(a)

The following area in the corporate limits of the town shall be designated as a second light industrial zone to be titled as Light Industrial Zone II: A 50-acre site beginning 600 feet west of corner of section 29/30 and 31/32, commencing north 931 feet, then west 203 feet, then south 931 feet to section line 31 following section line 1,331 feet east, then south 514 feet to old highway bed, following old highway bed eastward 730 feet, then north 308 feet back to point of beginning.

(b)

In the second light industrial 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:

(1)

Any use permitted in residential district, multifamily district and commercial district;

(2)

Arenas and auditoriums;

(3)

Bakeries, wholesale;

(4)

Blacksmith shops;

(5)

Book publishing plants;

(6)

Boot and shoe manufacturers;

(7)

Beverage bottling works;

(8)

Broom manufacturers;

(9)

Building material yards;

(10)

Cabinetmakers;

(11)

Candy manufacturers;

(12)

Cap and hat manufacturers;

(13)

Carpenter shops;

(14)

Carpet cleaning shops;

(15)

Cigar manufacturers;

(16)

Cigarette manufacturers;

(17)

Cleaning and pressing;

(18)

Clock factories;

(19)

Clothing manufacturers;

(20)

Condensed milk manufacturers;

(21)

Creamery wholesalers;

(22)

Dairy wholesalers;

(23)

Dental laboratories;

(24)

Electrical repairing shops;

(25)

Enameling and paint shops;

(26)

Engraving plants;

(27)

Envelope manufacturers;

(28)

Express storage and delivery stations;

(29)

Fur warehouse;

(30)

Furniture storage warehouse;

(31)

Grocery wholesalers;

(32)

Hospitals, animal and human;

(33)

Ice cream manufacturers;

(34)

Jewelry manufacturers;

(35)

Livery stables;

(36)

Looseleaf book manufacturers;

(37)

Lumberyards;

(38)

Macaroni manufacturers;

(39)

Milk bottling plants;

(40)

Milk depots, wholesale;

(41)

Millinery and artificial manufacturers;

(42)

Mineral water distillation and bottling plants;

(43)

Moving companies with storage facilities;

(44)

Newspaper and printing offices;

(45)

Office equipment and supply manufacturers;

(46)

Optical goods manufacturers;

(47)

Organ and piano manufacturers;

(48)

Medicine manufacturers;

(49)

Paper book manufacturers;

(50)

Paper can and tube manufacturers;

(51)

Perfume manufacturers;

(52)

Phonograph manufacturers;

(53)

Photo-engraving companies;

(54)

Produce warehouse;

(55)

Paints shops;

(56)

Rug cleaning plants;

(57)

Saddle manufacturers;

(58)

Screw and bolts manufacturers;

(59)

Seed companies;

(60)

Silk manufacturers;

(61)

Soda water manufacturers;

(62)

Stable and dog kennels;

(63)

Sporting goods manufacturing;

(64)

Telephone substations;

(65)

Tire repair shops;

(66)

Transfer company, baggage storage;

(67)

Trunk manufacturers;

(68)

Warehouses;

(69)

Wallpaper manufacturers;

(70)

Watch manufacturers;

(71)

Water company appurtenances;

(72)

Wholesale produce storage and markets;

(73)

Window manufacturers;

(74)

Wire brush manufacturers;

(75)

Wood products manufacturers;

(76)

Woodworking shops, small;

(77)

Telephone exchanges;

(78)

Thermometer manufacturers; or

(79)

Cellular communication towers. Wireless facilities are limited to the installation of antennas on existing structures or upon newly-constructed buildings which are not telecommunication towers, and the construction of monopole towers and related antennas and wireless transmission and relay equipment in the light industrial district II or on property owned by the Town of Abita Springs. Self support lattice and guyed towers shall be strictly prohibited in the Town of Abita Springs. In the case of the construction of any new monopole towers, the following requirements shall apply:

a.

Monopole towers in light industrial district II shall:

1.

Not exceed 200 feet in tower height.

2.

Ensure a minimum of 750 feet separation of towers.

3.

Ensure a minimum of 500 feet distance from any public street or road of record.

4.

Ensure a minimum distance from any adjacent residential zone to be no less than the height of the tower.

b.

All towers shall have the capacity to permit multiple users. At a minimum monopole towers shall be able to accommodate two carriers.

c.

Request for building permits to construct new monopole towers in the light industrial district II will require the applicant to submit to a public hearing before the planning commission and a final vote of approval by the town council, and require the applicant to provide the following with its application:

1.

One copy of the typical specifications for the proposed structure and antenna, including description of design characteristics and materials.

2.

A site plan drawn to scale showing property boundaries, tower location, tower height, existing structures, photographs or elevation drawings depicting the typical design of proposed structures, parking, fences and landscape plan.

3.

A survey from a licensed land surveyor or civil engineer indicating the distance from any existing residential land uses on adjacent property, streets and roads to the wireless facility.

4.

A certificate from a licensed engineer of capacity by type and number of the communication tower, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222-F, latest revision, standards.

5.

Written authorization from the site owner allowing applicant to submit the application.

6.

Certification by the applicant that the proposed activity is in compliance with Federal Aviation Administration (FAA) requirements.

7.

Limitation on new tower construction.

d.

Notwithstanding any other provision in this subsection (79), new monopole (tower) construction for cellular or PCS facilities shall be limited to towers of the monopole type.

e.

No new monopole shall be permitted within the town unless the applicant has obtained a determination of need from the town council. A determination of need will be made upon review and acceptance of the following information and justification provided by the applicant:

1.

Propagation study demonstrating the need for the additional tower (monopole) and inability to use the following existing sites.

i.

Existing water towers within the town limits.

ii.

Existing telecommunications towers within town limits; and

iii.

Other existing structures of sufficient height within the town limits.

2.

Existing structures may not be used only if a minimum of three of the following criteria are met.

i.

Structural capacity of the existing structure;

ii.

Geographical service area requirements;

iii.

Radio frequency interference;

iv.

Mechanical or electrical incompatibility;

v.

Restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the structure;

vi.

Unwilling or unreasonable terms imposed by the owner of the structure; and

vii.

Any other information that would demonstrate the need for a new tower (monopole).

(f)

The town may, at its sole discretion and at the expense of the applicant, retain the services of an independent expert in the field to review the information submitted by the applicant. The independent expert may request additional information which shall be deemed to be a requirement of the application and formulate a recommendation to the town. No hearing or permit may be issued until such time as the recommendation of the independent expert is reviewed and accepted by the town.

In the event the Town deems it necessary to obtain an independent expert, the town shall obtain a proposal from the expert and obtain payment for the cost of the expert prior to processing the application. The application shall be processed once payment is received. Once the application is complete, the town shall obtain a closing statement from the independent expert outlining the cost; any increase in cost from the initial proposal shall be paid by the applicant to the town prior to issuance of the building permit, in addition to the assessed impact fee.

(g)

Impact fees. It is the intent of the Town of Abita Springs that new development of cellular and PCS facilities shall bear a cost based upon the visual and aesthetic impacts caused by those facilities when constructed. The impact fees in this chapter are based upon the determination by the town of a fair and equitable assessment for such facilities so that the town may make other improvements as the mayor and council deem fit to balance the effects of the cellular or PCS facility. Any new development consisting of a cellular or PCS monopole transmission tower, or any colocation of antennas on same, shall be required to pay impact fees in the amounts set forth below:

1.

New tower construction: $2,000.00.

2.

Colocation on existing tower: $1,000.00.

No building permit for any such development requiring payment of an impact fee pursuant to this chapter shall be issued until the impact fee has been paid. No other impact fees other than those expressly stated above shall be due pursuant to this chapter, including for replacement, expansion or other alterations to the uses. The person applying for issuance of a building permit subject to the above impact fees shall pay the impact fees to the Abita Springs Permitting Department after a determination has been made by the permitting department that an impact fee is due, and prior to the issuance of the building permit.

(h)

Filing fee. In order to equitably allocate the cost for the aforesaid filing fee pursuant to this subsection (79) the Town of Abita Springs levies an annual filing fee upon the following persons and their property:

1.

The owner of the tower $500.00 per year; and

2.

Individual owners of attachments placed upon leased space on the tower; $500.00 per year.

The annual filing fee shall be due on each anniversary date of the issuance of any building permit for the construction of a monopole (tower) or installation of any equipment with in the town.

(i)

Notice of the public hearing shall be in the manner provided for resubdivisions and variances. The planning commission shall conduct a public hearing in order to formulate its recommendations to the town council on the new monopole tower permit application. Following the public hearing, the commission shall recommend approval, approval subject to modification, or recommend denial of the proposal to the town council. The town council shall be the final decision-maker on applications for permits to construct monopole towers in light industrial district II. Following a public hearing and in consideration of the planning commission's recommendations, the town council shall approve, modify or deny the proposal for the new monopole tower permit.

(j)

When considering an application for construction of a new monopole tower in the light industrial districts II, the planning commission, in making its recommendation and the town council, in rendering its decision on the application, shall, on the basis of the site plan and other information submitted, evaluate the impact of the request upon, and the compatibility of the proposed use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning commission and the town council shall consider the extent to which:

1.

The proposed use is consistent with the general purpose and intent of the light industrial II zoning district regulations, and is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.

2.

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by particular circumstances, includes improvements or modifications either on site or within public rights-of-way to mitigate development-related adverse impacts, including, but not limited to:

i.

Adequate ingress and egress to property and proposed structures thereon with particular references to vehicular and pedestrian safety and convenience, and access in case of fire;

ii.

Off-street parking and loading areas;

iii.

Refuse and services areas;

iv.

Utilities with reference to location, availability, and compatibility;

v.

Screening and buffering, features to minimize visual impacts and/or setbacks from adjacent uses;

vi.

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic impact, and compatibility and harmony;

vii.

Required yards and open space; and

viii.

Height and bulk of structures.

(k)

In recommending approval of the application, the planning commission may recommend and the town council may impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of theses requirements. Any conditions imposed shall be set forth in the ordinance by the town council approving the permit for the new monopole tower, and shall be incorporated into or noted on the site plan for final approval. The director of planning and zoning or agents shall verify that the plan incorporates all conditions as set forth in the ordinance authorizing the permit, and shall sign the plan to indicated final approval. The planning and zoning departments shall maintain a record of such approved permits and the site plans and conditions attached thereto.

(l)

In conformity with the authority to the town council to authorize these permits for new monopole towers in light industrial district II the town council may waive or modify specific standards otherwise made applicable to the use by this ordinance to secure the general objectives of this section.

(m)

Definitions. [The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:]

"Antenna:" An apparatus external to or attached to the exterior of a building or telecommunication tower for sending and/or receiving electromagnetic waves. Antennas may be principal or accessory structures.

"Guyed tower:" A telecommunication tower that is supported, in whole or in part, by guy wires and related ground anchors.

"Monopole tower:" A telecommunication tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires and related ground anchors.

"Self support lattice tower:" A telecommunication tower that is constructed without guy wires and related ground anchors and which is not a monopole tower.

"Telecommunication tower:" A tower, pole, or similar structure constructed principally for the purpose of supporting one or several telecommunication antennas operated for commercial purpose above ground in a fixed location, freestanding, guyed, or on a building or other structures.

"Telecommunications:" The transmission between or among points specified by the user, of information for the user's choosing, without change in the form or content of the information as sent and received.

"Tower height:" The distance from the ground elevation of the base of the telecommunication tower to the top of the telecommunication tower or any attached wireless transmission and relay equipment.

"Wireless facility:" Includes the telecommunication tower, antennae, wireless transmission and relay equipment, perimeter fencing, and any other equipment or buildings necessary for the operation of wireless reception and transmission.

"Wireless transmission and relay equipment:" Any system of rods, wires, poles, reflecting discs, or similar devices used for the transmission or reception of telecommunications signals external to or attached to the exterior of any building or other structure.

(c)

No mobile home, modular home, or trailer shall be located within the light industrial district II.

(Ord. No. 155, 8-18-87; Ord. No. 175, 1-28-94; Ord. No. 155, 10-17-00; Ord. No. 318, 3-26-07; Ord. No. 323, 8-21-07)