5.101. Purpose and intent. The purpose of this section is to regulate the continued existence of uses, lots, and structures lawfully established prior to the effective date of this ordinance or any amendment thereto which do not conform to the provisions of this ordinance and which have not obtained special exception status. Further, it is the intent of this section to limit the continuation and expansion, and to encourage eventual replacement of nonconforming uses having potentially undesirable impacts on surrounding conforming uses. Nonconforming uses, structures and lots of record may continue in accordance with the provisions of this section.

5.102. Nonconforming uses.

1.

Ordinary repair and maintenance: Normal maintenance and repair of nonconforming uses may be performed.

2.

Exceptions for repairs by public order: Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official. Repairs and alterations that restore a building to the same condition that existed prior to damage or deterioration, altering the building only in conformity with the provisions of this ordinance in such a manner that does not extend or increase an existing nonconformity may be made with the same kind of materials as those of which the building is constructed.

3.

Extensions and additions: Unless a variance is granted, nonconforming uses shall not be extended or enlarged. This prohibition is to prevent the enlargement of nonconforming uses by external additions to the structure in which nonconforming uses are located.

4.

Relocation: A structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the district into which it is moved.

5.

Change in use: A nonconforming use shall not be changed to any other use unless such use conforms to the provisions of this ordinance. However, a nonconforming use may be changed to another nonconforming use provided:

a.

The change of use is less intense in use with less impact on the surrounding area.

6.

Termination:

a.

Abandonment or discontinuance.

i.

Subject to subsection (b) below, where a nonconforming use is discontinued or abandoned for six months or more, then such use may not be reestablished or resumed and any subsequent use must conform to the provisions of this ordinance, unless a variance is granted.

ii.

In construing whether a use has been discontinued or abandoned, the intention of the owner or anyone else to continue a nonconforming use shall not be considered; abandonment of a nonconforming use by a lessee shall not bind the owner provided that the owner obtains legal control of the use within a reasonable time after abandonment by the lessee; abandonment due to institution of foreclosure proceedings shall not constitute abandonment under the provisions of this section until the mortgagee or purchaser at foreclosure sale takes possession or gains by a recorded legal transfer.

iii.

When the building official has determined that the use has been discontinued, as per section 2.2 of this ordinance, the burden of proof shall be in the property owner to prove that the use has not been discontinued or abandoned.

b.

Damage or destruction. If a structure housing a nonconforming use is damaged or destroyed by 50 percent or more of the fair market value of the structure, then the structure may not be restored unless its use thereafter conforms to the provisions of this ordinance. When such damage is 50 percent or less of the fair market value of the structure as it existed immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes it was before the damage or destruction, provided that such repair or reconstruction is commenced and substantially completed within 12 months of the date of such damage or destruction. For purposes of these regulations the building official will accept the assessed value of the improvements as the fair market value or the value as determined by the board of adjustment on appeal of the building official's determination.

5.103. Nonconforming structures.

1.

Ordinary repair and maintenance: Normal maintenance and repair of nonconforming structures shall be performed.

2.

Relocation: A nonconforming structure, which is moved, shall thereafter conform to the regulations of the district in which it is located after such move.

3.

Termination.

a.

Abandonment. Where a nonconforming structure is abandoned for one year, then such structure shall be removed or converted to a conforming structure, unless a variance is granted.

b.

Damage or destruction. A nonconforming structure, which is damaged or destroyed to the extent of 50 percent or more of the fair market value of said structure, shall not be restored unless it conforms to the provisions of this ordinance.

5.104. Nonconforming lots of record. Notwithstanding any other provision of this ordinance, a nonconforming lot of record may be developed with a single-family dwelling.

A.

All undeveloped lots of record in a residential district that were recorded prior to the effective date of the Comprehensive Zoning Ordinance of 2010 that do not meet the minimum zoning district lot standards shall be allowed one single-family house.

B.

Maximum building coverage, height and yard standards must be complied with, except that the city planner may approve a reduction of required setbacks of up to 20 percent if it does not allow a building that is larger than a building permitted on a conforming lot in the district. Also, the city planner should take into consideration the following:

1.

The property cannot reasonably be developed without such deviations;

2.

These deviations are necessitated by the size or shape of the nonconforming lot; and

3.

The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety.

4.

Mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

5.

To the maximum extent feasible, contiguous non-conforming parcels under common ownership should be combined to create conforming lots.

C.

NOTE: Not applicable to detached accessory use. Proposed additions or alterations will meet current setback requirements.

5.105. Nonconforming accessory uses and structures. No nonconforming accessory use or structure shall continue after the principal structure or use shall have ceased or terminated unless such structure or use shall thereafter conform to the provisions of the district in which it is located, unless a variance is granted.

(Ord. No. 2010-30, Exh. 1, 1-4-2011; Ord. No. 2016-17, 6-22-2016)

5.201. Temporary uses are permitted in any zoning district, subject to the standards hereinafter established, provided that all temporary uses shall meet bulk regulations and parking requirements for the zoning district in which the use is located and provided that no temporary use shall be permitted to continue for such a length of time that it constitutes in effect a permanent use.

5.202. Temporary uses permitted.

1.

Indoor and outdoor art and craft shows, exhibits and sales for a period of up to 14 days;

2.

Contractor's offices and equipment sheds, provided that such uses shall be limited to the period of actual construction and shall be terminated within 120 days of the completion of construction;

3.

Sales of Christmas trees or other seasonal goods, provided that such sales are located on property with direct access to collector or arterial for a period of up to 60 days;

4.

Religious revival tents for a period up to 30 days;

5.

Portable storage units (PODS) which shall be removed within 60 days of delivery and shall not be within 15 feet of the public right-of-way;

6.

A manufactured home, not otherwise permitted in the zoning district, for temporary, emergency housing after a natural, federally declared disaster, for a nonrenewable period of up to six months;

7.

Other temporary uses, which are, in the opinion of the city planner, consistent with the provisions of this section.

8.

Truck trailers used for the temporary storage of goods or equipment in connection with general retail sales and service establishments or industrial uses, provided that such use shall be limited to a nonrenewable period of 60 days.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.301. Home occupations shall be permitted in any residential dwelling unit provided that the home occupation complies with the lot size, bulk regulations and parking requirements of the zoning district in which the home occupation is located.

5.302. The regulations of this section are designed to protect and maintain the residential character of established neighborhoods while recognizing that particular professional and limited business activities are traditionally carried on in the home and are compatible with the long-term integrity of a residential neighborhood.

5.303. Permitted home occupations.

1.

Homebound employment of a physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of his disability;

2.

Office facilities for salesman, sales representatives, and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises;

3.

Studio or laboratory of an artist, musician, photographer, craftsman, writer, tailor, seamstress, or similar person provided that the existence of the home occupation will not increase the number of average daily automobile trips generated by the residence in which the home occupation is located;

4.

Office facilities for accountants, architects, beauticians, brokers, engineers, lawyers, insurance agents, realtors and members of similar professions, provided that the existence of the home occupation will not increase the number of average daily automobile trips generated by the residence in which the home occupation is located;

5.

Day care facilities provided that no more than six children are on the premises at any time.

5.304. Use limitations. In addition to the requirements of the zoning district in which it is located, all home occupations shall comply with the following restrictions:

1.

No stock in trade shall be displayed or sold on the premises;

2.

The home occupation shall be conducted entirely within the enclosed principal structure, and shall not be visible from any residential structure or a public way;

3.

The home occupation shall not occupy more than 25 percent, and in no event more than 300 square feet, of the floor area of the dwelling unit;

4.

There shall be no outdoor storage of equipment or materials used in the home occupation;

5.

No more than one vehicle shall be used in the conduct of the home occupation;

6.

No mechanical, electrical, or other equipment, which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure, shall be used;

7.

No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions;

8.

Only one employee shall be permitted other than a resident of the dwelling;

9.

No sign shall advertise the presence or conduct of the home occupation, other than a nonilluminated name plate, which:

a.

Does not exceed one square foot; or

b.

Does not exceed two square feet if attached and mounted on the principal structure.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.401. Adult-use businesses shall be permitted by-right in regional commercial and industrial districts only, granted they meet the following provisions.

5.402. Provisions.

1.

No adult-use business shall be located within 1,000 feet of a residential zone, park, school, day care center, library or religious or cultural activity.

2.

No adult-use business shall be located within 2,000 feet of any other adult-use business.

3.

Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.

4.

Said business shall be located in regional commercial and industrial districts, and shall not be allowed as home occupations.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.501. Purpose and intent. It is the purpose and intent of this section to regulate the operation of tattoo parlors, body piercing, body art and similar establishments within the city in order to ensure that such establishments are operated in sanitary and orderly fashion and do not become a threat to public health, safety and general welfare.

5.502. License required. In addition to any zoning approvals, all establishments must be licensed subject to the State of Louisiana Department of Health and Hospitals Office of Public Health/Food and Drug Program standards as defined by Title 51 Public Health—Sanitary Code, Part XXVIII. Commercial Body Art, of the Louisiana Administrative Code and R.S. 40:2833.

5.503. Tattoo parlor development requirements.

1.

No tattoo parlors, body art and similar establishments shall be located within 2,000 feet of any other tattoo parlors, body art and similar establishments.

2.

Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.

3.

Said businesses (tattoo parlors, body art and similar establishments) shall be allowed by-right in CBD, CR and ML zones, and shall not be allowed as home occupations.

4.

The hours of operation shall be no earlier than 8:00 a.m. and no later than 9:00 p.m.

(Ord. No. 2010-30, Exh. 1, 1-4-2011; Ord. No. 2017-05, 3-9-2017; Ord. No. 2019-16, 8-7-2019)

5.601. Truck-stops shall be permitted by-right in ML industrial districts and CR regional commercial districts only, as outlined in this ordinance, granted they meet the following provisions.

5.602. Provisions.

1.

No truck stop shall be located within 2,000 feet of a residential zone, park, school, day care center, library or religious or cultural activity.

2.

No truck stop shall be located within 2,000 feet of any other truck stop.

3.

Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.

4.

Said business shall be located only in ML light industrial and CR regional commercial zones, and shall not be allowed as home occupations.

5.

No truck stop shall have video draw poker devices located within.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.701. Purpose and intent. It is the purpose and intent of this section to regulate the operation of group homes and residential care centers within the city in order to ensure that such establishments are operated in sanitary and orderly fashion, according to all federal, state and local regulations, and do not become a threat to public health, safety and general welfare.

5.702. License required. In addition to any zoning approvals, the State of Louisiana Department of Social Services must license establishments subject to these standards.

5.703. Group home and residential care center development requirements. Group homes and residential care centers, as defined in sections 2.2 and 5.7 shall be subject to the following general requirements:

1.

A group home or residential care center shall only be permitted in a detached dwelling unit situated on a lot having a minimum area of 14,000 square feet.

2.

A group home or residential care center shall have a minimum of 350 square feet of habitable floor area for each resident.

3.

The maximum number of persons permitted to occupy a small group home is six excluding staff and personnel. The maximum number of persons permitted to occupy a large group home is 12 excluding staff and personnel.

4.

Common kitchen and dining facilities may be provided, however, no cooking or dining facilities shall be provided in individual resident's rooms.

5.

A group home or residential care center shall be affiliated with a parent organization that provides for the administration of the group home through the direction of a professional staff.

6.

A group home or residential care center shall not be located within 1,320 feet of another group home.

7.

A group home or residential care center shall comply with all applicable safety, fire and building codes as required by federal, state and local governments.

8.

A minimum of four off-street parking spaces shall be provided.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.801. Purpose and intent. A bed and breakfast residence means a single-family, owner occupied dwelling unit that provides no more than three guest rooms in a residential district and five rooms in a commercial district. Bed and breakfast residence provides for paying guests on an overnight basis for periods not to exceed 14 days per guest with breakfast being provided by the owner/operator of the residence.

5.802. Bed and breakfast residence development requirements. Bed and breakfast residences, as defined in section 5.801 shall be subject to the following general requirements:

1.

All of the required approvals shall be obtained prior to establishment of the use, including an occupational license, certificate of occupancy and health department approval.

2.

Proof of owner-occupancy shall be established by submission of proof of a homestead exemption for the premises or similar proof of owner-occupancy.

3.

Meals may be served to guests as part of the room fee, but in no case shall meals be served to persons not staying in a bed and breakfast room.

4.

No cooking facilities are permitted in the individual guest rooms.

5.

The bed and breakfast shall be operated within the principal structure; or any accessory structure such as guesthouses, garage apartments, studio apartments that was certified for residential occupancy or used exclusively for residential purpose prior to January 2, 2002. The total number of guest rooms for the entire site shall not exceed three or five, depending on the zoning district, and the total number of structures shall not exceed two.

6.

One off-street parking space shall be provided for each guest room required and a minimum of two off-street parking spaces shall be required for the resident family. The front yard shall not be used for off-street parking for temporary guests unless the parking area is screened and found compatible with the neighborhood.

7.

One nonilluminated on-premises sign constructed of native material including wood, stone, or clay, not to exceed four square feet, may be erected in the front yard at least ten feet from the street right-of-way and shall conform to the general character of the surrounding neighborhood.

8.

Not more than one nonfamily member of the owner shall be employed within the establishment.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.901. Purpose and intent. Recognizing the growing need for adult and child day care facilities, it is the intent of the City of Covington to encourage the establishment of such facilities in a manner that will preserve the character of residential neighborhoods while meeting the operational and physical standards of the State of Louisiana Department of Social Services (DSS). Day care facilities, operated within a residence, are not subject to the requirements for home occupations contained in section 5.3.

5.902. License required. In addition to any zoning approvals, the State of Louisiana Department of Social Services must license establishments subject to these standards. In addition, all facilities must have an approved and currently valid license, which will be provided to the city every year.

5.903. General day care center development requirements. The following general provisions apply to all day care centers, as defined in sections 2.2 and 5.9 shall be subject to the following general requirements:

1.

The center shall be used exclusively by the adults and/or children and center staff during operating hours. Areas licensed for use as a childcare center shall not be dually licensed. A child care facility, except those located in a church or school, shall be physically separated from any other business or enterprise.

2.

Fencing shall be provided to restrict children from hazardous areas, such as drainage ditches, wells, holes, and major and minor roads. Further, fencing with a minimum height of four feet shall physically contain children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict children from/within these areas.

3.

Any outdoor play area, as required by DSS regulations, shall be provided for child day care centers, and shall not be located in the front yard.

4.

Play equipment shall be located at least ten feet from an abutting property line.

5.

All pedestrian pathways shall be adequately lit for safety if utilized during nondaylight hours. Specific areas for lighting are entranceways, pedestrian access to the outdoor play areas, sidewalks, drop-off areas, and all parking lots. Such lighting shall not produce objectionable glare on adjacent properties.

6.

The operator of a day care center will allow appropriate representatives of the City of Covington to enter the property to inspect such use for compliance with the requirements of this ordinance.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.1001. Purpose and intent. The purpose of this section is to allow for the efficient and orderly development of parking structures in appropriate places with minimal impact to adjacent residential uses.

5.1002. Definitions. For the purpose of this section certain words, phrases and terms used herein shall be interpreted as stated in this section. The city planner shall define any word, phrase or term not defined herein.

Automatic ticket dispensing entry. An entry into a parking garage controlled by a machine dispensing tickets for garage use.

Free flow entry. An entry into a parking garage without controls, such as attendants or automatic ticket dispensing controls

Manual key card entry. An entry into a parking garage controlled by a key card for garage use.

Manual ticket dispensing entry. An entry into a parking garage controlled by a person manually dispensing tickets for garage use.

5.1003. Design standards.

1.

A parking design professional must be used to provide the functional and structural design of the facility.

2.

Minimum setbacks. Parking garages shall comply with the minimum setbacks for principle structures in the zoning district in which they area located.

3.

Maximum height. Parking garages shall comply with the maximum height for structures in the zoning district in which they area located.

4.

Minimum parking stalls. Shall comply with section 4.1 of this ordinance.

5.

Minimum drive aisles. Shall comply with section 4.1 of this ordinance.

6.

Vehicular accessibility. Vehicular access shall be designed in a manner that minimizes disruption to pedestrian corridors and the streetscape. A traffic analysis is required to determine the ingress and egress design.

a.

When possible, ingress and egress lanes shall be together and in such a way that the garage can be loaded and unloaded from one location.

b.

When providing parking for less than 25 motor vehicles, vehicular ingress and egress shall be provided from the alley if there is an alley.

c.

When providing parking for 25 or more motor vehicles, vehicular ingress and egress shall be provided from an alley or local street.

d.

When alley access or local street access is not possible, then vehicular ingress and egress shall be permitted from the collector street.

e.

The width of a driveway intersecting a public sidewalk shall not exceed 24 feet.

7.

Minimum vehicle stacking requirements at entry points.

a.

Free flow entries: One vehicle space per entry lane.

b.

Automatic ticket dispensing entries: Two vehicle spaces per entry lane.

c.

Manual ticket dispensing entries: Four vehicle spaces per entry lane.

d.

Manual key card entries: Two vehicle spaces per entry lane.

8.

Architectural design.

a.

Parking garages shall be screened with ornamental grillwork, artwork, or similar architectural features, which may ultimately be covered with mature plant material.

b.

Parking structures shall be compatible with abutting structures.

c.

Lighting. Light poles on top of parking garages shall be limited to a maximum height of 20 feet. In addition to the provisions outlined in section 4.4 of this ordinance, lighting on top of parking garages is prohibited between the hours of 11:00 p.m. and sunrise except when the parking facility is open to the public. Security lighting is excluded from this prohibition.

5.1004. Site plan submission.

1.

Site plan approval. To insure safety and compatibility with surround uses, site plan approval is required for any new parking garages containing 5,400 or more, gross square feet of floor area. If construction is to take place in phases, a general schematic plan shall be submitted.

2.

When site plan approval is required, the following plan approval process is required by the zoning commission:

a.

When a person applies for the permit, the zoning commission shall hold a public hearing on the proposal.

b.

The site of the proposal shall be posted at least ten days prior to the public hearing.

c.

The petitioner shall submit the following:

i.

Site and development plans at an appropriate scale showing proposed placement of structures on the property; provisions of ingress and egress, off-street loading access, refuse and service areas, and any additional information requested by the city planner or building official.

ii.

Plans for proposed screening, buffering, and landscaping.

iii.

Proposed signs and lighting, including type, dimensions and character.

iv.

Architectural drawings depicting front and side elevations for proposed buildings.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.1101. Purpose and intent. The purpose of this section is to allow for the supply of gas, sewer water, electric, communication or governmental utility service with minimal impact to adjacent residential uses.

5.1102. All wiring (including transmission, distribution and service lines) for the supply of electric and communication services shall be placed underground except as hereinafter provided. Unless otherwise required by City Ordinance, the following wiring is exempt from the underground placement requirement:

1.

Wiring that carries 13,200 or more nominal volts phase-to-phase;

2.

Wiring that is for temporary service during the period of new construction;

3.

Wiring that is relocated at the request of the city;

4.

Wiring that is for minor repair of existing facilities; or

5.

Lead-in wiring or service from existing poles to single-family dwellings;

6.

Any additional circuits added to existing pole routes.

5.1103. Screening of all new utility substations is required, and may be done in any manner that does not interfere with the operation of or cause equipment or devices to be inaccessible, and shall be the responsibility of the substation owner.

5.1104. All utility operations or activities shall abide by all Federal Communications Commission rules and regulations.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.1201. Purpose and intent. The following standards for wireless telecommunications antennas, facilities and towers are intended to:

1.

Ensure public health, safety and welfare.

2.

Ensure access to reliable wireless telecommunication services throughout the city.

3.

Encourage the use of existing towers and other structures for the co-location of wireless telecommunications antenna.

4.

Encourage the location of towers, to the extent possible, in areas where the adverse impact on the city will be minimal and preferably in nonresidential, as opposed to residential, districts.

5.

Minimize the potential adverse effects associated with the construction of wireless telecommunication towers through the implementation of reasonable design, landscaping and construction practices.

5.1202. Interpretation. To the extent this section 5.12 conflicts with this appendix B or any other ordinance of the City of Covington, this ordinance shall control.

5.1203. Definitions. For the purpose of this section certain words, phrases and terms used herein shall be interpreted as stated in this section. The city planner shall define any word, phrase or term not defined herein. The interpretation shall be based upon its common and ordinary usage. For the purpose of this ordinance, all definitions defined herein are in addition to all definitions in the City of Covington Code of Ordinances.

Antenna array. An antenna array is one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure.

Attached wireless telecommunication antenna. A wireless telecommunications antenna attached to an existing building or structure (including, but not limited to, utility poles, signs, water towers, rooftops, towers) with any accompanying pole or device that secures the antenna array to the existing building or structure. This includes associated connection cables and an equipment facility that may be located either inside or outside of the attachment structure.

Co-location. Co-location shall mean use of a common wireless telecommunications antenna, facility or tower, or common site for more than one wireless license holder or by one wireless license holder for more than one type of communications technology, and/or placement of a wireless telecommunications antenna, facility or tower on a structure owned or operated by a utility or other public entity.

Equipment facility. An equipment facility is any structure used to contain ancillary equipment for a wireless telecommunications antenna, facility or tower that includes cabinets, shelters, a build-out of an existing structure, pedestals, and other similar structures.

FAA. Federal Aviation Administration.

FCC. Federal Communications Commission.

FTA. Federal Telecommunications Act of 1996.

Height. When referring to a wireless telecommunications antenna, facility or tower, height shall mean the distance measured from ground level to the highest point on the antenna, facility or tower, including the antenna array.

Setback. Setback shall mean the required distance from the property line of the parcel on which the wireless telecommunications antenna, facility or tower is located to the support structure.

Support structure. A support structure is a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy wire-support tower and other similar structures. Any device that is used to attach an attached wireless telecommunications antenna, facility or tower to an existing building or structure shall be excluded from the definition of and regulations applicable to support structures.

Temporary wireless telecommunications antenna, facility or tower. A temporary wireless telecommunications antenna, facility or tower shall mean an antenna, facility or tower to be placed in use for 90 or fewer days.

Tower use permit (TUP). A permit issued by the city specifically for the location, construction and use of a wireless telecommunications antenna, facility or tower, subject to an approved set of plans stamped by a professional engineer licensed by the State of Louisiana, and any special conditions determined by the city planner and/or the city engineer to be appropriate under the provision of this ordinance.

Wireless telecommunications. Wireless telecommunications shall mean any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

Wireless telecommunications antenna, facility or tower (WTF). A WTF is any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.

Wireless telecommunications district one. An area situated within the City of Covington that shall include only those areas described in table 512.1 attached hereto and made a part hereof and any areas subsequently added thereto less any areas subsequently deleted therefrom. Attached or WTFs with support structure shall be permitted as provided herein in wireless telecommunication district one. WTFs with support structure shall not be permitted in any area of the city except as set forth in table 512.1.

Wireless telecommunications district two. An area situated within the City of Covington that shall consist of all lands not included in wireless telecommunication district one, excluding land zoned residential. Attached WTFs shall be permitted as set out herein in wireless telecommunication district two. WTFs with support structure shall not be permitted under in this district.

5.1204. Location preferences. The order of preference for siting the equipment associated with wireless telecommunications antenna, facilities and towers shall range from one as the most preferred to four as the least preferred as noted below, and shall include all lands situated within the City of Covington:

1.

On existing or approved towers.

2.

On existing structures such as buildings, water towers and utility poles.

3.

Wireless telecommunications district one (as outlined in table 512.1 of section 5.1205.1).

4.

Wireless telecommunications district two.

5.1205. Performance standards. Construction of all WTFs shall comply with the requirements of the building code of the City of Covington, in addition to the requirements of this section 5.12. Subject to the limitations within the underlying zoning district, wireless telecommunications antenna, facilities and towers will meet the following development criteria:

1.

Height standards. The following height standards shall apply to all wireless communications facility installations:

a.

No attached wireless telecommunications antenna or facility may increase the overall height of any building or structure more than 20 percent or 20 feet whichever is less. However, antennas attached to an existing wireless telecommunications tower may not increase the height of the tower above the maximum allowed.

b.

Wireless telecommunications facilities with support structure shall have a maximum height as set out in table 512.1.

Table 512.1

Wireless Telecommunications District One.

2.

Setback standards. The following setback standards shall apply to all wireless telecommunications antenna, facility and tower installations:

a.

Attached wireless telecommunications antennas or facilities. Antenna arrays for attached wireless telecommunications facilities are exempt from the setback provisions of the zone in which they are located. An attached wireless telecommunications facility antenna array may extend up to 30 inches horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.

b.

Wireless telecommunications facilities with support structures. Wireless telecommunications facilities with support structure shall meet the setback requirements for principle structures of the underlying zones in which they are located.

c.

Fall zone setback.

i.

A fall zone must be constructed around any wireless telecommunications tower equal to 125 percent of the height of the tower. The fall zone does not include public right-of-way, and must be located on property either owned or leased by the applicant, or for which the applicant has obtained an easement, and may not contain any structure other than the associated wireless telecommunications facility. In all cases, the wireless telecommunications tower must meet the underlying setback requirements of the zoning district in which it is located.

ii.

The city may reduce the required fall zone as part of the permitting process, but the city must find that the tower is less visible as a result and that safety is not compromised. Such reduction in the fall zone setback requires submission of a written instrument signed by all adjoining property owners, and duly notarized, agreeing to such modification. In all cases, the wireless telecommunications tower must meet the underlying setback requirements of the zoning district in which it is located.

iii.

Any associated wireless telecommunications facilities must be set back from all property lines in accordance with the minimum setback requirements in the zoning district.

3.

Landscaping and screening. Landscaping is required to enhance compatibility with adjacent land uses. A security fence six feet in height must be erected around the wireless telecommunications tower and/or facility. Landscaping must be installed outside the fencing in accordance with the following:

a.

New construction. New WTFs with support structures and attached WTFs with new building construction shall be landscaped in accordance with the applicable provisions of the section 4.4 minimum landscape requirements and shall include a minimum 15-foot wide buffer planting area around the entire facility. The buffer planting area shall include one Class B tree for every 225 square feet of buffer area and a 70-percent sight obscuring screen of living landscape material.

b.

Land form preservation. Existing mature tree growth and natural ground grade on the site shall be preserved in accordance with the provisions of this zoning ordinance; provided, however, that site vegetation causing interference with the antennas or inhibiting access to the equipment facility may be trimmed or removed and mitigated, by approval of the city planner. Fill for the installation of WTF support structures shall be permitted in accordance with regulations for commercial construction as set out in chapter 5, article III, section 5-60, fill regulations [sections 18-151 through 18-154] of the City of Covington Code of Ordinances.

4.

Lighting and signage.

a.

Artificial Illumination. Wireless telecommunications facilities shall not be artificially illuminated, directly or indirectly, except for:

i.

Security and safety lighting of equipment building if such lighting is appropriately down shielded to keep light within the boundaries of the site; and

ii.

Illumination of the WTF as may be required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) or other applicable authority installed in a manner to minimize impacts on adjacent residences.

iii.

Any rooftop-mounted facility within a half-mile radius of a medical facility with a helipad requires safety lighting.

b.

Signage. Signs for the wireless telecommunications facility are limited to ownership and contact information, FCC antenna registration number (if required), and any other information required by government regulation. Commercial advertising is strictly prohibited.

5.

Additional standards for wireless telecommunications antennas.

a.

Wireless telecommunications antennas do not include satellite dish antennas.

b.

Antennas must be of a color that is identical or similar to the color of the supporting structure to make the antenna visually unobtrusive.

c.

The city may require, at its discretion, additional EME/RF studies once the antennas have been mounted and are in use in order to verify that the MPE has not been exceeded.

6.

Additional standards for wireless telecommunications facilities.

a.

Any wireless telecommunications buildings, cabinets or shelter may house only equipment and supplies for operation of the wireless telecommunication tower. Any equipment not used in direct support of such operation must not be stored on the site. The facility must be unstaffed.

b.

Parking spaces should be provided on each site—One space for single carrier sites and two for multiple carrier sites.

7.

Additional standards for wireless telecommunications towers.

a.

Wireless telecommunications facilities with support structures shall be constructed to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antennas Towers and Antenna Support Structures" (or equivalent), as it may be updated and amended.

b.

Wireless telecommunications towers must be designed to accommodate at least three telecommunications providers. The area surrounding the tower must be of a sufficient size to accommodate accompanying wireless telecommunications facilities for at least three telecommunications providers.

c.

Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration or the city, the towers must have a galvanized silver or gray finish.

d.

To minimize the adverse visual impact of wireless telecommunications towers, such towers will be permitted in the following order of preference for locating new facilities. If lower priority locations are requested, the applicant may be required to provide engineering data certified by the appropriate licensed Louisiana professional, or other information the city deems necessary, that the use of a higher priority location is not technically, or otherwise feasible, and that the requested location is a matter of engineering necessity.

8.

Stealth designs for wireless telecommunications antennas. Stealth design for wireless antenna is encouraged in all districts, and will be reviewed on a case-by-case basis through the WTF review process. All applications must include all information required by this section. In addition to the standards of this section for wireless telecommunications antennas, stealth design must comply with the following regulations:

a.

To qualify as a stealth design, wireless telecommunications antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer.

b.

Antennas must be located on or in structures already permitted within zoning districts, such as water towers, clock towers, penthouses, parapet walls or steeples, and must be designed to blend in to the structure.

c.

Prior to issuance of a building permit, a stamped structural analysis of the proposed antenna support structure prepared by a registered professional engineer licensed in the State of Louisiana, indicating the proposed and future loading capacity of the antenna support structure.

d.

No antenna may increase the overall height of any building or structure on which it is mounted.

5.1206. Application requirements. No person, firm or corporation shall install or construct any WTF unless and until a tower use permit (TUP) has been issued pursuant to the requirements of this ordinance. All applications to erect, construct or modify any part of a wireless telecommunications antenna, facility or tower must include the following items:

1.

Plans showing:

a.

The location, size, screening and design of all buildings and structures, including fences;

b.

The location and size of all outdoor equipment;

c.

A landscape plan showing all screening;

d.

A drainage plan for entire site, including any parking areas;

e.

A building and tower structure foundation plan for new construction;

f.

A stamped structural analysis of existing structures, prepared by a registered professional engineer licensed in the State of Louisiana;

g.

If the site plan is for a new wireless telecommunications tower, indication of the fall zone (shaded circle).

2.

A maintenance plan and any applicable maintenance agreement, designed to ensure long-term, continuance maintenance to a reasonable standard, including maintenance of landscaping, keeping the area free form debris and litter, and immediate removal of any graffiti.

3.

A full disclosure of what is proposed, demonstrating the need for the wireless telecommunications antenna, facility or tower to be located where proposed.

4.

The reason or purpose for the placement, construction or modification, with specific reference to the provider's coverage, capacity and/or quality needs, goals and objectives.

5.

The service area of the proposed wireless telecommunications antenna, facility or tower.

6.

An EME/RF study that documents both the individual carrier's contribution of radiofrequencies (RF) to the environment, and the cumulative effects of all RF sources at the site. The study must document where the "maximum permissible exposure" (MPE) is exceeded.

7.

The nature and extent of the provider/applicant's ownership, easement or lease interest in the property, building or structure upon which the antenna, facility or tower is proposed for placement, construction or modification.

8.

The identity and address of all owners and other persons with real property recorded interests in the property, building or structure upon which the antenna, facility or tower is proposed for placement, construction or modification.

9.

If the proposal is for a new telecommunications tower applicants for are required to submit a statement with the application agreeing to allow co-location of other wireless telecommunications facility users. The statement shall include the applicant's policy regarding co-location of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers. The co-location agreement shall be considered a condition of issuance of a TUP (tower use permit).

10.

Certification by a professional engineer licensed in the State of Louisiana regarding the manner in which the proposed structure will fail. The certification may be utilized, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities.

11.

A visual simulation or rendering of the proposed support structure that illustrates the relationship between the height and the visual appearance of the structure. The city planner may require the visual simulation be provided from two different perspectives and accurately depict the scale of the proposed structure in the context of the surrounding area.

5.1207. Review process.

1.

Permitting procedure: Attached wireless telecommunications facilities without new building construction that meet the development criteria may be permitted by administrative review in all permitted zoning districts except as hereinafter specified. All monopole type wireless telecommunications facilities with support structures that meet the development criteria and that are located on properties in wireless telecommunications district one (listed in table 512.1) may be permitted by administrative review except as hereinafter specified. All others, regardless of type or location shall be subject to the zoning commission process and may not be approved by the administrative review process. Provided, further, that any WTF (attached or with a support structure), regardless of type, to be located within an established historic district or any other established overlay district, will be subject to review by the appropriate district commission and the zoning commission. All WTF applications that do not conform to the development criteria or are otherwise not eligible for administrative review shall be subject to the zoning commission review process.

2.

WTFs as a part of a coordinated development approval: Wireless telecommunications facilities as part of a proposed nonresidential subdivision, planned unit development site plan, conditional use permit, or other coordinated development approval shall be reviewed and approved through those processes.

3.

Temporary WTFs. Temporary wireless telecommunications facilities may be permitted by administrative approval after review by the city engineer, for a term not to exceed 90 days. Once granted, a temporary wireless telecommunications facility permit may be extended for an additional 90 days upon evidence of need by the applicant. In case of emergency (e.g., storm damage to an existing tower or other circumstances resulting in the interruption of existing service) the administrative review shall be expedited to the extent feasible. A limit of one extension may be granted.

5.1208. Approval process.

1.

Application submission. All requests for a tower use permit, including co-location use and attached WTFs, regardless of wireless telecommunications facility type, shall submit an application in accordance with the requirements of section 5.1206.

2.

Administrative review. The following administrative review process shall apply to all wireless telecommunications facility applications eligible for administrative review:

a.

Review authority. The city planner or his/her designee and the city engineer shall, upon filing of a tower use permit application, conduct review of wireless telecommunications facilities under this section.

b.

Review criteria. Each application shall be reviewed for compliance with the development criteria.

c.

Timing of decision. The city planner shall render a decision on the wireless telecommunications facility application by written response to the applicant within a reasonable time after receipt of the completed application and any other required approvals. The city planner may defer administrative approval of wireless telecommunications facilities for any reason. Deferral of administrative approval shall require submission to the zoning commission for review.

d.

Application denial. If administrative approval is not obtained due to noncompliance with the development criteria, the applicant may appeal the denial by applying for zoning commission review.

e.

Application approval. If the TUP application is in compliance with the development criteria and otherwise meets the requirements of this section, the city planner shall issue a tower use permit, unless approval is deferred to the zoning commission.

3.

Zoning commission review. The following shall apply to all tower use permit applications requiring submission to the zoning commission:

a.

Review authority. The zoning commission shall be the review authority for TUP applications not eligible for administrative review or otherwise referred to the Commission.

b.

Notice. Notice of the application and the public hearing by the zoning commission shall be accomplished in the same manner as a conditional use permit under this zoning ordinance.

c.

Hearing. The zoning commission shall review and consider the TUP application at a public hearing. At the hearing, interested persons may appear and offer information in support or opposition to the proposed application. The zoning commission shall consider the following in reaching a decision.

d.

Development criteria variance. The TUP application shall be reviewed for compliance with the development criteria set forth in section 5.11. Provided that the applicable development criteria may be reduced, adjusted or waived, and the approval of the wireless telecommunications facility meets the goals and purposes of the ordinance; the zoning commission may authorize a variance from the development criteria by specific inclusion in a motion for approval.

4.

Tower location conditions. The zoning commission may impose conditions and restrictions on the application or on the premises benefited by the TUP as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the wireless telecommunications facility with the surrounding property, in accordance with the purposes and intent of this ordinance. The violation of any condition shall be grounds for revocation of the TUP. The zoning commission may impose such conditions in addition to the development criteria upon the following findings:

a.

The wireless telecommunications facility would result in significant adverse visual impact on nearby residences.

b.

The conditions are based upon the purpose and goals of this ordinance.

c.

The conditions are reasonable and capable of being accomplished.

5.

Action. Following the public hearing and presentation of evidence, the zoning commission shall take one of the following actions:

a.

Approve the application as submitted;

b.

Approve the application with conditions or modifications;

c.

Defer the application for additional information or neighborhood input; or

d.

Deny the application.

6.

Findings. All decisions rendered by the zoning commission concerning a tower use permit shall be supported by written findings of fact and/or conclusions of law.

7.

Timing of decision. The zoning commission shall conduct a public hearing and render its decision within a reasonable time period after the final submission of all required application documents and technical evaluations.

8.

Appeal. The decision of the zoning commission may be appealed to the city council under the following circumstances:

a.

Only the applicant and those who registered an objection to the TUP in the record of the zoning commission shall have standing to appeal.

b.

Only such evidence or testimony in support of or in opposition to the issuance of the TUP that was provided to the zoning commission may be presented to the city council unless the council, by majority vote, decides to hear new information.

c.

Notice of appeal shall be accomplished by the appellant in the same manner as a conditional use permit under the zoning ordinance.

9.

Historic district review. Should a wireless telecommunication s facility application require review by the historic district commission, such review shall be conducted by said commission in accordance with the procedures for issuance of a certificate of appropriateness. If granted the certificate, the application shall then be reviewed by the zoning commission, in accordance with the procedures contained herein. The zoning commission shall not consider a wireless telecommunications application requiring a certificate of appropriateness unless and until such certificate has been granted by the historic district commission. The historic district commission decisions regarding wireless telecommunications facility applications may be appealed to the city council.

5.1209. Fees.

1.

Application fees. A tower permit fee of $4,000.00 shall be paid to the City of Covington for any and each tower or telecommunications facility constructed up to 150 feet in vertical height. A fee of $10.00 per vertical linear foot above the 150-foot height restriction shall be paid to the City of Covington, not to exceed $6,000.00. Co-location on an existing tower, or shared use facility permit fee, and attached WTF fees shall be $2,000.00 per occurrence.

2.

Change of ownership or change in or addition of lessee, processing fee. A $500.00 change of ownership, or change in or addition of other lessees possessing fee payable by the tower owner or lessee shall be paid to the City of Covington within 30 calendar days of said change.

3.

Annual tower registration fees. Every corporation, person or company owning and maintaining a telecommunications tower in the City of Covington shall pay an annual registration fee of $1,000.00 per carrier to the City of Covington for assignment to the public safety operations of the City of Covington.

4.

Drainage impact fee. A drainage impact fee may be required for the site, and shall be paid at the time of application for permit.

5.

Fee payment. Fees shall be submitted with the application and shall be renewed no later than January 1st of each year. Unpaid fees due and payable no later than January 1 of each year shall be deemed delinquent.

6.

Delinquent fee. A delinquency fee shall be assessed if an applicant becomes delinquent in payment of any fees in this part. At the end of a 15-day grace period, conditions as set forth in section 5.1212 shall apply.

7.

Technical assistance.

a.

In the course of its consideration of an application, the city, the zoning commission or the city council may deem it necessary, in complex situations, to employ an engineer(s) or other consultant(s) qualified in the design and installation of wireless telecommunications facilities to assist the city in the technical aspects of the application. In such cases, any additional reasonable costs incurred by the city shall be reimbursed by the applicant prior to the final city hearing on the TUP.

b.

An applicant shall deposit with the city funds sufficient to reimburse the city for all reasonable costs of consultant and expert evaluation and consultation by the city in connection with the review of any application. The initial deposit shall be established by the city and may be changed within the discretion of the city. These funds shall be deposited at the time of the pre-application meeting and the city will maintain a separate escrow accounting for all such funds. The city's consultants/experts shall bill or invoice the city no more frequently than monthly for its services in reviewing the application and performing its duties. The applicant shall immediately, upon notification by the city, replenish said escrow funding so that it has a balance established by the city and may be changed within the discretion of the city. Such additional escrow funds shall be deposited with the city before any further action or consideration is taken on the application. In the event that the amount held in escrow by the city is more than the amount of the actual billing or invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. All invoices submitted shall be itemized and be public records available for inspection.

c.

The total amount of the funds needed as set forth above may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the city or its consultant/expert to complete the necessary review and analysis. The applicant, as reasonably required and requested by the city, shall pay additional escrow funds. However, notwithstanding any other provisions of this section, if the total amount paid to the consultant exceeds $5,000.00 for a single application, such amount shall be subject to review approval by the city council at the request of the applicant.

5.1210. Abandonment. Any wireless telecommunications tower or facility that is not operated for a period of 12 consecutive months is considered abandoned. The WTF owner must remove the tower or facility, and all aboveground equipment and related debris, within 90 days of removal notice from the city. If the abandoned WTF is not removed the city may ensure and enforce removal by means of its existing regulatory authority, and recover its costs from the WTF owner. If there are two or more users of a single WTF, this provision shall not become effective until all providers cease to use the WTF. If the owner of an abandoned WTF cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the WTF is located.

5.1211. Revocation of tower use permits. Any tower use permit issued pursuant to this ordinance may be revoked after a public hearing in the same manner as a conditional use permit under the zoning ordinance. If the city council finds that any permit holder has violated any provision of this ordinance, or has failed to make good faith reasonable efforts to provide or seek co-location, the city council may revoke the tower use permit (TUP) upon such terms and conditions, if any, that the council may determine. Prior to initiation of revocation proceedings, the city shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed 60 days. The permit holder shall provide the city with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the city council shall convene a public hearing to consider revocation of the tower use permit. At any such hearing, the permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The city council may impose reasonable restrictions with respect to time and procedure. The proceedings shall be recorded; provided, however, the requesting party at the party's expense, if desired, shall provide that stenographic services.

5.1212. Violations. The fine or penalty for violating any provisions of this ordinance shall, upon conviction in the municipal court, not exceed $1,000.00 for any one specified offense or violation; further, that if a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof in violation of this ordinance shall not exceed $1,000.00 for each day that it may be unlawfully continued.

5.1213. Nonconforming wireless telecommunications facilities. Wireless telecommunications facilities in existence on the date of the adoption of this ordinance which do not comply with the requirements of this ordinance (nonconforming wireless telecommunications facilities) are subject to the following provisions:

1.

Expansion. Nonconforming wireless telecommunications facilities may continue in use for the purpose now used, but may not be expanded without complying with this ordinance except as further provided in this section.

2.

Additions. Nonconforming wireless telecommunications facilities may add additional antennas (belonging to the same provider or other providers) subject to administrative review under this ordinance.

3.

Repairs or reconstruction. Nonconforming wireless telecommunications facilities that become damaged due to any reason or cause, may be repaired and restored to former use, location, and physical dimensions subject to the provisions of this ordinance; provided that the damage to the wireless telecommunication s facility does not exceed 50 percent of replacement cost. If damage to said wireless telecommunications facility exceeds 50 percent of the replacement value, it shall only be reconstructed or repaired in compliance with this ordinance.

4.

Any nonconforming wireless telecommunications facility not in use for six months shall be deemed abandoned. All rights as a nonconforming use shall cease at this point.

5.1214. Amateur radio exclusion. This ordinance [section] shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. Such installations shall comply with any other applicable provisions of the zoning code.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)

5.1301. Purpose and intent. The regulations and requirements relating to the height of buildings and structures shall be subject to the following exceptions and additional regulations set forth in this section.

5.1302. The height regulations and requirements as stated in this ordinance shall not apply to:

1.

Churches, schools, hospitals, sanitariums, public and semipublic service buildings and institutions. There shall be no restrictions on the height of such buildings and institutions except in airport approach and transition zones. There shall be no restrictions on the height of such buildings, provided the front, side, and rear yards required in the district in which such building is to be located shall be increased an additional one foot for each foot of height that the building exceeds the maximum height permitted in such districts.

2.

Barns, silos, and other farm structures when located on farms; belfries; cupolas; domes; flagpoles and monuments; water towers; transmission towers; windmills; chimneys; smoke stacks; radio towers; waste and aerial conveyors; fire towers; and oil derricks.

3.

Bulkheads, elevator penthouses; water tanks; cooling towers; scenery lofts; and similar structures, provided that such structure shall cover not more than 25 percent of the total roof area of the building on which such structure is located.

(Ord. No. 2010-30, Exh. 1, 1-4-2011)