1.

Findings. The City hereby makes the following legislative findings with regard to these adult use regulations:

a.

Based on studies performed in other cities (some of which are summarized in the Minnesota Attorney General's "Report of the Attorney General's working Group on the Regulation of Sexual Oriented Businesses") areas near sexually oriented businesses are often associated with high crime rates, deteriorated commercial and residential neighborhoods, depreciation of property values and dramatic changes in the character of a neighborhood when more than one such business is operating in a given area;

b.

Retaining and growing sales tax revenues are extremely important to the economic well being of the City;

c.

Persons who use the shopping areas within the City will shop elsewhere if these shopping areas are identified with adult uses;

d.

The City recognizes that the First Amendment to the United States Constitution requires that it "refrain from effectively denying" expressive adult use operations a reasonable opportunity to open and operate within the City;

e.

The regulations herein are intended as a narrow means to eliminate, or at least limit, the deleterious effects of adult uses on the health, safety and welfare of the residents, business owners and property owners in the City; and

f.

The regulations limiting the areas available for adult uses have been narrowly drafted to keep such uses from defining the character of the existing and planned major commercial areas of the City.

2.

Definitions.

a.

"Adult Bookstore" means an establishment having 25 percent or more of its sales or stock in trade, books, magazines, films for rent, sale or for viewing on premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas; or an establishment with a segment or area devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

b.

"Adult Entertainment Cabaret" means a public or private establishment which:

i.

Features topless dancers, strippers, or male or female impersonators;

ii.

Not infrequently features entertainers who display specified anatomical areas; or

iii.

Features entertainers who, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron, or entertainers who engage in or are engaged in explicit simulation of specified sexual activities.

c.

"Adult Motion Picture Theater" means a building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

d.

"Adult Novelty Store" means an establishment having 25 percent or more of its sales or stock in trade consisting of toys, devices, clothing "novelties", lotions and other items distinguished or characterized by their emphasis on or use for specified sexual activities or specified anatomical areas, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

e.

"Specified Anatomical Areas" means less than completely and opaquely covered: 1) human genitals, pubic region; 2) buttock; 3) female breasts below a point immediately above the top of the areola; and Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

f.

"Specified Sexual Activities" means human genitals in the state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

3.

Location. Adult uses may be located in B-3, B-4, B-5 and O, R & D districts (unless such property is planned for residential or low density B-1 and B-2 commercial uses) provided that no adult uses shall be located within 1,000 feet of any property zoned, used or planned for residences, churches, schools, parks or another adult use. Further, no adult use shall be permitted to operate within 500 feet of the centerline of Greenwell Springs, Hooper, Joor, Sullivan, Wax/Magnolia Bridge Roads or Central Thruway.

4.

Liquor. No alcoholic beverage or liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use.

5.

Exterior Display Prohibitions. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This Section shall apply to any display, decoration, sign, show window or other opening.

6.

Any adult use which existed lawfully, but which became nonconforming upon the effective date hereof, may be continued as follows:

a.

Upon written notice from the City to the owners/interests therein that any building, structure, lot or regulated use is nonconforming under the provisions of this Zoning Code, as amended, the owners/interests therein shall, within two months from the date of such notice, apply to the City for a certificate of nonconformance.

b.

Failure to apply for a certificate of nonconformance within two months of the notice provided in this Section will require the amortization of the nonconformance within six months of said notice.

c.

Nonconforming business owners/interests that have applied for a certificate of nonconformance from the City shall be allowed to continue the business if the business becomes conforming within one year of the notice provided in this Section.

(Ord. No. 2014-14, 7-1-2014)

ADUs meeting the following standards are permitted in the R-1 and R/A districts:

1.

Only one ADU may be permitted on any lot.

2.

ADUs shall only be permitted in rear yards.

3.

ADUs may be attached to the main residence ("mother-in-law" unit), free standing ("carriage house"), or be a mobile home. A mobile home is not permitted as an ADU in a recognized subdivision within the R-1 Zoning District.

4.

ADUs shall not be considered permitted obstructions in a required yard and shall therefore comply with all bulk requirements, including, but not limited to, setbacks and lot coverage limitations. For purposes of rear yard lot coverage limitations only, an unattached ADU shall be considered an accessory building.

5.

No ADU may be greater than 1,000 square feet.

6.

A "mother-in-law" unit must have a working (inside) door connecting it to the main residence.

(Ord. No. 2015-10, 3-6-2015)

1.

Prior to issuance of a building permit, Zoning Certificate or Occupancy Permit for a Group Home, the proposed Group Home operator shall provide the Zoning Administrator with construction (if any) and operational plans for the Group Home.

2.

The Zoning Administrator shall not authorize the issuance of a building permit, Zoning Certificate or Occupancy Permit unless, after reviewing the plans, he/she finds:

a.

The structure and facilities to be used for a Group Home are physically adequate for the number of proposed residents and their particular disability(ies) and meet all building, fire and safety codes and all other provisions of this Zoning Code.

b.

The structure and facilities will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the residential neighborhood.

c.

The proposed Group Home is not within 600 feet of another Group Home.

3.

Prior to issuance of an Occupancy Permit, the proposed Group Home operator shall provide evidence of license, certification, or registration with the appropriate state or federal agency, if required.

4.

Group Homes shall not install or display any identification viewable from a public street by signage, graphics, display, or other visual means except for a display of the address.

1.

Site Development Plan. A Site Development Plan must be prepared and submitted to staff and must include the requirements for site plans contained herein.

a.

Location and Fencing.

i.

RV parks shall be located in an approved zoning district, when allowed as either permitted or conditional use.

ii.

At a minimum, an opaque fence at least six (6) feet in height constructed of wood or masonry must be placed on the sides and rear property line to screen the RV park from view.

b.

Size and Density.

i.

Each RV park must have a minimum of three (3) acres.

ii.

Only one (1) recreational vehicle is permitted per recreational vehicle pad.

c.

Size of Individual Sites; Pad Requirements; Landscaping.

i.

Each recreational vehicle site within the RV park shall have a minimum area of one thousand seven hundred fifty (1,750) square feet. In addition, the space shall be clearly marked identifying the space number.

ii.

The individual RV pad and parking area for two (2) vehicles must be paved with impervious materials such as cement or asphalt. The remaining area must be planted with grass and other landscaping.

iii.

There shall be a minimum of ten (10') feet between recreational vehicles with each unit at least three (3') feet from the boundary of the rental space.

iv.

Buffer Yard. Each recreational vehicle site within an RV park shall be setback from the abutting property line in compliance with the requirements of the zoning district in which the RV park located. Notwithstanding the above, no recreational vehicle site shall be set back less than thirty (30') feet from any abutting property.

d.

Street Access; Street Lighting.

i.

Each recreational vehicle site within the RV park shall have access to an internal private roadway, which shall have access to a public street. The entrance of the internal roadway shall have pavement wide enough to permit free movement of emergency vehicles in accordance with City standards. All internal streets are to be constructed with asphalt or concrete materials with the objective to prohibit dust.

ii.

Street lighting for the RV park shall minimize offsite reflection.

e.

Service Buildings. Each RV park shall have at least one service building to provide necessary sanitation and laundry facilities.

f.

Soil and Ground Cover. Exposed ground surfaces in all parts of the RV parks shall be paved, covered with stone, rock or other similar solid material or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust.

2.

Drainage (Storm Water Management).

a.

The ground surface in all parts of the RV park shall be graded and designed to drain all storm water, surface water in a safe, efficient manner to city stormwater drains.

b.

A drainage study shall be required if the total of non-pervious surfaces are 30,000 square feet or above by a permitted professional engineer and servitudes for the conveyance of surface water off-site shall be obtained, if necessary.

3.

Electrical Service. Each site within the RV park shall be provided with electrical service in accordance with the current National Electrical Code adopted by the City of Central.

4.

Sewerage and Water Supply. Each RV park shall provide sanitary facilities in accordance with Section 7:14.3 of the Code of Ordinances. No "dump station or receiving station" shall be allowed at the RV park.

5.

Storage, Collection and Disposal of Refuse and Garbage. Each RV park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage. Storage, collection, and handling shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, or fire hazards. Trash dumpsters shall be fenced (brick masonry or wood) on all sides on impervious surface and shall have a gate.

6.

Registration of Guests. Each person renting a site within an RV park shall be registered with the Manager in charge of the RV park. Registration information will consist of renter's name, site being rented, date of arrival and expected departure date, automobile and recreation vehicle plate numbers.

7.

Property Maintenance. Park grounds shall be maintained in a clean and orderly condition in accordance with City Code of Ordinances.

8.

Existing Manufactured Mobile Home Parks.

a.

Each manufactured mobile home park that has spaces for recreational vehicles existing prior to the adoption of this ordinance shall be permitted to occupy the space with a recreational vehicle.

b.

However, in no instance shall a new manufactured mobile home park to be located within the city limits of the City of Central be allowed to house recreational vehicles or have dedicated spaces for recreational vehicles.

c.

Recreational vehicles shall only be allowed in a recreational vehicle park. No manufactured mobile home shall be permitted in a recreational vehicle (RV) park.

d.

Any enlargement or extension to any existing recreational vehicle park shall be treated as if such enlargement or extension was a new establishment, and thus be subject to all current, applicable regulations.

e.

No enlargement or extensions to any recreational vehicle park shall be permitted unless the existing park is made to conform to all requirements for new construction for such facilities as provided herein.

9.

Permanent Occupancy Prohibited.

a.

No RV park or recreational vehicle therein shall be used as a permanent residence for any period of time. Occupancy or parking of a recreational vehicle within the RV park extending beyond a six (6) month period shall be presumed permanent occupancy and is hereby prohibited.

b.

Individual six (6) month extension(s) may be granted upon review and approval by the planning staff to accommodate temporary workers. The RV shall remain mobile with current valid registration and tags.

(Ord. No. 2018-51, 12-18-2018)

1.

Purpose. A Rural Event Venue (REV) may be allowed as a use based on the unique capacity of a parcel of land to accommodate events while preserving the essential rural character of the community and the site on which the use may be located.

2.

General REV standards.

a.

A REV shall only be allowed on a parcel with an established and active single family residential use.

b.

A REV shall not operate as a restaurant, bar, brewery, winery, or any other commercial or business use unless specifically approved by the City of Central.

3.

REV Event Managements Plan Required. The owner/operator shall submit an event management plan to the City of Central that includes, but is not limited to the following information:

a.

Site plan for the entire parcel

b.

Traffic and parking management plan

c.

Landscape plan

d.

Solid waste management plan

e.

Security plan

f.

Operations plan including, but not limited to the following information:

i.

The expected number of attendees per event;

ii.

The number of events per year;

iii.

The number of employees;

iv.

The hours of operation;

v.

Sanitary facilities;

vi.

Sound amplification to be used and a plan to minimize any amplified sounds;

vii.

Temporary structures or tents to be used in association with the planned events;

viii.

Other documentation as required by the City of Central.

g.

A copy of the event management plan shall be provided to all users of the REV and shall be available for on-site inspection at all times.

4.

REV permit required.

a.

All REVs shall be approved by the City of Central and obtain an occupational license and a yearly REV permit. Additionally, REVs are subject to all permitting requirements established by the City of Central and shall comply with all of the use standards in this section and all City of Central building, fire, and safety codes.

b.

No REV shall be allowed on a parcel that is not in compliance with all of the relevant City of Central ordinances, including the zoning ordinance, unless the parcel is legal non-conforming in accordance with the specific standards of this ordinance, or the parcel is otherwise subject to a variance or approved conditional use, or other official approval or determination from the City of Central.

c.

No activity or use may be conducted in a manner that generates a level of sound, which at any property line shall be considered a nuisance, as defined in Title 12 - Nuisances of the City of Central Code of Ordinances, including, but not limited to title 12. chapter 2. noise. sec. 12.104. Penalty and enforcement.

d.

A REV permit is neither assignable nor transferable.

e.

The City of Central issued REV permit shall be conspicuously displayed on the premises.

f.

The owner shall keep on file with the city the name, phone number, cell phone number, and e-mail address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the REV. This information shall be posted at the primary entrance of the REV. The local contact person shall be available twenty-four (24) hours a day to accept telephone calls and to respond physically to the REV within (30) minutes when the REV is in use.

g.

The owner shall pay all sales and occupancy taxes required by law.

5.

Site standards.

a.

No REV shall be permitted on a parcel with a lot size of less than 5 acres.

b.

No monument signage is permitted. Wall signage shall be allowed up to maximum of 40 forty square feet.

c.

A REV shall be equipped with working smoke and carbon monoxide detectors.

d.

Exterior lighting shall not project into an adjoining residential area. All lighting installations in connection with a REV shall be designed to minimize direct spillage, sky glow, and hazardous interference with vehicular traffic on adjacent rights-of-way and all adjacent properties, which may be achieved through the use of down-turned lights, light shields, building screening, landscaping, or other similar elements.

e.

Parking shall meet all standards in the Central CZO.

f.

No public use areas and parking and loading areas shall be located within 100 ft of any property line, including the front property line.

g.

Temporary structures, including tents and canopies may be allowed. Tents and canopies may be erected no more than 48 hours prior to an event and must be removed no more than 72 hours following the event.

6.

Performance standards.

a.

Multiple rentals of a REV shall not be allowed during the same rental period.

b.

Events shall only take place between the hours of 9:00 a.m. and 11:00 p.m.

c.

Live entertainment, excluding adult uses, may be included as an ancillary use of the event.

d.

Outdoor Amplified Audio and Music. Outdoor Amplified music used in conjunction with an REV shall not exceed seventy-five (75) decibels (maximum) as measured at any property line. Outdoor amplified music shall only be allowed between the hours of 11:00 a.m. to 9:00 p.m.

(Ord. No. 2023-25, 8-3-2023)

All borrow pits shall conform to the following requirements:

1.

General Standards

a.

Borrow pits are permitted for a maximum of five (5) years. The exact timeframe of a borrow pit win be determined and approved as part of the permit.

b.

Borrow pit permit timeframes cannot be extended past the date set and reapplication for a conditional use permit must be submitted for before expiration of the permit. However, reapplication for a Borrow pit for operation beyond the initial five (5) year period may be submitted for staff-level approval for an additional period, not to exceed five (5) years, provided that the permittee has obtained approval for continued operation from all applicable state and federal regulatory authorities and has had no more than three (3) instances of noncompliance noticed in accordance with subsection "h" below during the preceding five (5) years. In no event shall a Borrow pit operate beyond ten (10) years from the initial permit approval without reapplication for a conditional use permit and submitting to the full conditional use process.

c.

Street access and clear areas must be maintained to provide access to fire and emergency equipment.

d.

All access roads shall be maintained with a dust-free. mud-free surface for a distance of at least one hundred (100) feet from any road right-of-way or ad jacent property lines.

e.

All required permits must be obtained from all appropriate City, Parish, State, and/or Federal agencies.

f.

Excavation activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday.

g.

A bond in the amount of $500 per acre of the area proposed for excavation to ensure reclamation of the site shall be provided to the City of Central if the permit is approved before any excavation activity is begun.

h.

The site shall be subject to inspection at least twice annually by the city inspector to ensure compliance with this ordinance and the approved use permit. If the inspection indicates noncompliance, a notice of noncompliance shall be issued setting forth the specific issues of noncompliance and providing fifteen (15) days from issuance of the notice to demonstrate remedial actions have been undertaken and thirty (30) days to cure any noncompliance. A stop work shall be issued after said fifteen (15) days in the event remedial actions have not been undertaken in connection with the noncompliance cited in the notice. Should the site not be brought into full compliance within thirty (30) days of the issuance of notice, at the election of the City, the bond may be forfeited, in addition to any other penalties that might be pursued by the City. Repeated violations or noncompliance of more than three in a calendar year found during inspection shall result in the bond being forfeited, in addition to any other penalties that might be pursued by the City.

i.

Sand and gravel mining operations previously approved shall be considered as conforming to the requirements below for a period of five (5) years, provided that they operate in a manner conforming with the site plan approved as part of their original approval.

2.

All open excavations must be enclosed by a solid fence erected and maintained outside the excavation. The fence must be a minimum of eight feet to effectively control access to the excavation area and must be shown on the site plan. The fence design may be modified, including increasing/decreasing the height of the fence or the material of the fence, during the conditional use process. The fence requirement provided herein may be waived during the conditional use process at the request of the applicant. Factors that may be considered when a request to waive the fence requirement is made include, but are not limited to, the size and location of the planned excavation site, the distance of the planned excavation site from the roadway and other structures, and whether the planned excavation site has sufficient natural or alternative buffers to secure the site and to shield and protect neighboring properties.

3.

Site Standards. Borrow Pits shall comply with all of the following distance requirements and standards:

a.

The site is at least five (5) contiguous acres.

b.

The open excavation site must be at least:

1.

Five hundred (500) feet from any residential dwelling on the parcel and one thousand (1,000) feet from any residential dwelling on any adjacent parcel:

2.

Three hundred (300) feet from any road right-of-way;

3.

One hundred (100) feet from any special flood hazard area;

4.

One hundred (100) feet from any abutting property lines of properties not included as part of the planned excavation site. This distance may be reduced to fifty (50) feet with the written consent of the neighboring property Owner(s); and

5.

Three hundred (300) feet from any designated Wild and Scenic River and one hundred fifty (150) feet from any tributary of a designated Wild and Scenic River.

c.

All sorting, crushing, loading, and equipment storage shall be located at least:

1.

Three hundred (300) feet from any road right-of-way

2.

Five hundred (500) feet from any residential dwelling on the parcel unless reduced with the written consent of the property owner; and

3.

One thousand (1,000) feet from any residential dwelling on any adjacent parcel.

d.

Scales and related equipment shall be located at least one hundred (100) feet from any road right-of-way.

e.

A landscape buffer equivalent to at least one hundred (100) feet shall be required to ensure screening of all mining operations from any public street or right-of-way. Existing vegetation, if preserved, may be used to meet this requirement.

4.

A design and operation plan shall be submitted specifying the development to be served, if located within the City of Central, the anticipated volume of fill material needed for such development, the anticipated volume of fill material to be excavated regard less of the location of the development to be served, and the circumference, slope and depth of the pit. The design and operation plan shall also include the following:

a.

Estimates of the average and maximum number of trucks entering and leaving the site each day and an estimate of the gross vehicle weight of each.

b.

Hours and days of operation.

c.

Methodology to be used to prevent off-site sediment tracking.

5.

The design and operations plan shall include a Site Plan showing all of the following:

a.

All existing and proposed structures, including dimensions from lot lines.

b.

Locations, size, and condition of all existing and proposed driveways and their points of connection with any streets and servitudes providing access to any other lots.

c.

Adjacent land uses and existing natural screening to be retained.

d.

Areas on the lot subject to flood hazards.

e.

Areas on the lot to be used for material or machinery storage.

f.

Proposed excavation areas shown by phases, sequences, and anticipated depth of final excavation.

6.

An end-use restoration plan is required. The final use of the site shall comply with the stormwater management requirements of the Code of Ordinances.

a.

Restoration plan indicating phasing, sequencing, and proposed reuse of the property.

b.

In all cases, the final grades must be appropriate for the expected reuse.

c.

All final site drainage must be designed, sloped, revegetated, or treated by other measures to avoid standing or stagnant water and erosion and siltation of watercourses and ponds.

d.

All restoration material used in the final grading of the site must be free from toxic contaminants as identified by the Louisiana Department of Environmental Quality and must be compacted as much as is practicable, such as by installation in layers.

e.

Final soil depths and types must be appropriate for the expected reuse.

(Ord. No. 2024-13, 4-20-2024)

Editor's note— Ord. No. 2024-13, effective April 20, 2024, set out provisions intended for use as § 19.5. Inasmuch as there were already provisions so designated, said section has been codified herein as § 19.6 at the discretion of the editor.