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Albany City Zoning Code

ARTICLE III

- COMMERCIAL BUILDING REGULATIONS

Sec. 8-52. - Jurisdiction, authority, purpose and objective.

(a)

Authority. These regulations for commercial buildings are adopted by the town board of aldermen in accordance with the provisions of R.S. 33:101 et seq., in the interest of health, conveniences, safety and general welfare of the community.

(b)

Jurisdiction. Any division or extension of any existing division of property located in designated area in the town comes under the jurisdiction of this article.

(c)

Purpose; land division or the first step in the process of community development. It safeguards the interest of the homeowner, the community and local government. The division of land sooner or later becomes a public responsibility, in that roads and streets must be maintained and various public services customary to urban areas must be provided. Once land has been cut up into streets, lots and blocks, and has been publicly recorded, the correction of defects is costly and difficult. The welfare of the entire community is, as a result, affected in many important respects. It is therefore to the interest of the public, the community, and builder, the building be conceived; designed; and developed; in accordance with sound rules and intelligent development standards.

(d)

Objective. To protect and ensure from unwelcome structures that will destroy the residential section of our community. To establish regulation to ensure the well-being, interest, health, safety and general welfare of the citizens of this community. To establish a master residential plan for the town, and a master business district plan so this community can thrive and live in harmony, that we might grow and prosper.

(Ord. of 11-14-2005(2))

Sec. 8-53. - Commercial regulations.

(a)

This section applies to zone C-1 for property located on US-190 or Hwy 43.

(b)

The purpose of this article is to regulate the developer, builder, or seller of land for the purpose of building in commercial areas of the town.

(c)

Commercial lot requirements. No commercial lot may have a width at the building lines of less than 80 feet, a minimum length of 120 feet and shall not contain less than 9,600 square feet.

(d)

Building setback lines. No front building setback line shall be less than 25 feet from the street right-of-way lines. The commercial building setback lines must be shown on the plat or civil drawing. No side dimensions shall be less than ten feet, corner lots shall have extra width to permit appropriate residential setback lines from and orientation to both streets.

(e)

Servitude and rights-of-way. The town council shall require the dedication of servitude or rights-of-way if the commercial lot or lots border existing streets, with nonexistent utilities. If utilities exist in an existing servitude or right-of-way, this section does not apply. The minimum servitude shall be 15 feet wide starting from the street right-of-way.

(f)

Parking. Adequate spaces for automobile parking and truck loading and unloading (when needed) must be available for all commercial buildings.

(g)

Drainage culverts. No drainage culvert with a diameter less than 18 inches by 20 feet long, minimum, may be installed, the location, size and length must be approved by the town, water, sewer and streets superintendent. (Culverts must be installed before any construction can begin. Permit required.)

(h)

Water and sewer lines. The town water, sewer and streets superintendent shall approve the location of tie-ends, meter location, size of pipe and installation. (Sewer and water location must be identified and approved before construction begins.)

(i)

Any ditch crossing from town streets will require approvable from the town water, sewer and streets superintendent.

(j)

Any water and sewer hookups will be located by the town water, sewer and streets superintendent.

(k)

When building permit is approved, the town council expects all ordinances regarding building and construction to be in compliance with sound rules and intelligent development and building standards.

(l)

Lot-fill land clearing permit required when re-routing any water, ditches or placing fills other than inside foundation.

(m)

Pre-engineered portable/temporary buildings are prohibited on property zoned commercial. Sea cans are not prohibited if meets the following requirements:

(1)

Permit required with application fee of $50.00.

(2)

Adhere to setbacks set by ordinance for property zoned commercial.

(3)

Must be located to rear of commercial building and view blocked from adjoining property by privacy fence to minimum height of sea can.

(4)

Failure to comply with requirements, will result in legal action and daily fine of $25.00 per day and all legal fees incurred.

(5)

Limit of two sea cans per permit location (address).

(n)

Metal buildings (permanent) shall have facade comprising stucco, brick, glass or wood/vinyl siding or a combination thereof.

(Ord. of 11-14-2005(2); Ord. of 6-14-2021; Ord. of 3-11-2024)

Sec. 8-54. - Commercial permit requirements.

(a)

Apply for address. Apply with town hall clerk.

(b)

Flood zone determination. Apply with town hall clerk. If your property is located within flood zone "X" you will be issued a flood exemption. If your property is located within flood zone "A" or "A1-A99" you must provide this office with a FEMA (Federal Emergency Management Agency) National Flood Insurance Program Elevation Certificate signed and sealed by a surveyor, engineer or architect to show that the structure is above the base flood elevation. This is a requirement of FEMA, not the town building permit office.

(c)

Plan review.

(1)

All commercial plans must have review letter and be stamped by the state fire marshal.

(2)

Plans must be approved by the health department.

(3)

Plans need to be submitted to the town council at least two weeks before the next town meeting and contain the following:

a.

Description of building.

b.

Size of lot, date of lot purchase, and proof of ownership.

c.

Plot plan. Supply diagram of lot showing measurements to all building setback lines, to new and existing structures and distances required for all servitudes and structure footprint on lot.

d.

Floor plan. Provide sealed diagram of structure to be built. If structure is a modification or an addition to an existing structure, plan must indicate clearly all existing and new portions and where connected.

e.

Foundation and footing plan. Furnish scaled diagram of foundation footprint on lot with all dimensions and detailed footing illustrations with applicable measurements for each footing.

f.

Electrical plan. Show scaled wiring diagram for structure. (May be overlaid on floor plan for house.) Diagram must show all switches, convenience outlets, GFCI outlets, circuits, smoke detectors, water heater, HVAC unit, ceiling fans, etc. Electrical plans must include specifications list and symbols key.

g.

Mechanical plan. Supply separate sealed diagram of mechanical plan with detailed specifications and symbols key. (Must be overlaid on a separate floor plan from electrical plans.) Plans must show all mechanical equipment, ducts, vents, catwalks, required work space platform, return air, attic access to equipment, drain lines, drain pan with float switch, gas supply line, and all electrical needs and fixtures with all required distance measurements shown also.

The approved set of plans must be on the jobsite at all times during the inspection procedures.

(d)

Plans approval. After review and requirements are met, plans should be approved by the next scheduled town meeting.

(e)

Permit application.

(1)

Application must be completed by the contractor performing the work. All contractors that are hired for building, electrical, plumbing and mechanical are to be licensees with the state.

(2)

Pay proper fees. (Listed under commercial fees.)

(f)

Obtain proper permits. (Permits will be issued only after review by building department and town officials.)

(g)

Other requirements.

(1)

Permit on jobsite.

(2)

Port-a-can must be on the jobsite before any construction can begin.

(3)

On-site dumpster and all debris, trash, etc., shall be picked up daily.

(4)

All concrete trucks or pump trucks must be cleaned on jobsite lots. (Not in ditches, streets, etc.)

(5)

Any ditch crossing from town streets will require approval from the town water, sewer and streets superintendent. (A temporary culvert may be installed until construction is completed.)

(6)

Any water and sewer hookups will be located by the town water, sewer and streets superintendent.

(7)

When building permit is approved, the town council expects all ordinances regarding building and construction to be in compliance with sound rules and intelligent development and building standards.

(Ord. of 11-14-2005(2))

Sec. 8-55. - Commercial permit and service fees.

Commercial permit and service fees, and relevant criteria, shall be as established from time to time.

(Ord. of 11-14-2005(2))

Sec. 8-56. - Permit violations.

(a)

Failure to apply for and receive a required permit before beginning a job will result in doubling of the original fees. In addition, the town may require removal of work begun, fines and halting of work and payment of any and all legal fees that may occur.

(b)

Pouring a foundation without an inspection shall result in the following:

(1)

First offense: $500.00 fine and approval letter from an engineer.

(2)

Second offense: $1,000.00 fine and an approval letter from an engineer.

(3)

Third offense: $1,000.00 fine and removal of foundation.

(Ord. of 11-14-2005(2))

Sec. 8-57. - Certificate of occupancy.

In order to receive a certificate of occupancy on a commercial building, the following steps must be completed:

(1)

Occupancy letter from state fire marshal. (Final inspection.)

(2)

Approval from health department.

(3)

All ditches clean and free from obstruction.

(4)

No debris present on lot. (No leftover building material of any type.)

(5)

Structure must be 100 percent complete.

(6)

Flood elevation turned in, if required.

(7)

All fees must be paid in full.

(8)

All inspections must be complete and approved by building department.

(9)

Parking areas and sidewalks must be complete.

(10)

Project must meet all required ordinances.

(11)

Culvert elevation turned in, if required.

(12)

Sewer inspection completed.

(13)

Interior must be cleaned.

(14)

Affidavit for termite treatment approved.

(Code 1999, § 12-4006)