(1)

Creation of residential-commercial overlay district. There is hereby created a residential-commercial overlay district in the Town of Abita Springs, Louisiana. The property contained within the boundary of this district shall be subject to the regulations of the residential-commercial overlay district as provided for in the zoning ordinance of this town. Said regulations shall be in addition to all other regulations which the properties contained in the residential-commercial overlay district are subject.

(2)

Boundaries of residential-commercial overlay district. The boundaries of the Abita Springs residential-commercial overlay district shall be as follows:

(a)

From the northern intersection of Louisiana Highway 59 and Harrison Street run north to 9th Street thence run east 150 feet to a point; thence run south to the a point on the northern right-of-way line of Harrison Street; thence run West 150 feet to Louisiana Highway 59. Additionally included in this section of the district is the following property:

From the point where the southeast corner of Southwind Subdivision meets the western right-of-way of Louisiana Highway 59 go North along the western right-of-way to the southern right-of-way line of Heintz Street then go along the southern right-of-way line of Heintz Street in a westerly direction a distance of 150 feet to a point; then go in a southerly direction to a point on the southern boundary of Southwind Subdivision, then go in an easterly direction on a line parallel to Heintz Street a distance of 150 feet to a point on the right-of-way line of Louisiana Highway 59.

(b)

From a point where the eastern right-of-way of Live Oak Street and the southern right-of-way of Louisiana State Highway 36 intersect go along the southern right-of-way of Louisiana Highway 36 to the corporate limits of Abita Springs; thence in a southerly direction parallel with Live Oak Street go 150 feet; thence in a line parallel with Louisiana Highway 36 go to the eastern right-of-way of Live Oak Street; thence go in northerly direction 150 feet along Live Oak Street to the southern right-of-way of Louisiana Highway 435. Additionally included in this section of the District is the following property:

From a point which at the intersection of the eastern right-of-way of Laurel Street and the northern right-of-way line of Louisiana Highway 435 run along the northern right-of-way line of Northern 435 in an eastern direction to the corporate limits of the Town of Abita Springs; thence run in a northerly direction on a line parallel to Laurel Street a distance of 150 feet; thence run in a westerly direction along said line to the eastern right-of-way line of Laurel Street and thence in a southerly direction along the eastern right-of-way line of Laurel Street 150 feet to Louisiana Highway 36.

(c)

From a point on the western right-of-way Line of Allen Road that intersects the northern right-of-way Line of Louisiana Highway 435 run in a northerly direction along the northern right-of-way of Allen Road 150 feet; then run on a line that is parallel with Louisiana Highway 435 go in a southerly direction to the northern right-of-way line of Main Street; then run in an easterly direction along the northern right-of-way line of Main Street to the western right-of-way line of Louisiana Highway 435 thence run northerly along the western right-of-way line of Louisiana Highway 435 to where the western right-of-way line of Allen Road intersects the western right-of-way line of Louisiana Highway 435. Additionally the following described property is included in this district.

From the point where the western right-of-way line of Brook Forest Road intersects the Southern right-of-way line of Louisiana Highway 435 go in a southerly direction along the right-of-way line of Brook Forest Road a distance of 150 feet; thence run southerly in a line that is parallel to Louisiana Highway 435 to a point which is directly across from the right-of-way of said highway from its northern intersection line with Main Street; thence run a distance of 150 feet in a westerly direction to a point on the eastern right-of way line of Louisiana Highway 435; then run in a northerly direction along the eastern right-of-way line of Louisiana Highway 435 to a point which is on the western right-of-way line of Brook Forest Road.

Located in the Town of Abita Springs, Section 31 Township 6 South Range 12 East, St. Tammany Parish, Louisiana.

(d)

From the intersection of the north right-of-way of Level Street and the west right-of-way of Magnolia Street, Town of Abita Springs run east, 293.7 feet; thence south 89 degrees 52 minutes 06 seconds east, 11.28 feet to the point of beginning.

From the point of beginning run along a curve to the left having a radius of 955.40 feet and an arc of 430.93 feet, chord; north 39 degrees 19 minutes 54 seconds east, 426.36 feet to a point; thence north 84 degrees 33 minutes 18 seconds east, 32.90 feet to a point; thence south 05 degrees 36 minutes 10 seconds east, 226.13 feet to a point; thence south 37 degrees 39 minutes 07 seconds west 154.14 feet to a point; thence north 89 degrees 52 minutes 06 seconds west, 213.27 feet back to the point of beginning.

This tract contains 46,506 sq. ft. or 1.07 acres.

Additionally included herein is the entire structure situated on the above described parcel as shown by the survey of Land Surveying, L.L.C., dated January 27, 2014 attached hereto.

(3)

Permitted uses. The following uses are permitted within the residential-commercial overlay district:

Art galleries

Antique shops

Florist shops

Legal services

Gift shops

Cigar store

Shoe repair

Locksmith

Plant/nursery

Allowable residential uses

Offices

Stationery/book store

Photography studio

Camera shop

Candy store

Hat/millinery store

Tailoring/custom dress making

Printing shop

Medical doctor/dental office

Said list is not intended to be exclusive. Other uses may be permitted with the approval of a majority of the property owners within a 500 feet radius of the property sought for a use permit and with the approval of the Zoning Board of the Town of Abita Springs.

(4)

Times of business allowed in residential-commercial overlay district. Business may be conducted in those businesses located within the residential-commercial overlay district between the hours of 7:00 a.m. to 7:00 p.m.

(5)

Size of buildings. Building sizes will be determined by the size of the lot.

(1)

The maximum size of the building will be floor area ratio of one and a minimum size of coverage by a building on the lot of 1,000 square feet. All setbacks and height requirements must be met.

(2)

The maximum size of the building will be floor area ratio of one and a minimum size of coverage by a building on the lot of 1,000 square feet. All setbacks and height requirements must be met.

(6)

New construction. New buildings are required to meet the guidelines of the residential area. Plans for new construction in the residential-commercial overlay district will resemble residence and plans must be approved by the planning and zoning board. Setbacks for a business operating in the residential-commercial overlay district will be required to provide for the same setbacks as residential property.

Buildings shall meet historic district guidelines.

Up to three businesses shall be allowed to operate per building in the residential-commercial overlay district.

(7)

Signs. Monument signs 24 square feet or less will be allowed in the residential-commercial overlay district. Signs shall be indirectly lighted. Signs shall be mounted on the building unless by special application to the planning and zoning board a free standing sign may be allowed if it is found not to interfere with the safety and traffic flow in the area and if it is found that a sign which is erected on the building would not be visible due to its location on the lot or to the location of trees or other vegetation between the building and the highway.

(8)

Requirements for landscaping. Requirements for landscaping are as follows:

(1)

The tree ordinance, section 8, number 184 as enacted or amended in the future shall be enforced by the tree inspector.

(2)

Buffer zone of six feet will be required on the rear of the property. This area must include tree and large shrubs to protect the residential homes behind the residential-commercial overlay district zone.

(3)

A minimum of 25 feet of green space on the frontage of the lot is required. All new construction must be sodded.

(4)

Trees over 36 inches in diameter must be maintained unless a hardship would be caused by that tree.

(5)

Replacement trees must be planted no closer than ten feet and shall be at least eight feet tall with a diameter of at least two inches when measures ten inches above the soil line.

(6)

Allowable trees are as follows:

Pine
Cypress
River Birch
Oak
Pecan
Sweetgum
Magnolia (Bay or Southern)
Elm
Native Red Maple

(7)

Trees shall be guaranteed for ten years by the owner of the property.

(8)

For each of 500 square feet of building ten shrubs of a minimum of three-gallon size shall be planted. Each shrub shall be guaranteed for a one-year period.

(Ord. No. 197; Ord. No. 232, 6-20-00; Ord. No. 279, 1-18-05; Ord. No. 459, 9-16-2014)