The purpose of this Article is to assure that all development and uses are provided adequate light, air, access and separation from other uses and structures; that sufficient open space is available for parking, loading and landscaping; and that the density of development and intensity of land use are maintained in accordance with the adopted Comprehensive Plan.

Except as provided in Section 15.2, all structures shall comply with the minimum lot area requirements contained in the following table:

The maximum floor area of any individual occupancy in the B-1; Commercial Office district shall be 15,000 square feet.

Except as provided in Section 15.4, all structures shall comply with the minimum and maximum yard requirements and unpaved area ("landscape surface") contained in the following table:

Except as provided in Section 15.3, all structures shall comply with the height requirements specified in the following table:

6.6.1

Review and Approval. Any accessory use customarily associated with a primary use that may be permitted by right consistent with applicable provisions of this Article may be permitted. However, any accessory use customarily associated with a principal use permitted only by conditional use or special exception, must meet all conditional use or special exception requirements.

6.6.2

Elderly Cottage Housing Units. One freestanding single-family housing unit may be constructed in the rear yard of an existing owner-occupied single-family residence as an accessory use in the following residential districts: R-A, R-E, R-LD and R-MD, if the R-MD is developed as single family detached residences, provided that:

A.

In the R-LD and R-MD districts, the minimum lot area shall be 12,000 square feet. For lots less than 12,000 square feet in area, the owner may apply for an Elderly Cottage as a Conditional Use following the procedures as provided in Section 3.3.2.

1.

In the R-LD and R-MD, the housing unit shall not utilize more than 40% of the rear yard. The square footage of existing accessory structures shall be included as part of the 40% maximum requirement calculation.

B.

It is separated from the principal residence by a distance of twice the minimum side yard setback requirement.

C.

The accessory cottage shall be a complete, separate dwelling unit that functions independently from the principal residence.

D.

The owner of the property on which an accessory cottage is located must occupy at least one of the dwelling units on the premises as the permanent legal resident, except for bona fide temporary absences not to exceed 6 months at any one time.

E.

One additional off-street parking space shall be provided for the accessory cottage.

F.

The height of the elderly cottage shall not exceed the height of the primary structure.

G.

The elderly cottage shall be clearly subordinate in area to the principal residence. The accessory cottage shall have at least 300 square feet but no more than 1,500 square feet of heated area. It shall be designed to complement the exterior appearance of the principal residence.

H.

Prior to the issuance of an accessory cottage zoning permit, the owner shall file, in the office of the Parish Recorder, a declaration of covenants stating that the right to maintain an accessory cottage ceases upon transfer of title, and that the right to maintain an accessory cottage in no way constitutes approval of the cottage as a permanent structure and shall not be utilized as rental property.

I.

Prior to issuance of an accessory cottage occupancy permit, the owner shall submit a notarized affidavit to the Planning Department, verifying that the owner will occupy one of the dwelling units on the premises, except for bona fide temporary absences, and that one of the occupants is an elder or a person with disabilities. In order to continue the accessory cottage use, the owner must submit a notarized affidavit certifying compliance with this requirement by January 31 of every year. At no time shall the dwelling unit be utilized as a rental unit.

J.

The zoning permit shall be effective for 3 years. At the end of every 3 years, renewal of the accessory cottage permit shall be granted only after completion of a routine housing inspection verifying that the property remains the principal residence of the owner and that all of the conditions of this Section have been met.

6.6.3

Outdoor Eating, Drinking or Smoking areas. Lounges and bonafide eating establishments, as defined in Subsection 5.4.4, which include accessory outdoor eating and/or drinking areas must be located, developed, and operated in compliance with applicable local and state ordinances and shall comply with the following standards:

A.

Location. Outdoor eating areas may be located within a required front yard. If located within the public right-of-way, permission from the appropriate jurisdiction is required, and a 6-foot clear space between the outdoor eating area and the curb must be provided for pedestrian movement. A 15-foot radial clear space also must be provided for outdoor eating areas located at the intersection of 2 streets.

B.

Barriers. Temporary or permanent decorative walls or fencing must enclose an outdoor eating area. Such barriers must be no less than 3 feet in height and shall be constructed in a manner that shall prevent patrons from entering the area from outside the establishment.

C.

Kitchen Facilities. Kitchen facilities in outdoor eating areas are strictly prohibited unless approved as a Conditional Use following the procedures of Section 3.3.2.

D.

Enclosures. Awnings or umbrellas may be used in conjunction with an outdoor eating area, although permanent roofs or shelters may not be installed within a required yard. Awnings must be adequately secured, retractable, and must comply with the provisions of the building code.

E.

Entertainment. Live entertainment and dancing in outdoor eating areas requires approval as a Conditional Use.

F.

Fixtures and Greenery. When located within a required yard or the public right-of-way:

1.

Furnishings provided for use in an outdoor eating or drinking area may consist only of movable tables, chairs, umbrellas, planters, lights, and heaters.

2.

Lighting fixtures may be permanently affixed onto the exterior front of the building. Free standing lighting is prohibited.

3.

All movable fixtures must be removed during the off-season.

G.

Hours of Operation. The hours of operation of an eating and/or drinking area shall be limited to between 6:00 a.m. and 2:00 a.m.

H.

Refuse Storage Areas. No structure or enclosure to accommodate the storage of garbage may be erected or placed on, adjacent to, or separate from an outdoor eating area on the public sidewalk or right-of-way, and all refuse storage areas shall be screened from view.

6.6.4

Home Occupations. A home occupation as defined by this Code shall be deemed an accessory use provided that such home occupation:

A.

Is conducted entirely within a dwelling or integral part thereof and has no outside storage of any kind related to the home occupation or in the case where activities take place away from the dwelling such activities are in full compliance with the provisions of this Title;

B.

Is clearly incidental and secondary to the principal use of the dwelling and does not utilize more than 25 percent of the floor area;

C.

Is conducted only by persons residing on the premises and no more than one (1) non-resident employee;

D.

Does not necessitate or cause the exterior appearance of any structure to be other than residential and is not disruptive of the residential character of the neighborhood;

E.

Has no advertising of the home occupation on the site or structures, except as permitted in Section 8.2.3A [Small name plate will be permitted];

F.

Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic or parking problem;

G.

Does not involve retail sales or services that bring more than 10 customers per day to the dwelling;

H.

Home occupations shall not involve the outside area of the residence;

I.

Work conducted in an Accessory Building, such as an outdoor workshop, is prohibited unless approved as a Special Exception Use following the procedures of Section 3.3.3 and shall comply with the above standards.

6.6.5

Satellite Dishes. Satellite dishes larger than 18 inches in diameter shall be screened so as not to be visible from any road right-of-way. Satellite dishes and any screening must meet the height restrictions, setback requirements and buffer requirements of the principal use. No satellite dish larger than 18 inches in diameter shall be located in a required yard.

6.6.6

Residential and Commercial Accessory Structure Requirements.

A.

Residential Setback and Yard Requirements. No accessory structure shall be located in a front or side yard except for the R-A and R-E districts. The following standards shall apply:

1.

In all residential districts, including the R-A, semi-trailers, manufactured homes, modular shipping containers, dumpsters, motor vehicles or other similar structures, modified or otherwise, shall not be utilized as permanent accessory structures.

2.

Within the R-A and R-E districts, no accessory structure shall be located in any required yard.

3.

An accessory structure(s) shall occupy no more than 40 percent of any yard it is located in.

4.

No accessory structure shall be erected or altered so that it is closer than 5 feet to any rear or side lot line and shall not encroach on any utility, drainage or any other type of easement.

5.

Detached garages or similar structures such as a Porte Coche're, that are considered the primary garage or integral component of a residence are allowed in the front or side yard. All required for the district shall apply.

B.

Commercial and Industrial Setback and Yard Requirements. No accessory structure shall be located in a required yard and the following standards shall apply:

1.

In all Commercial or Mixed Use districts, including the R-A, semi-trailers, manufactured homes, modular shipping containers, dumpsters, motor vehicles or other similar structures, modified or otherwise, shall not be utilized as permanent accessory structures.

2.

Modular shipping containers may be utilized for temporary storage of seasonal merchandise and shall be approved by the MPC as a Temporary Use following the procedures of Section 3.3.4.

3.

Trash dumpsters may be located in the required front yards if approved by the MPC staff and shall meet any applicable landscaping requirements of Article 13.

4.

Industrial districts, including the A-1 zone, are exempt from the requirements of Subsection 6.6.6.B1 with the exception of manufactured homes which shall not be used for storage.

6.6.7

Carports. Carports shall comply with the following requirements:

A.

Only one carport or extension is permitted per lot if located in the front yard.

B.

The entire area beneath the roof of the carport shall be paved with a hard surface material as defined in Article 12 of this Code.

C.

The size of the carport shall be limited to two parking spaces.

D.

Carports may not exceed the height of the house.

E.

Portable carports shall not be allowed in the front or side yards.

F.

Carports shall be open on two or more sides.

G.

The carport shall be kept in good repair.

H.

When a new carport extends into the front building setback, the following standards shall apply:

1.

The size of the carport shall be limited to two parking spaces and the roof pitch shall be similar to the existing roof pitch and the carport roof shall architecturally tie into the existing roof.

2.

No portion of the carport may be within 5 feet of the front lot line.

3.

No portion of the carport may be located in a side yard or extend further than the existing roofline of the principal structure unless approved otherwise by the MPC Board of Adjustment.

4.

The carport shall be used solely for the storage of a vehicle; no other storage is permitted.

5.

The carport shall be constructed of building materials which are similar to the principal structure and shall be painted in complementary colors which are similar to the primary structure; no canvas or other non-rigid materials are permitted.

6.

One side of the carport shall be parallel to the front facade of the principal structure for which it is attached.

7.

The carport shall be located on the driveway, or a logical extension of the driveway.

8.

Approval of the carport shall be reviewed as a Special Exception following the procedures of Section 3.3.3.

6.6.8

Swimming Pools and Tennis Courts. In-ground swimming pools and tennis courts shall comply with the following requirements:

A.

In the R-E and R-LD and R-MD districts, swimming pools shall not be located in a front yard of a single family residence.

B.

Swimming pools shall be set back at least 5 feet from the side and rear lot lines and shall not be located within a utility or drainage easement.

6.6.9

Motor Vehicle Repair or Service in Residential Districts. The following restrictions to home repair, servicing or maintenance of motor vehicles and boats shall apply in the R-A, R-E, R-LD, R-MD, R-HD, R-MHS and R-MHP districts:

A.

The motor vehicle being repaired, serviced or maintained must be owned by a person who resides in the residence. Commercial repair of motor vehicles or boats is prohibited.

B.

Not more than one commercial motor vehicle shall be repaired, serviced, maintained, or stored for future servicing at any one time and the vehicle shall be owned and/or driven by a person who resides in the residence.

C.

All vehicle parts, components and repair tools shall be stored within an enclosed garage or accessory structure and kept out of view of the general public.

D.

Painting or body repair of a personal vehicle shall not take place in an outdoor area. Spray paint cannot drift into any adjoining property or nearby residences.

E.

The motor vehicle being repaired, serviced or maintained shall be registered or titled to the occupant, or one of the occupants of the residence. Proof of registration or title may be requested by an official charged with the enforcement of this Code.

6.6.10

Fences and Walls. Fences and walls shall comply with the requirements of Section 13.12.

6.6.11

Self-Service Accessory Structures or Vending Machines. Placement of large self-service machines and structures such as off-site, free-standing ATM Vestibules, Ice Making and Vending machines or other large self-service machines as defined in Section 18.2.1.a shall be allowed in the B-3, B-4, RFD, I-1 and A-1 Districts only and shall comply with the following standards:

A.

When placed within the building frontage:

1.

A self-service accessory structure shall be reviewed as a Conditional Use following the procedures of Section 3.3.2.

2.

The accessory structure shall be permanently landscaped to comply as closely as feasible to the requirements of this Code or have an alternate landscaping plan approved by the MPC.

3.

The self-service accessory structure shall be constructed in a manner that meets the architectural standards of this Code or enclosed within a structure that meets the architectural standards, unless otherwise approved by the MPC.

4.

The accessory structure shall not displace any required off-street parking spaces for the use it is placed with.

5.

The accessory structure shall not disrupt the vehicle paths within the parking lot where it is placed.

6.

The accessory structure shall be located behind the building setback for the zoning district in which it is located, unless otherwise approved by the MPC.

7.

All proposed signage shall be approved by the MPC.

8.

All rooftop equipment shall be completely screened from public view on all sides and a trash receptacle placed on the site for use by the ice machine customers.

9.

A means of storage of refuse, such as trash cans, plastic bags or other such means shall be provided on site and regularly emptied.

10.

All self-service accessory structures shall display the following information:

a.

The name and mailing address of the owner.

b.

A telephone number to which calls for service to the machine or cleaning of refuse from the site can be made.

B.

When placed in the side yard or rear yard of the primary use:

1.

A self-service accessory structure shall be approved by the Executive Director following the procedures of approval of Accessory uses and structures as stated in Section 3.3.5.

2.

The self-service accessory structure shall meet all the setbacks required of an accessory structure as stated in Section 6.6.6.

3.

Meet all requirements of Section 6.6.11.A. above.

C.

When the self-service accessory structure is the primary use on a site:

1.

The structure will have to meet all requirements of permanent structures, as stated in this Code.

2.

Meet all requirements of Section 6.6.11.A. above.

6.6.12

Little Free Libraries and similar structures. Little Free Libraries and other similar structures are allowed as a Permitted Use in all R-Districts and shall comply with the following standards:

A.

The Little Free Library shall not be placed in any public right-of-way and must be located on private property within the front yard.

B.

The Little Free Library shall be located a minimum of five (5) feet from any side property line and three (3) feet from the front property line.

C.

The Little Free Library shall only be placed on property that has access by way of a public sidewalk. Exceptions may be granted by the appropriate governing body.

D.

The Little Free Library structure shall not be over five (5) feet in height, measured from ground level, and not more than two (2) feet in width.

E.

The owner of the library or the property the library is located on shall be responsible for ensuring that the library is maintained in good condition and in the proper location.

F.

The owner of the library or the property shall be responsible for the content for all of the reading material placed in the Little Free Library.

All temporary uses, unless specifically excluded in this subsection, shall obtain a Temporary Use Permit, as provided for in Subsection 3.4.4. Further, certain temporary uses shall comply with the additional temporary use requirements enumerated below:

6.7.1

Temporary Seasonal Sales. Sales of seasonal merchandise such as, but not limited to, crawfish sales, snow cone sales, Christmas tree sales, Christmas lighting display sales, live plant sales, may be approved by the MPC Executive Director or his official designee and are subject to the following conditions:

A.

Christmas Lighting/Décor Sales. Christmas lighting and décor sales shall not operate for more than sixty (60) consecutive days on the same lot or parcel for any consecutive twelve (12) month period within the same respective season.

B.

Christmas Tree Sales. Christmas tree sales shall encompass the sale of healthy, non-hazardous, cut or live evergreen trees, wreaths and tree stands. Christmas tree sales shall expire December 26.

C.

Crawfish Sales. Crawfish Sales shall not operate for more than seven (7) consecutive months on the same lot or parcel for any consecutive twelve (12) month period.

D.

Live Plant Sales. Sales of live plants shall be limited to ninety (90) consecutive days for any consecutive twelve (12) month period.

E.

Snow Cone Sales. A snow cone stand in a portable building, shall not operate for more than seven (7) months beginning April 1 ^st and ending October 31 ^st on the same lot or parcel, for any consecutive twelve (12) month period.

1.

During the seasonal time allowed for the Snow Cone sales to operate, snack sales such as candy, chips, peanuts or other typical concession stand snack items may be sold.

F.

Produce Sales. The selling of locally grown produce shall be allowed beginning on April 1 ^st and ending November 30th. The sale must be conducted on private property with the property owner's permission. A zoning certificate shall be required for each location.

6.7.2

Temporary Outdoor Display of Merchandise. Any lawfully existing commercial use shall be permitted to display and sell its merchandise outdoors only under the following conditions:

A.

No display of merchandise shall occupy any required parking spaces nor obstruct any pedestrian or vehicular traffic.

B.

Display of merchandise shall not be located in a required front yard as defined in Article 18 of this Code.

C.

Outdoor display shall be conducted only by the business licensed on the property, and shall only include merchandise that is regularly offered for sale inside such business.

6.7.3

Concrete/Asphalt Batch Plant. Such temporary uses shall meet the following standards:

A.

No such use shall be located within 500 feet of an adjoining residential use.

B.

If any adjoining land use is residential, hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. In all other instances, hours of operation shall be limited to 6:00 a.m. to 10:00 p.m.

C.

The applicant shall provide a written agreement and advanced surety in the amount of one 125 percent of the estimated site restoration cost to ensure complete site restoration upon the facility's dismantling or if the permit should be revoked.

D.

The applicant shall provide a written agreement and advance surety in the amount of 125 percent of the estimated road restoration/replacement costs along anticipated principal truck routes. This amount will be determined by the City or Parish Engineer. This surety ensures roads will be reconstructed to Louisiana Department of Transportation specifications.

E.

If deemed necessary by the City or Parish Engineer, the property access shall be controlled by special traffic personnel paid for by the applicant. Such instances warranting traffic personnel may include locations at busy intersections or other extensive interference with primary traffic from trucks.

F.

No high-intensity flood lights shall be permitted if an adjacent use is residential.

6.7.4

Temporary Manufacturing Plant Buildings. Temporary buildings used as part of industrial or plant operations should be located behind secured fencing and shall not be permitted public access.

6.7.5

Fireworks Sales.

A.

Bossier City. Fireworks may be sold between June 28 and July 5 and between December 23 and January 1 of each respective holiday season.

B.

Bossier Parish.

1.

Fireworks may be sold between June 25 and July 5 and between December 15 and January 1 of each respective holiday season.

2.

Fireworks sales in the portions of the R-A district that are within the jurisdiction of Bossier Parish must also receive approval by the Police Jury.

6.7.6

Model Home/Sales Office.

A.

Temporary Structures.

1.

A model home and/or sales office that is temporary and not intended to be sold as a dwelling at its location shall be removed from the site within 30 days following the sale of the last residential lot within that development or subdivision.

2.

The use of the temporary home and/or sales office as a sales office or model home for a nearby development project is permitted; provided, that:

a.

There are not less than 3 unsold dwellings within the subdivision or not less than 5 percent unsold dwellings within the subdivision, whichever is greater.

B.

Permanent Structures.

1.

A model homes and/or sales offices that is intended to be sold as a dwelling at its location is permitted; provided that the sales office use must cease and be converted to a dwelling within 12 months following the sale of the last residential lot within that subdivision.

2.

Use of a structure as a sales office or model home for other subdivisions is permitted; provided that:

a.

There are not less than three 3 unsold dwellings within the subdivision or not less than five 5 percent unsold dwellings within the subdivision, whichever is greater.

6.7.7

Outdoor Display of Seasonal and Large Merchandise.

A.

Temporary or permanent outdoor storage or display of seasonal retail merchandise, storage sheds, playground equipment, lawn equipment, plants and planting materials shall not be placed in the required front yard, but kept behind the building setback line or on the side or rear and shall not utilize any required parking spaces. The following standards shall apply:

1.

The storage or a display shall not impede pedestrian and/or vehicular traffic, and shall be in a designated area.

2.

The storage of salvage, trash, or inoperable vehicles on the premises is not permitted.

B.

Temporary or seasonal outdoor display of merchandise for sale is permitted under the following circumstances:

1.

Trailers, garden supplies, lawn and yard equipment, storage sheds and plant materials may be stored outdoors. The display of these items shall not impede pedestrian and/or vehicular traffic.

2.

Merchandise shall not be placed within any required yards.

3.

Businesses with areas designated for this use as a component of an operational site plan, which has been submitted to the MPC board for review and approval, are exempt from these requirements.

4.

The outdoor storage or display should include only merchandise that is regularly offered for sale inside such business. An operational site plan may be required.

6.7.8

Public Interest and Special Events.

A.

Events include outdoor concerts, carnivals, circuses and similar activities that are intended to appeal to the public at-large rather than any specific, targeted group. Permitting decisions shall be made without regard to the content of protected speech.

B.

The activity shall be permitted only during hours when the on-site parking would not be used for the primary occupancy's high traffic generation activities.

C.

The special event or activity is limited to no more than 6 times per year and each event shall be no longer than 10 days. Each event requires its own specific approval and permit.

D.

When the event has been concluded, the site shall be left clean and restored to its previous condition or improved condition, as appropriate.

6.7.9

Garage, Yard or Estate Sales. Yard sales or garage sales may be conducted in residential districts without obtaining a permit, subject to the following conditions:

A.

Sales shall be conducted under supervision of the occupant of the residence or property owner.

B.

Sales events shall be limited to 2 per year, with a maximum of 3 days per event.

6.7.10

Temporary Use Structures. Temporary buildings used for seasonal sales of products shall be required to meet the following standards:

A.

The temporary building shall be placed a minimum of 25 feet from the front property line and 5 feet from any side property line, or in the case of a corner lot 20 feet.

B.

The temporary building shall be skirted to provide screening of the underside or frame of the building.

C.

The exterior of the temporary building shall be painted and kept in good repair. The paint scheme of the building shall complement the primary building, if applicable, and the paint scheme shall be at least 80% one solid earth tone color. Earth tones are defined as colors naturally found in the Bossier City and Bossier Parish region and include colors and shades of the following: red, orange, yellow, tan, beige, off-white, black and taupe.

D.

Any refrigeration or air conditioning units should be screened from view of the public right-of-way.

E.

Landscaping, either live or artificial, shall be placed around the skirting.

F.

The temporary building shall be removed from the site no later than 30 days after the approved operating season is over. Failure to remove the temporary building after 30 days, may be deemed a reason for denial of future site approval for a Certificate of Occupancy.

6.7.11

Portable Storage Containers. Portable Storage Containers are permitted as an accessory use within the jurisdiction of the Bossier MPC subject to the following restrictions:

A.

Portable storage containers may be placed in the front yard or rear yard of a residence up to two times per year for a period not to exceed 15 days for each period.

B.

The size may not exceed 400 square feet in an R-E, R-LD, or R-MD District.

C.

No more than two containers, at one time, may be placed on site in an R-E, R-LD, or R-MD District.

E.

Placement of a portable storage container shall require a zoning permit from the MPC office which includes the container identification number, date of placement, required removal date and the name of the resident.

F.

No Off-Premises advertising devices or signs are allowed on the portable storage container.

6.7.12

Temporary Storage of Sand, Topsoil, Gravel or other Aggregate. Within the Business, Special Purpose and Residential zoning districts the storage of small amounts of sand, topsoil, gravel or other aggregate materials, over one (1) cubic yard, that is used for daily operations of a business or for personal use are subject to the following restrictions:

A.

The R-A Residential Agriculture District is exempt from the following requirements.

B.

The storage of the material shall not be visible from the public right-of-way.

C.

Material intended to be used as fill on the same site, shall be spread within 30 days. A construction project that possesses a current building permit is exempt from this requirement.

(Ord. No. 167-2022, 11-29-2022)