chapter must apply for a public hearing before the zoning commission to be held not earlier than the next scheduled zoning commission meeting. The nonlisted enterprises must submit information required by the zoning commission and answer questions for the public and the zoning commission relating to the proposed enterprise. The zoning commission shall make a determination of classification within 90 days of the public hearing.

(g)

No mobile home, modular home, nor automobile sales business or trailer shall be located within the commercial district.

(h)

Modular homes are prohibited in the commercial district.

(i)

Displays are limited to under beam.

(j)

Any use provided for in residential/commercial overlay that is not provided within Midtown Cultural District shall be awarded only with a special use permit.

(k)

All uses allowed in [section] 9-215 single-family residential are allowed in the Midtown Cultural District.

(Ord. No. 356, 11-17-2009; Ord. No. 443, 7-16-2013)