(a)

There is hereby created a department in the Town of Delhi to be designated as the zoning department.

(b)

The head of said department of zoning shall be the zoning administrator who shall be appointed by the mayor and approved by the board in accordance with law and who will serve at the pleasure of the mayor and the board.

(c)

The zoning administrator so appointed by the mayor and approved by the board shall have had at least five (5) years experience in a responsible administrative field.

(d)

The zoning department shall be under the supervision and administration of the zoning administrator, whose duties and responsibilities it shall be to coordinate and administer the affairs of the zoning administrator, the planning commission, the board of adjustments and to maintain all official records necessary and incidental and pertaining to the administration of the zoning ordinance [this chapter] and its related bodies.

(e)

The zoning administrator shall be responsible to require that no building or other permit, license, or other document necessary to be approved by the zoning commission, any of which may be subject to the zoning code, shall be issued by any department, agency, or board of this Town of Delhi until he has certified that the use to be made of the permit, license, or other document is in full compliance with the provisions of this chapter.

(f)

All permits and licenses shall be numbered consecutively and filed by year for ready retrieval.

(Ord. No. 552, Ch. III, § 1, 8-11-97; Ord. No. 570, § 2B, 7-10-00)

This chapter is adopted under authority of Sections 4721 through 4732, Title 33, Louisiana Revised Statues of 1950, as amended. The requirements set forth therein as prerequisite to the adoption of a zoning chapter have been fulfilled. It is the intent of this chapter, with the accompanying map, to provide for the harmonious development of the Town of Delhi in accordance with the master plan heretofore made and adopted by the Delhi Planning Commission to lessen congestion in the public streets, secure safety from fire, provide adequate light and air, avoid undue concentration of population, promote health and general welfare and conserve the value of buildings by encouraging the most appropriate use of the land by districting according to the particular suitability of the land for particular purposes, all to create conditions favorable to health, safety, convenience and prosperity.

(Ord. No. 552, Ch. III, § 2, 8-11-97)

This chapter shall apply to all land within the corporate limits of the Town of Delhi as such corporate limits exist or may exist in the future.

(Ord. No. 552, Ch. III, § 3, 8-11-97)

Territory hereafter annexed to the Town of Delhi shall be in the O-L district until and unless changed in accordance with the amendment procedure set forth herein.

(Ord. No. 552, Ch. III, § 4, 8-11-97)

Except as hereinafter provided:

(1)

No land shall be used or occupied, no structure shall be erected, altered, used or occupied, and no use shall be operated unless in conformity with the regulations herein prescribed for the district in which such structure or land is located.

(2)

No structure shall be erected, altered, used, or occupied to exceed the height limits herein established, to have less building site area, or to have narrower or smaller front, side and rear yards than therein prescribed for the district in which the structure is located.

(3)

No part of a yard or other open space required about any structure for the purpose of complying with the provisions of this chapter shall be included as a part of the yard or other open space similarly required for another structure.

(4)

No building site shall be so reduced or diminished that the building site area, yards, or other open spaces shall be smaller than prescribed by this chapter.

(5)

Every structure, other than an accessory structure, hereafter erected, altered, used, or occupied shall have provided and continuously maintained for it a separate building site as herein defined.

(6)

Every use, unless expressly exempted by this chapter, shall be operated entirely within a completely enclosed structure.

(7)

Notwithstanding any other provision of the Delhi Land Use Regulations, the zoning administrator shall be empowered to issue temporary permits for thirty (30) days, sixty (60) days, and/or six (6) months, under such circumstances as are deemed necessary and proper by the zoning administrator, including, but not limited to, allowing a trailer to be placed on property for temporary use while building repairs are being made, and for other such reasons as are deemed necessary and proper by the zoning administrator.

(Ord. No. 552, Ch. III, § 5, 8-11-97; Ord. No. 569, § 2A, 6-12-00)

For the purpose of this chapter certain words and phrases used herein are defined as follows:

Accessory structure. A detached subordinate building located on the same building site with the main building, the use of which is incidental to that of the main building. Detached garage, outdoor advertising system, storage building, etc.

Accessory use. A use customarily incidental to the principal use of a building site or to a building and located upon the same building site with the principal use. Parking lots, open storage activity, etc.

Alley. Any public space or thoroughfare twenty (20) feet or less in width which has been dedicated or deeded for public use.

Alteration. Any structural change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams or girders.

Board. The board of adjustments established by this chapter.

Boarding house. A building where, for compensation and by prearrangement, five (5) or more persons other than occasional or transient customers are provided with meals.

Building. Any covered structure intended for the shelter, housing or enclosure of persons, animals or chattels. The term "building" shall be construed to include the term "structure".

Building site. The land area occupied or to be occupied by a building and its accessory buildings and including such open spaces, yards, minimum area, off-street parking facilities and off-street truck loading facilities as are required by this chapter; every building site shall abut upon a street except as approved by the board of aldermen according to procedures established in section 16.12.350 of this Code.

Building site boundary. Any line separating a building site from a street, an alley, another building site, or any land not part of the building site.

Church. A building, together with its accessory building and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, in maintained and controlled by a religious body organized to sustain public worship.

Clinic, dental or medical. A building in which a group of physicians, dentists, and allied professional assistants are associated for the purpose of carrying on their profession; the clinic may include a dental or medical laboratory but shall not include in-patient care or operating rooms for major surgery.

Dwelling unit. One (1) or more rooms in the same structure, connected together and constituting a separate, independent housekeeping unit for permanent residential occupancy and with facilities for sleeping and cooking.

Dwelling, cluster. A one-family detached dwelling, excluding mobile homes, built in a cluster subdivision according to design specifications in section 16.08.060

Dwelling, condominium. A group of two (2) or more dwellings, similar to an apartment complex or townhouse subdivision providing for joint ownership of the underlying land and physical facilities and for individual ownership of the living spaces within.

Dwelling, one-family. A detached building containing one (1) dwelling unit and used exclusively by one (1) family.

Dwelling, townhouse. One of a series of two (2) or more individually owned, single-family dwellings, excluding mobile homes, attached in a row, distinguished from condominium units by the ownership of the underlying land resting with the dwelling's owner rather than in common ownership.

Dwelling, two-family. A detached building containing two (2) dwelling units and used by two (2) families living independently of each other.

Dwelling, multiple-family. A detached building containing three (3) or more dwelling units and used by three (3) or more families living independently of each other; the term includes apartment house.

Family. One (1) or more persons living together as a single housekeeping unit, which may include not more than four (4) lodgers or boarders.

Gross floor area. The sum of the gross horizontal areas of the several floors of a building, including interior balconies and mezzanines; all horizontal dimensions shall be measured between the exterior faces of walls, including the walls of roofed porches having more than one (1) wall. The gross floor area of a building shall include the floor area of accessory buildings on the same building site, measured the same way.

Home occupations. An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services within the limits imposed on such uses according to section 16.12.170(g).

Hotel. A building containing guest rooms in which lodging is provided, with or without meals, for compensation, and which is open to transient or permanent guests, or both, and where there is either no provision made for cooking in any guest room or provision made for cooking in not more than twenty-five (25) per cent of the guest rooms; the term includes "motel".

Hospital. An institution providing health services, primarily for in-patients, and medical and surgical care of the sick and injured including, as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities, staff offices, and emergency evacuation heliports.

Livestock keeping, raising, or breeding. The keeping, raising, or breeding of any animals, including fowl, of any type or nature whatsoever. However, (1) other than horses, cows, pigs, goats, mules, sheep or predators, keeping less than three (3) of any type of animal for personal comfort and not as a commercial activity or with any expectation of realizing any proceeds or otherwise profiting therefrom; or (2) keeping larger numbers of common household pets such as dogs, cats, hamsters, or caged birds; or (3) the occasional sale of pet offspring; or (4) small animal clinics and kennels shall not be considered livestock keeping, raising, or breeding.

Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the clerk of court of Richland Parish, or a lot described by metes and bounds, the description of which has been recorded in the office of clerk of court of Richland Parish.

Mobile home. Mobile homes, for purposes of this chapter shall be categorized into the following:

Class A: New mobile homes certified as meeting the Mobile Home Construction and Safety Standards of the U. S. Department of Housing and Urban Development and approved as meeting "acceptable similarity" appearance standards in accordance with section 16.12.170(f).

Class B: New mobile homes certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, but not approved as meeting appearance standards.

Class C: All mobile homes not meeting the standards specified above but found by the building inspector to be in good condition.

Class D: Mobile homes found by the building inspector to be in poor condition and un-safe for occupancy.

Mobile home parks. A parcel of land under single ownership, whether public or private, which has been planned and improved for the placement of mobile homes for non-transient use.

Nonconforming structure. A building or part thereof lawfully existing on the effective date of this chapter and which does not conform to all of the regulations of the district in which it is located.

Nonconforming use. A use which lawfully occupied a building or land on the effective date of this chapter and which does not conform to the regulations of the district in which it is located.

Off-premises sign. A permanently placed sign, other than an outdoor general advertising structure, not on the same premises with the establishment it advertises, identifies, or enhances. A sign identifying a planned residential or commercial development according to section 16.08.060 is considered to be an on-premises sign.

On-premises sign. A sign serving to identify or enhance commercial or other establishments which is on the premises of the establishment being served. An on-premises sign is considered to be part and parcel of the use to which it is associated.

Outdoor general advertising structure. A billboard or other off-premises sign larger than thirty-five (35) square feet of sign-face area.

Permitted structure. A structure meeting all the requirements established by this chapter for the district in which the structure is located.

Permitted use. A use meeting all the requirements established by this chapter for the district in which the use is located.

Rooming house. A building, other than a hotel, where for compensation and by prearrangement, five (5) or more persons other than occasional or transient customers are provided with lodging.

Street. A public right-of-way which provides vehicular and pedestrian access to adjacent properties.

Street line. A line or boundary separating the public right-of-way from the land or property adjoining.

Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground including but not limited to in-ground swimming pools, satellite reception antennas, etc. provided, however, that utility poles, fences and freestanding walls shall not be considered to be structures.

Vehicle park, recreational. A parcel (or contiguous parcels) of land divided into two (2) or more lots or spaces for the temporary placement of recreational vehicles. For purposes of this definition, temporary shall mean placement not to exceed one hundred eighty (180) consecutive days.

Vehicle, recreational. A structure which is:

(a)

Built on a single chassis;

(b)

Contains four hundred (400) square feet or less of gross area measured at its largest horizontal projection;

(c)

Designed to be self-propelled or permanently towable by a motorized vehicle; and

(d)

Designed not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Yard, front. An open, unoccupied space on the same building site with a main building, extending the full width of the building site and situated between the street line and the front line of the building projected to the side lines of the building site. The depth of the front yard shall be measured between the front line of the building and the street line.

Yard, rear. An open, unoccupied space on the same building site with a main building, extending the full width of the building site and situated between the rear line of the building site and the rear line of the building projected to the side lines of the building site. The depth of the rear yard shall be measured between the rear line of the building site and the rear line of the building.

Yard, side. An open, unoccupied space on the same building site with a main building, situated between the side line of the building and the adjacent side line of the building site and extending from the rear line of the front yard to the front line of the rear yard; if no front yard is provided, the front boundary of the side yard shall be the front line of the building site and, if no rear yard is provided, the rear boundary of the side yard shall be the rear line of the building site.

(Ord. No. 552, Ch. III, § 6, 8-11-97; Ord. No. 570, § 2C, 7-10-00)

(a)

Types of districts. For the purpose of this chapter the Town of Delhi is hereby divided into the following types of districts:

(1)

Residential districts:

R-1 districts: Single-family residential

R-1H districts: High density single-family residential

R-2 districts: Multi-family residential

(2)

Business districts:

B-1 districts: Transitional business

B-2 districts: General business

B-3 district: Downtown business

(3)

Industrial districts:

I-1 districts: Light to heavy industrial

(4)

Open land districts:

O-L districts: Open land

(b)

Order of restriction. For the purpose of this chapter, these districts shall be ranked with respect to degree of restriction, in descending order of restriction as follows: O-L, R-1, R1-H, R-2, B-1, B-2, B-3, and I-1.

(c)

Zoning map. The districts and the boundaries of such districts are shown upon the zoning map of the Town of Delhi, Louisiana, which map together with all information shown thereon, is hereby made a part of this chapter.

(d)

District boundaries. District boundaries are lot lines, the center lines of streets, alleys, or highways or such lines extended, railway right-of-way lines; the municipal corporation lines as they exist at the time of enactment of this chapter or may exist in the future, or natural boundary lines such as streams.

(e)

Utility lines. Water, electric transmission, sanitary sewer, telephone, and telegraph, storm water drainage, and natural gas lines, regardless of any other provision or regulation appearing in this chapter, shall not be deemed and shall not constitute "uses requiring planned approval" or "special exception uses" in any district insofar as their placement, erection, or construction on dedicated streets, alleys, and public ways is concerned, but on such streets, alleys and public ways, they shall constitute uses by right, and no permit, license or other document of approval for such use(s) shall be required under this chapter.

(Ord. No. 552, Ch. III, § 7, 8-11-97)

These districts are composed mainly of areas containing single-family dwellings and open areas where similar residential development seems likely to occur; few two-family and multiple-family dwellings are found in these areas. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches, and to preserve the openness of the areas by requiring certain minimum yard and area standards to be met.

(a)

Permitted uses. In R-1 districts only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory Use

Dwelling, single-family

Farming and truck gardening (need not be enclosed within structure)

Home occupation

Mobile home Class A only

Name plate, not exceeding one (1) square foot in area (must be attached to the structure)

Park or playground (public) including recreation center (need not be enclosed within structure)

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, water disposal, fire and police protection, and other public facilities, as not causing undue traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located.

Church, including parish house, community house and educational buildings

Fire station

Golf course, but not including commercial miniature courses or commercial driving ranges (need not be enclosed within structure)

Library (public)

Pipe line or electric transmission line (need not be enclosed within structure)

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure)

Water storage (need not be enclosed within structure)

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustments in accordance with the provisions of Article G governing special exceptions:

Art gallery or museum

Cemetery (need not be enclosed within structure)

College or university

Convalescent home

Counseling center

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed with:

(1)

A cyclone or similar type of protective fence sufficient in height and so constructed as to resist scaling by unauthorized persons and obstruct passage of persons or materials, along the entire length of which there shall be a screening material or planted evergreen shrubs or climbing vines adequate to obstruct view and present a pleasing and esthetic appearance; or

(2)

A wall of brick, perforated brick, masonry or other similar material sufficient in eight to obstruct view and passage of persons or materials; or

(3)

With the approval of the planning commission a similarly satisfactory enclosure adequate to meet the above state requirements for the obstruction of view and passage of persons or materials.

Institution for children or the aged

Hospital or sanitarium

Mobile homes, Class B only

Nursery, day care or kindergarten

Respite care facility

School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state

Telephone exchange

Water or sewage pumping station

(b)

Building site area. Except as provided in Article C, the minimum building site area shall be:

For a single-family dwelling .....7,200 sq. ft.

For electric substation, gas regulator station, water or sewage pumping station .....none

For any other permitted use ..... 10,000 sq. ft.

(c)

Building height limit. Except as provided in Article C, no structure shall be erected or altered to exceed thirty-five (35) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimension of yards shall be:

Front Yard .....25 feet

Side yard .....5 feet

Rear Yard .....25 feet

(e)

Yards required for lots smaller than seven thousand two hundred (7,200) square feet. Except as provided in Article C of this chapter, the minimum dimensions of yards [for lots smaller than seven thousand two hundred (7,200) square feet] shall be:

Front Yard .....20 feet

Side Yard .....5 feet

Rear Yard .....15 feet

(Ord. No. 552, Ch. III, § 8, 8-11-97; Ord. No. 570, § 2F, 7-10-00)

These districts are composed mainly of areas containing mostly single-family detached and townhouse residential developments. It is intended to encourage innovative planned residential developments of a higher density than in R-1 zones, while not restricting lower density developments entirely and while maintaining a suitable neighborhood environment for family life. To foster a suitable family environment, the districts require certain minimum yard and area standards, allow certain non-residential uses such as schools and play-grounds, and exclude all commercial uses.

(a)

Permitted uses. In R-1H districts only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use

Dwelling, cluster (according to provisions of section 16.08.060)

Dwelling, single-family

Dwelling, townhouse (according to provisions of section 16.08.060)

Farming and truck gardening (need not be enclosed within structure)

Home occupation

Mobile home—Class A only

Name plate, not exceeding one (1) square foot in area (must be attached to the structure)

Recreation center (publicly owned)

Park or playground (need not be enclosed within structure)

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, water disposal, fire and police protection, and other public facilities, as not causing undue traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located.

Church, including parish house, community house and educational buildings

Fire station

Golf course, but not including commercial miniature courses or commercial driving ranges (need not be enclosed within structure)

Library (public)

Pipe line or electric transmission line (need not be enclosed within structure)

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure)

Water storage (need not be enclosed within structure)

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustments in accordance with the provisions of Article G governing special exceptions:

Art gallery or museum

Cemetery (need not be enclosed within structure)

College or university

Convalescent home

Counseling center

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed with:

(1)

A cyclone or similar type of protective fence sufficient in height and so constructed as to resist scaling by unauthorized persons and obstruct passage of persons or materials, along the entire length of which there shall be a screening material or planted evergreen shrubs or climbing vines adequate to obstruct view and present a pleasing and esthetic appearance; or

(2)

A wall of brick, perforated brick, masonry or other similar material sufficient in eight to obstruct view and passage of persons or materials; or

(3)

With the approval of the planning commission a similarly satisfactory enclosure adequate to meet the above state requirements for the obstruction of view and passage of persons or materials.

Institution for children or the aged

Hospital or sanitarium

Mobile homes, Class B only

Nursery, day care or kindergarten

Respite care facility

School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state

Telephone exchange

Water or sewage pumping station

(b)

Building site area. Except as provided in Article C, the minimum building site area shall be:

For a single-family dwelling .....7,200 sq. ft.

For electric substation, gas regulator station, water or sewage pumping station .....none

For any other permitted use .....  10,000 sq. ft.

(c)

Building height limit. Except as provided in Article C, no structure shall be erected or altered to exceed thirty-five (35) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimension of yards shall be:

Front yard .....25 feet

Side yard .....5 feet

Rear yard .....25 feet

(Ord. No. 552, Ch. III, § 9, 8-11-97)

These districts are composed mainly of areas containing a mixture of single-family, two-family, and multiple-family dwellings; in many of them there is evident a trend toward increased population density through conversion of large houses into duplexes or apartments and through use of remaining vacant land for apartment buildings. The district regulations are designed to protect the residential character of the areas by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as school and churches; to prevent overcrowding of the land by requiring certain minimum building site areas for dwelling units.

(a)

Permitted uses. In R-2 Districts. Only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use

Dwelling, cluster (according to section 16.08.060)

Dwelling, condominium (according to section 16.08.060)

Dwelling, multi-family

Dwelling, single-family

Dwelling, townhouse (according to section 16.08.060)

Dwelling, town-family

Farming and truck gardening (need not be enclosed within structure)

Home occupation

Mobile homes, Class A and B only

Mobile home parks (must conform to Chapter 16.16)

Name plate, not exceeding one (1) square foot in area (need not be enclosed within structure)

Park or playground (public) including recreation center (need not be enclosed within structure)

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational buildings

Fire station

Golf course, but not including commercial miniature courses or commercial driving ranges (need not be enclosed within structure)

Library (public)

Pipe line or electric transmission line (need not be enclosed within structure)

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure)

Water storage (need not be enclosed within structure)

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to the approval of the board of adjustments in accordance with the provisions of Article G governing special exceptions:

Art gallery or museum

Cemetery (need not be enclosed within structure)

College or university

Convalescent home

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed with:

(1)

A cyclone or similar type of protective fence sufficient in height and so constructed as to resist scaling by unauthorized persons and obstruct passage of persons or materials, along the entire length of which there shall be a screening material or planted evergreen shrubs or climbing vines adequate to obstruct view and present a present a pleasing and esthetic appearance; or

(2)

A wall of brick, perforated brick, masonry or other similar material sufficient in height to obstruct view and passage of persons or materials; or

(3)

With the approval of the planning commission a similarly satisfactory enclosure adequate to meet the above state requirements for the obstruction of view and passage of persons or materials.

Hospital or sanitarium

Institution for children or the aged

Mobile homes, Class C only

Nursery, day care, or kindergarten

Respite care facility

School, elementary and/or secondary, meeting all requirements of the compulsory education laws of the state

Telephone exchange

Water or sewerage pumping station

(b)

Building site area. Except as provided in Article C, the minimum building site area shall be:

For a single or two-family dwelling .....7,200 sq. ft.

For a multiple-family dwelling:

• First two (2) dwelling units .....7,200 sq. ft.

• Each additional dwelling unit .....2,000 sq. ft.

For electric regulator, gas regulator, water or sewage pumping station .....none

For other permitted use .....  10,000 sq. ft.

(c)

Building height limit. Except as provided in Article C no structure shall be erected or altered to exceed forty-five (45) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimensions of yards shall be:

Front yard .....20 ft.

Side yard .....5 ft.

Rear yard .....20 ft.

(Ord. No. 552, Ch. III, § 10, 8-11-97)

These districts are composed of land and structures occupied by or suitable for such uses as dwellings, offices, studios, some retail goods and services to satisfy the daily household needs of the surrounding residential neighborhoods. Although usually located between residential areas and the main business areas, these districts are in some instances freestanding in residential areas. The district regulations are designed to permit the development of the districts for their purpose and to protect the abutting and surrounding residential areas by requiring certain minimum yard and area standards to be met, standards that are comparable to those called for in the residential districts. The construction of new residences in these districts, while permitted, is not encouraged.

(a)

Permitted uses. In the B-1 district only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use

Altering and repairing of wearing apparel

Antique shop

Apparel and accessory store

Apothecary (limited to the sale of pharmaceuticals and medical supplies)

Art gallery or museum

Automobile filling station under the following limitations:

• Its primary function is the retail sale of gasoline, oil, grease, tires, batteries and accessories

• Services are limited to installation of items sold, washing, polishing and greasing

• Vehicles in queue for repair and fuel pumps need not be enclosed within structure.

Bakery, retail

Bank

Barber shop or beauty shop

Book store

Camera and photographic supplies store

Candy, nut and confectionery store

Catering shop

Clinic, dental or medical

Club or lodge (private) not including one the chief activity of which is a service customarily carried on as a business

College or university

Convalescent home

Counseling center

Dwelling, cluster (according to provisions of section 16.08.060)

Dwelling, condominium (according to provisions of section 16.08.060)

Dwelling multiple-family

Dwelling single-family

Dwelling, townhouse (according to provisions of section 16.08.060)

Dwelling two-family

Dairy products sales

Delicatessen

Drug store

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed within:

(1)

A cyclone or similar type of protective fence sufficient in height and so constructed as to resist scaling by unauthorized persons and obstruct passage of persons or materials, along the entire length and width and shall be a screening material or planted evergreen shrubs, or climbing vines adequate to obstruct view and present a pleasing and esthetic appearance;

(2)

A wall of brick, perforated brick, masonry, or other similar material sufficient in height to obstruct view and passage of persons or materials; or

(3)

With the approval of the planning commission, a similar satisfactory enclosure adequate to meet the above stated requirements for the obstruction of view and passage of persons or material.

Fire station

Fix-it-shop

Garden supplies store, handling packaged fertilizer and no other types of fertilizer

Gift shop

Grocery store, retail

Hospital or sanitarium

Institution for children or the aged

Hardware store, retail

Hobby supply store

Home occupation

Ice cream store

Interior decoration shop

Jewelry store

Laundry, self-service only

Laundry and/or dry cleaning pick-up station

Library or reading room

Mobile home, Class A and B only

Nursery, day care or kindergarten

Office

Optician

Park or playground (public) including recreation centers

Post office

Radio and television broadcasting studio

Reducing salon

Retail auto parts store, excluding all mechanical operation

Restaurant

Respite care facility

Shoe store, retail

Sporting goods store, retail

Studio for professional work or teaching of any form of fine arts, photography, music, drama, dance

Telephone exchange (not including shops and garages)

Toy store

Water storage (need not be enclosed within structure)

Water or sewage pumping station

YMCA, YWCA and similar institutions

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational building

College fraternity or sorority house

Mobile home parks (must conform to Chapter 16.16)

Pet shop

Pipe line or electric transmission line (need not be enclosed within structure)

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure)

Small animal clinic

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustments in accordance with the provisions of Article G governing special exceptions:

Crickets: Production and wholesale distribution only

Liquor sales (not to be consumed on premises)

Marine store

Mobile home, Class C only

Auto laundry, self-service only (not to include mechanically operated rotating brushes, all waste water must be discharged into a sewer)

(b)

Building site area. Except as provided in Article C, the minimum building site area shall be:

For a single or two-family dwelling .....7,200 sq. ft.

For a multi-family dwelling:

• First two dwelling units .....7,200 sq. ft.

• For each additional unit .....2,000 sq. ft.

For electric regulator, gas regulator, water, or sewage pumping station .....none

For other permitted uses .....7,200 sq. ft.

(c)

Building height limit. Except as provided in Article C, no structure shall be erected or altered to exceed thirty-five (35) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimensions of yards shall be:

Front yard .....25 feet

Side yard .....5 feet

Rear yard .....20 feet

(Ord. No. 552, Ch. III, § 11, 8-11-97)

These districts are composed of land and structures occupied by or suitable for furnishing the range of retail goods and services required by the residents of the Town of Delhi and its trade area. The district regulations are designed to permit the development of the districts for their purpose subject to limitations designed to prevent congestion of the area that would result from over-intensive development. It is intended that additional general business districts will be created in accordance with the amendment procedures set forth herein as they are needed to serve new neighborhoods. To insure that such districts that are created are actually developed to supply the business needs of the Town of Delhi and its neighborhoods, the amendment creating the district may set a time limit for its development.

(a)

Permitted uses. In the B-2 Districts. Only the following uses are permitted.

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use

Air conditioning sales and service

Ambulance service

Amusement, commercial

Golf driving range (need not be enclosed within structure)

Antique store

Apparel and accessory store

Appliance store

Apothecary (limited to the sale of pharmaceuticals and medical supplies)

Armory

Art gallery or museum

Auditorium

Automobile and truck sales, rentals and/or repair, as follows:

• Not including commercial wrecking, dismantling, or auto salvage

• Vehicle stock need not be enclosed within structure

Automobile filling station, under the following limitations:

• Its primary function is the retail sale of gasoline, oil, grease, tires, batteries and accessories

• Services are limited to installation of items sold, washing, polishing and greasing

• Vehicles in queue for service and fuel pumps need not be enclosed within structure.

Automobile filling station and/or repair:

• Not including commercial wrecking, dismantling, or auto salvage

• Vehicles in queue for repair need not be enclosed in a structure

Automobile laundry, under the following limitations:

• The primary function is washing automobiles

• Retail sale of accessories, tires, and batteries is a secondary function only

• Services are limited to installation of items sold

• Operations shall be conducted only within a completely enclosed structure

• All wastes shall be discharged into the sewer

Automobile storage (commercial) (need not be enclosed within structure)

Bait store or sales (live bait) (need not be enclosed within structure)

Bakery, retail

Bakery, wholesale

Bank

Barber shop or beauty shop

Barber and beauty supplies and equipment sales

Beverage manufacture (not including alcoholic)

Bicycle and/or lawn mower sales and repair

Bingo parlor (state regulated) blueprinting and photostating

Boat body repair (non-metal)

Book store

Building specialties store

Business machines store

Business college

Cabinet or carpenter shop

Camera and photographic supplies store

Candy, nut and confectionery store

Canvas products manufacture

Catering shop

Town hall, police station, court house, federal building

Clinic, dental or medical

Club or lodge (private)

Convalescent home

Cosmetic (compounding only)

Creamery

Dairy equipment sales

Dairy products sales

Delicatessen

Department store limited to sale of items which may be sold by any other use permitted in this district

Drug store

Dry cleaning with noninflammable cleaning agents only

Dry goods store

Dry goods, wholesale

Electric repair shop

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed with:

(1)

A cyclone or similar type of protective fence sufficient in height and so constructed as to resist scaling by unauthorized persons and obstruct passage of persons or materials, along the entire length of which there shall be a screening material or planted evergreen shrubs or climbing vines adequate to obstruct view and present a pleasing and esthetic appearance; or

(2)

A wall of brick or perforated brick, masonry or other similar material sufficient in height to obstruct view and passage of persons or materials; or

(3)

With the approval of the planning commission a similarly satisfactory enclosure adequate to meet the above stated requirements for the obstruction of view and passage of persons or materials.

Exterminators

Farm equipment and supplies sales (need not be enclosed within structure)

Food store

Fire station

Fix-it shop

Fixture sales

Floor covering sales

Floral shop

Food locker plant renting only individual lockers for home customer storage of food, cutting and packaging of meats and game permitted but not including and slaughtering or eviscerating thereof

Food products, wholesale storage and sales

Fruit and produce, wholesale

Fruit store

Funeral home, mortuary or undertaking establishment

Furniture repair and upholstering

Furniture store, retail

Fur dyeing, finishing and storage, no tanning

Garden supplies store, handling packaged fertilizer and no other types of fertilizer

Gift shop

Glass store

Grocery store, retail

Gymnasium, commercial

Hardware store, retail

Hardware, wholesale storage and sales

Hobby supply store

Hospital or sanitarium

Hotel, motel, tourist home all for transient occupancy, not more than ten (10) percent of the gross floor area may be used for apartments for permanent occupancy

Ice cream manufacture

Ice cream store

Institution for children or the aged

Interior decorating shop

Jewelry store

Laboratory, dental or medical

Landscape garden sales (need not be enclosed within structure)

Laundry

Laundry, linen or diaper service and/or uniform service

Leather or luggage store

Library or reading room

Liquor sales (not to be consumed on premises)

Liquor sales (for consumption on premises)

Loan office

Locksmith

Machinery, tools and construction equipment, sales and service (need not be enclosed within structure) marine store

Motorcycle sales and service

Music store

Miniature golf course

Mini-warehouses (as regulated in section 16.12.230)

Newsstand

Nursery, day care or kindergarten

Off-premises sign

Office

Office equipment and supplies, retail

Optician

Outdoor general advertising structure (need not be enclosed within structure)

Paint and wallpaper store

Painting and decorating contractor

Paper supplies, wholesale

Passenger depot, railway or bus

Pawn shop

Pet store

Photographic studio and/or processing

Picture framing and/or mirror silvering

Plumbing shop

Police substation

Post office

Printing, publishing and allied industries

Radio and television broadcasting studio

Radio and television store and repair shop

Recreation vehicle sales (need not be enclosed within structure) reducing salon

Restaurant

Restaurant, drive-in (need not be enclosed within structure)

Restaurant supplies sales

Rooming house and boarding house

Rug cleaning

Seafood store, retail

Seed store

Shoe repair shop

Shoe store, retail

Shoe store, wholesale

Sign shop

Small animal clinic and kennels

Small engine repair

Sporting goods store, wholesale or retail

Stone monument sales, retail (need not be enclosed within structure)

Studio for professional work or teaching or any form of fine arts, photography, music, drama, dance

Surgical or dental supplies store

Tailor shop

Telephone exchanges (including shops and garages)

Theater, indoor

Tile shop

Tire shop

Tobacco store

Tobacco, wholesale

Toy store

Mobile home sales (need not be enclosed within structure)

Variety store

Vegetable store

Vending machines operations

Venetian blind and metal awning fabrication and cleaning

Vulcanizing shop

Water distillation

Water storage (need not be enclosed within structure)

Water or sewage pumping station

YMCA, YWCA and similar institutions

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational buildings

Pipe line or electric transmission line (need not be enclosed within structure)

Fair grounds

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure)

Revival church (temporary) as a temporary use on permit issued by the zoning administrator, such permit to be good for a period not exceeding one week and renewal for not more than three such periods.

Taxidermy, subject to the following conditions:

1.

All specimens and skins must be kept in a frozen state in a deep freeze or appropriate freezing unit until ready for mounting or skinning.

2.

All skins will be kept in a frozen state until mounting in an appropriate freezing unit or freezing locker.

3.

All carcasses will be placed in plastic bags and kept in a frozen state in a deep freeze or appropriate freezing state in a deep freeze or appropriate freezing unit until they are disposed of.

4.

All carcasses will be removed from the premises by the owner of the business and disposed of in the parish dump.

5.

No meal worms will be used to demeat a carcass on the premises.

6.

Ant beds will not be utilized on the premises to demeat the carcass.

7.

No open crock liquid tanning of skins will be allowed on premises.

8.

Formaldehyde liquids used to inject the wings of birds will be kept in closed containers.

9.

There will be no offensive odors allowed within the premises as would be emitted by deteriorating skins or carcasses.

10.

No combustible solution such as paint thinner will be kept except in an appropriate manner acceptable to the fire marshall.

11.

All waste products which would decompose or be offensive in odor will not be placed in the garbage cans or disposed of in any other unsanitary manner. Removal of these waste products would be the responsibility of the owner.

12.

Noise from tools such as drills, sanders or saws would be kept in an acceptable low level.

13.

Polyurethane forms or forms of similar types will be used as much as possible in mounting of animals.

14.

The business will be kept in a sanitary manner that is acceptable within a B-3 district.

Theater, outdoor (need not be enclosed within structure)

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustments in accordance with the provisions of Article G governing special exceptions:

Automobile and truck body repair under the following limitations:

• Not including commercial wrecking, dismantling, or auto salvage

• Must be equipped with professionally manufactured paint rooms approved by the state fire marshal

• Vehicles in queue for repair must be obscured from view by a solid fence

Boat body repair (metal and non-metal)

Truck stop (as defined by state law)

Truck wash

(b)

Building site area. There is no minimum building site area.

(c)

Building height limit. Except as provided in Article C, no structure shall be erected or altered to exceed one hundred (100) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimensions of yards shall be:

Front yards .....20 feet

Side yards .....none

Rear yards .....10 feet

(Ord. No. 552, Ch. III, § 12, 8-11-97; Ord. No. 570, § 2D, 7-10-00)

This district is composed of land and structures occupied by or suitable for furnishing a range of retail goods, entertainment, cultural, and personal services required by the residents of the Town of Delhi and its greater trade area. The intent of the district's regulations is to encourage the close association of compatible and mutually beneficial uses and structures which (1) encourages preservation of the district's unique character, (2) promotes pedestrian oriented traffic patterns, (3) invites patrons from beyond the district's boundaries, (4) discourages uses and structures deemed harmful to the overall prosperity of the district's residents and businesses, and (5) otherwise seeks to accomplish the goals of the comprehensive plan as adopted by the Town of Delhi, including any amendments to said plan as may be from time to time adopted.

(a)

Permitted uses: In the downtown development district, only the following uses are allowed, subject to the limitations of subsections (b) and (c) of this section.

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified.

(A)

Higher-level pedestrian attractors:

Amusements, commercial (indoor)

Antique store

Apparel and accessory store

Appliance store

Apothecary (limited to the sale of pharmaceuticals and medical supplies)

Art gallery or museum

Bakery, retail

Barber shop or beauty shop

Book store

Camera and photographic supplies store

Candy, nut and confectionery store

Dairy products sales (retail)

Delicatessen

Department store (limited to sale of items which may be sold by any other use permitted in this district)

Drug store

Dry goods store

Food vendor (on street, licensed)

Furniture store, retail

Gift shop

Grocery store, retail

Hardware store, retail

Health food store

Hobby supply store hotel, motel, tourist home (for transient occupancy)

Ice cream store

Jewelry store

Laundry and/or dry cleaning pick-up station

Music store

News stand

Office equipment and supplies, retail

Park or playground, public

Passenger depot, railway or bus

Pet store

Picture framing

Post office or parcel service

Radio and television store and repair shop

Record shop

Restaurant

Shoe store, retail

Sporting goods store (retail)

Theater, indoor

Tobacco store

Town hall, court house, federal building, post office

Toy store

Variety store

(B)

Lower-level pedestrian attractors:

Auditorium

Bank

Catering shop

Clinic, dental or medical

Club or lodge (private) day care facility for children

Dwelling, single-family

Dwelling, two-family

Dwelling, multiple-family

Dwelling, condominium

Floral shop

Home occupation

Interior decorating service

Library or reading room

Loan office

Office

Optician

Police substation

Printing, publishing and duplicating

Radio and television broadcasting studio

Recording studio

Reducing salon

Shoe repair shop

Studio for professional work or teaching of any form of fine arts, photography, music, drama, dance

Tailor shop

Telephone exchange but not including shops or garages

Water or sewage pumping station

YMCA, YWCA and similar institutions

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of location and site plan by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational buildings

Pipe line or electric transmission line (need not be enclosed within structure)

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure)

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess unique or special characteristics that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustments in accordance with the provisions of Article G governing special exceptions:

Accessory use

Liquor sales

Business incubator (includes small manufacturing or assembly operations not exceeding 1200 square feet in size)

Fee-charged parking lots (privately owned)

Furniture refinishing, repair, re-upholstery

Recreational vehicle park

Small business development center

(b)

Building site area requirements:

(1)

Building site area. The minimum building site area shall be three thousand (3,000) square feet.

(2)

Building height limit. Except as provided in these regulations, no structure shall be erected or altered to exceed one hundred (100) feet in height.

(3)

Yards required. Except as provided in sub-sections (d)(2)(B)(ii) and (d)(2)(F), below, no yards are required.

(4)

Parking. The requirements of section 16.12.280 concerning required off-street parking are waived in the downtown development district.

(c)

District use regulations.

(1)

Purpose. The placement of higher-level pedestrian attractors are encouraged to be situated on ground-floor levels adjacent to pedestrian traffic areas to enhance the district as a healthy retail and personal service district.

(2)

Standards.

(A)

At least twenty-five (25) percent of the gross floor area of any building and at least fifty (50) percent of the gross ground-level floor space shall be devoted exclusively to higher-level pedestrian attractors listed in sub-section (1)(a) of this section.

(B)

The fifty (50) percent mandatory ground floor requirement described above shall be provided on the side or sides of the building closest to the street, the depth and width of this measured space being as nearly equal as the building's proportions will allow.

(3)

Compliance. Notwithstanding the provisions of section 16.12.300, district use regulations in this section shall apply to all new construction, and to any re-establishment of any non-conforming use in any existing building if such non-conforming use has been abandoned or discontinued for any period of time, regardless of duration. Change of ownership alone shall not constitute abandonment or discontinuance.

(d)

District structural regulations.

(1)

Purpose.

(A)

Blank walls on the ground-floor level are limited:

i.

To encourage continuity of retail and consumer service uses;

ii.

To encourage retail and commercial activities at street level;

iii.

To provide a pleasant, rich, and diverse experience for pedestrians by visually connecting activities occurring within a structure to adjacent sidewalk areas;

iv.

To enhance crime prevention by increasing opportunities for surveillance of the street from the interiors of buildings and vice versa;

v.

To restrict unpleasant, blank-wall facades at the street level; and

vi.

To avoid a monotonous environment.

(B)

Building setbacks, shapes, and bulk are regulated to encourage a harmonious association of compatible buildings.

(2)

Standards.

(A)

Transparency requirements.

i.

At least fifty (50) percent of the length and at least twenty-five (25) percent of the area of ground level exterior walls abutting sidewalks, plazas, or other public open spaces or rights-of-way must be devoted to windows affording views into retail, office, or lobby space, pedestrian entrances, or retail display windows.

ii.

This limitation on blank walls does not apply to sides of buildings having residential units located adjacent to the exterior ground-floor wall.

iii.

Buildings having less than fifty (50) percent of their ground-level floor area in retail, office, or lobby use:

(I)

Where a building contains other active uses found by the planning commission to be of visual interest to the pedestrian, windows affording views of that active use may be provided as an alternative to sub-section (2)(A)(i), above. Examples of such uses are pressrooms, classrooms, kitchens, or manufacturing processes. Parking areas, truck loading areas, vehicular access ways, and storage areas are not to be considered active uses.

(II)

Artwork such as murals or reliefs may be substituted to meet the requirements of subsection (2)(A)(i), above, if the proposed artwork is found by the planning commission to meet the intent of this section. Artwork and displays relating to activities occurring within the building or historical subjects relating to the downtown area are encouraged.

(B)

Building setback limitations.

i.

Along a street or pedestrian right-of-way, building walls must extend to the right-of-way line for at least seventy-five (75) percent of said line.

ii.

As an alternative to (B)(i), walls may extend to within twelve (12) feet of said line with the remaining space between the building and line designed as an extension of the sidewalk and committed to active uses including but not limited to sidewalk cafes, vendors' stands, public art, or pedestrian rest areas with street furniture.

iii.

Alleys unusable by the public for pedestrian access may not be created between buildings.

(C)

Exterior design compatibility (existing development).

i.

Every reasonable effort shall be made to provide a compatible use for an existing building which requires minimal alteration of the building, structure, or site and its intended purpose.

ii.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

iii.

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier or later appearance shall be discouraged.

iv.

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

v.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

vi.

Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

vii.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

viii.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

ix.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

x.

Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(D)

New development or additions. Any new or existing building, structure, and appurtenances thereof, that is moved, reconstructed, materially altered, or expanded shall be visually compatible with buildings, public ways, and places to which it is visually related in terms of the following characteristics:

i.

Its height; the relationship of width to height of its elevation; the relationship of width to height of its windows; the number, frequency and intervals of its windows, doors, and other appurtenances; the relationship of solids to voids on its exterior facades;

ii.

Its relationship to any open space between it and adjoining buildings or structures; the relationship of its entrances and other projections to sidewalks, the relationships of the materials, textures, and colors of its facade;

iii.

The shape of its roof line; the bulk and arrangement of associated walls, fences, landscape masses, entry ways, signs, awnings, porches, and balconies; and

iv.

Its directional orientation, whether this be vertical, horizontal, or nondirectional.

(E)

Balconies and awnings. Only cloth or metal awnings, or cloth banners shall project into rights-of-way, alleys, or other public access ways; however, the planning commission may approve balconies that encroach into public rights-of-way provided the design of such balcony does not violate the requirements of subsection (d)(2)(C) of this section.

(3)

Compliance.

(A)

Notwithstanding the requirements of section 16.12.310, district structural regulations in this section shall apply to all new construction and all major remodeling projects in the downtown development district.

(B)

A major remodeling project is any remodeling or reconstruction where the building floor area is being increased by fifteen (15) percent or more or when the cost of the remodeling is greater than fifty (50) percent of the fair market value of the existing improvements on the site (fair market value for purposes of this provision being defined as that value used to calculate the assessed value of the site on the assessment rolls of the Town of Delhi for the most recent year).

(C)

Multiple remodeling projects undertaken over a period of five (5) years or less where the cumulative effect is to accomplish a major remodeling shall be considered a major remodeling project for purposes of this section.

(Ord. No. 552, Ch. III, § 13, 8-11-97; Ord. No. 569, § 2B, 6-12-00)

These districts are composed of land and structures used for manufacturing or wholesaling, or suitable for such uses, where the use and its operation do not directly adversely affect nearby residential and commercial uses. These districts are usually separated from residential areas by commercial areas or by natural barriers. The district regulations are designed to allow a wide range of industrial activities subject to limitations designed to protect nearby residential and commercial districts.

(a)

Permitted uses. In the I-1 Districts. Only the following uses are permitted:

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Abrasive manufacture

Accessory use

Acetylene gas manufacture and/or storage

Air conditioning sales and service

Air products manufacture

Airport and/or dusting service (need not be enclosed within structure)

Alcohol distillation and/or storage

Ammonia bleaching powder and chlorine manufacture

Armory

Automobile and truck sales, rentals and/or repair, as follows:

• Not including commercial wrecking, dismantling, or auto salvage;

• Vehicle stock need not be enclosed within structure.

Automobile filling station, under the following limitations:

• Its primary function is the retail sale of gasoline, oil, grease, tires, batteries and accessories;

• Services are limited to installation of items sold, washing, polishing and greasing;

• Vehicles in queue for service and fuel pumps need not be enclosed within structure.

Automobile filling station and/or repair:

• Not including commercial wrecking, dismantling, or auto salvage;

• Vehicles in queue for repair need not be enclosed in a structure.

Automobile and truck laundry, under the following limitations:

• The primary function is washing automobiles;

• Retail sale of accessories, tires, and batteries is a secondary function only;

• Services are limited to installation of items sold;

• Operations shall be conducted only within a completely enclosed structure;

• All wastes shall be discharged into the sewer.

Automobile storage (commercial) (need not be enclosed within structure)

Automobile and truck body repair under the following limitations:

• Not including commercial wrecking, dismantling, or auto salvage;

• Must be equipped with professionally manufactured paint rooms approved by the state fire marshal.

Aviary (need not be enclosed within structure)

Bakery, wholesale

Battery manufacture

Beverage manufacture (not including alcoholic)

Boat body repair (metal and/or non-metal)

Boiler or tank works

Brooms and brushes manufacture

Brewery

Canvas products manufacture

Carnival or circus, as a temporary use on permit issued by the zoning administrator, such permit to be good for a period not exceeding three (3) days and renewal for not more than three (3) periods; need not be enclosed within structure

Carting, express, crating, hauling and storage

Caustic soda manufacture

Celluloid manufacture

Clothing manufacture

Chemicals (heavy or industrial) manufacture and/or processing

Coffee roasting

Cold storage plant

Concrete and concrete products manufacture (need not be enclosed within structure)

Contractors, storage yard for vehicles, equipment, materials, and/or supplies (need not be enclosed within structure)

Cosmetics (compounding only)

Cotton compress

Cotton ginning and bailing

Creamery

Dairy equipment sales

Diesel engine repair

Detergents, soaps, and by-products using animal fat manufacture

Disinfectant, insecticide, or poison manufacture

Dog pound (need not be enclosed within structure)

Drug manufacture

Dry cleaning

Dry dock

Dry goods, wholesale

Dyestuff manufacture

Electric repair shop

Electric power generating station

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed with:

(1)

A cyclone or similar type of protective fence sufficient in height and so constructed as to resist sealing by unauthorized persons and obstruct passage of persons and materials, along the entire length of which there shall be a screening material or planted evergreen shrubs or climbing vines adequate to obstruct view and present a pleasing and esthetic appearance; or

(2)

A wall of brick, perforated brick, masonry or other similar material sufficient in height to obstruct view and passage of persons or materials; or

(3)

With the approval of the planning commission a similarly satisfactory enclosure adequate to meet the above state requirements for the obstruction of view and passage of persons or materials.

Electroplating

Elevator maintenance service

Farm equipment and supplies sales (need not be enclosed within structure)

Felt manufacture

Food store

Fire station

Fixture sales

Food locker plant renting only individual lockers for home customer storage of food; cutting and packaging of meats and game permitted but not including any slaughter or eviscerating thereof

Food products, manufacture

Food products, wholesale storage sales

Foundry

Freight depot, railway and/or truck

Frozen food plant

Fruit and produce wholesale

Fungicides manufacture

Fur dyeing, finishing and storage (no tanning)

Glass manufacture

Glass products manufacture (from glass stock)

Grain drying or feed manufacture from refuse, mash or grain

Grain milling, storage and elevators

Graphic manufacture

Hair products manufacture or processing

Hardware, wholesale storage and sales

Hardware manufacture

Hatchery

Hosiery mill

Ice cream manufacture

Ice manufacture

Incinerator

Insulation manufacture or fabrication

Laboratory

Laundry

Laundry, linen supply or diaper service

Linoleum manufacture

Livestock keeping, raising, or breeding

Lumber yard and building materials (need not be enclosed within structure)

Machine shop

Machinery, tools and construction equipment, sales and service (need not be enclosed within structure)

Mail order house

Mattress manufacturing and rebuilding

Metal sharpening

Metal products fabrication

Millinery manufacture

Millwork and similar wood products manufacture

Novelty and souvenir manufacture

Off-premises sign

Office

Office equipment and supplies manufacture

Oil well supplies and machinery (need not be enclosed within structure)

Oils and fats (animal and vegetable manufacture)

Outdoor general advertising structure (need not be enclosed within structure)

Packing and gasket manufacture

Painting and decorating contractor

Paints, pigments, enamels, japan dryer, lacquers, putty, varnishes, whiting, and wood filler manufacture or fabrication

Paper products manufacture

Paper, pulp, cellulose and rayon manufacture

Paper supplies, wholesale

Passenger depot, railway or bus

Pipe storage (need not be enclosed within structure)

Plastic fabrication

Plastic manufacture

Plumbing shop

Potash shop

Poultry (live) storage and/or dressing

Printing, publishing and allied industries

Printing inks manufacture and fabrication

Radio and television broadcasting transmitter

Railroad facilities, except shops (need not be enclosed within structure)

Restaurant supplies and sales

Revival church (temporary) as a temporary use on permit issued by the zoning administrator, such permit to be good for a period not exceeding one week and renewal for not more than three such periods

Riding academy (need not be enclosed within structure)

Rock crusher

Roofing and gravel storage (need not be enclosed within structure)

Roofing and sheetmetal shop

Rug cleaning

Sand and gravel storage yard (need not be enclosed within structure)

Sawmill and planing mill

Seed store

Sewage disposal plant

Shoe store, wholesale

Shoe manufacture

Sign shop

Small animal clinic and kennels

Small engine repair

Soda and washing compound manufacture

Sporting goods store, wholesale

Stone cutting

Sugars and starches manufacture

Syrup manufacture

Tar distillation or manufacture

Taxidermist

Telephone exchange (including shops and garages)

Toy manufacture

Tool manufacture

Trailer manufacture

Trailer sales (need not be enclosed within structure)

Transit vehicle storage and servicing (need not be enclosed within structure)

Trade school

Venetian blind and metal awning fabrication and cleaning

Water distillation

Water storage (need not be enclosed within structure)

Water or sewage pumping station

Welding shop

Well drilling company

Wholesale and warehousing

Wood preserving by creosote or other impregnation treatment (need not be enclosed within structure)

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Pipe line or electric transmission line (need not be enclosed within structure)

(3)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustments in accordance with the provision of Article G governing special exceptions:

Acid manufacture (hydrochloric, nitric, picric, sulphuric, sulphanous, carbolic)

Animal reduction

Animal black, lamb black, or bone black manufacture

Automobile wrecking, dismantling or salvage as follows:

• Must be enclosed within a fence at least seven (7) feet high and adequate to obstruct view, noise and passage of persons

• Chain link or similar fence will be permitted if screen planting adequate to obstruct view is provided

Bones, distillation

Butane and other liquefied petroleum gas products storage and sales

Cement, lime, gypsum and plaster manufacture

Clay and clay products manufacture (need not be enclosed within structure)

Explosives, fireworks and gunpowder manufacture and/or storage

Fertilizers manufacture or processing

Garbage dumping (need not be enclosed within structure)

Glue, size or gelatin manufacture

Junk yard, including storage, baling or sale of rags, paper, iron, or junk as follows:

• Must be enclosed within a fence at least seven (7) feet high and adequate to obstruct view, noise and passage of persons

• Chain link or similar fence will be permitted if screen planting adequate to obstruct view is provided

Matches manufacturing

Meat slaughtering and/or packaging

Metal ingots, pigs, castings, sheets or bars manufacture

Petroleum and petroleum products manufacture, processing or storage

Rubber or gutta percha manufacture processing or reclaiming

Stockyards (need not be enclosed within structure)

Tannery, including curing of hides

(b)

Building site area. The minimum building site area shall be ten thousand (10,000) square feet.

(c)

Building height limit. Except as provided in Article C, no structure shall be erected or altered to exceed forty-five (45) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimensions of yards shall be:

Front yards .....25 feet

Side yards .....10 feet

Rear yards .....10 feet

(1)

Exceptions allowed are that a rear yard abutting on a public alley need only be five (5) feet in depth

(2)

A rear yard abutting on a lot in a residential or B-1 district shall have the same minimum depth as the rear yard required in the abutting district.

(Ord. No. 552, Ch. III, § 14, 8-11-97)

These districts are composed mainly of large open unsubdivided lands that are vacant or in agricultural or forestry uses. The regulations are designed to protect the essentially open character of the districts, until such time as plans for development are prepared by prohibiting the establishment of scattered residential, business, industrial and other uses that are unrelated to any general plan of development and that might inhibit the best future urban utilization of the land. It is intended that land in these districts will be reclassified to its appropriate residential, commercial or industrial category in accordance with the amendment procedure set forth herein whenever such land is subdivided into urban building sites.

(a)

Permitted uses. In O-L districts only the following uses are permitted.

(1)

Uses by right. The uses listed below are permitted subject to the conditions specified:

Accessory use

Archery range (need not be enclosed within structure)

Farming and truck gardening (need not be enclosed within structure)

Fair grounds

Golf course but not including commercial miniature courses (need not be enclosed within structure)

Livestock keeping, raising, or breeding (need not be enclosed within a structure provided that open spaces used by animals are more than 150 feet from any dwelling, commercial establishment, or other use)

Park or playground (public) including recreation center (need not be enclosed within structure)

Riding academy (need not be enclosed within structure)

Water storage (need not be enclosed within structure)

(2)

Uses requiring planning approval. The uses listed below are permitted upon approval of the location and site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located:

Church, including parish house, community house and educational buildings

College or university

Fire station

Outdoor general advertising structure (need not be enclosed within structure)

Pipe line or electric transmission line (need not be enclosed within structure)

Railroad right-of-way, but not including shops, yards and team tracks (need not be enclosed within structure)

Revival church (temporary) as a temporary use on permit issued by the zoning administrator, such permit to be good for a period not exceeding one week and renewal for not more than three such periods

School, elementary and/or secondary meeting all requirements of the compulsory education laws of the state

(3)

Special exception uses. The uses listed below are subject to the same approval of the location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that shall be subject to approval of the board of adjustments in accordance with the provisions of Article G governing special exceptions:

Airport and/or dusting service (need not be enclosed within structure)

Cemetery (need not be enclosed within structure)

Dry dock.

Electric substation or gas regulator station, need not be enclosed within structure but must be enclosed with:

(1)

A cyclone or similar type of protective fence sufficient in height and so constructed as to resist scaling by unauthorized persons and obstruct passage of persons or materials, along the entire length of which there shall be a screening material or planted evergreen shrubs or climbing vines adequate to obstruct view and present a pleasing and esthetic appearance; or

(2)

A wall of brick, perforated brick, masonry or other similar material sufficient in height to obstruct view and passage of persons or materials; or

(3)

With the approval of the planning commission a similarly satisfactory enclosure adequate to meet the above state requirements for the obstruction of view and passage of persons or materials

Excursion boat and dock (not to be used as dwelling)

Institution for children or the aged

Marine vehicle filling station or pier (no maintenance or repair; fuel pumps need not be enclosed within a structure)

Radio and television broadcasting transmitter

Water and sewage pumping station

(b)

Building site area. The minimum building site area shall be:

For electric substation, gas regulator station, water or sewerage pumping station .....none

For any other permitted use .....  10,000 sq. ft.

(c)

Building height limit. Except as provided in Article C, no structure shall be designed, erected or altered to exceed thirty-five (35) feet.

(d)

Yards required. Except as provided in Article C, the minimum dimensions of yards shall be:

Front yard .....25 feet

Side yard .....10 feet

Rear yard .....25 feet

(Ord. No. 552, Ch. III, § 15, 8-11-97)

(a)

Areas subject to inundation. On any areas subject to periodic inundation, making them unsafe for human habitation, no building or portion thereof which is designated for dwelling use or as a place of public assembly shall be erected or altered unless protected from inundation.

(b)

Natural production uses. In any district the extraction of oil, has or other natural mineral deposit, including sod, sand, clay or gravel, may be permitted upon the approval of the board of adjustments and subject to such terms and conditions as the board may fix for the protection of adjacent property and uses.

(c)

Noise. There shall be no production by any use of noise which at any boundary of the building site is in excess of the average intensity of street and traffic noise at that boundary.

(d)

Heat, glare and vibration. There shall be no emission by any use of objectionable heat, glare or vibration which is perceptible beyond any boundary of the building site on which the use is located.

(e)

Hazard. There shall not be created or maintained by any use any unusual fire, explosion or safety hazard beyond the boundary of the lot on which the use is located.

(f)

Mobile homes class determinations:

(1)

Intent. It is the intent of these regulations to encourage the provision of affordable housing in a general residential environment by permitting the use of Class A mobile homes (as defined herein) in all residential districts of the Town of Delhi subject to limitations in size, shape and foundation as specified below.

(2)

Effect of approval. Mobile homes approved as Class A either individually or by specific model shall be allowed in all residential districts subject to the requirements for all structures in the same district. Certification shall be contingent upon all requirements of paragraph (4) (below) being met.

(3)

Application for Class A determination. Applications for approval of mobile homes as Class A shall be submitted to the zoning administrator in such form as he may reasonably require to make determinations of suitability as specified herein. Applications shall include descriptions of but not be limited to exterior dimensions, roof slopes, exterior finish, skirting materials and the like.

(4)

Standards for determinations of Class A status. Minimum width as measured across the narrowest portion of the dwellings main structure shall be twenty (20) feet. The pitch of the main roof shall be not less than one (1) foot of rise for each four (4) feet of horizontal run; minimum distance from cave to ridge shall be ten (10) feet. Exterior finish materials shall not reflect light of greater intensity than would be reflected from a surface painted with clean, white, gloss enamel. All Class A mobile homes shall be skirted to obscure from view and wheels, undercarriages, framing extensions, etc. with a material similar in appearance to the mobile home's exterior surfaces.

(g)

Home occupations provisions.

(1)

Intent. It is the intent of these regulations to encourage only those home occupations which can be so located and conducted that they preserve the essential characteristics of residential neighborhoods, cause no undue hazards to other residences or to the public, place no additional burdens on public facilities or services beyond what would normally be associated with residential uses, and to not have the effect of discriminating against commercial uses properly located in commercial districts.

(2)

Performance standards.

(A)

Home occupations shall be conducted solely by residents of, entirely within, incidental to the residential use of, and utilizing not more than twenty-five (25) percent of the dwelling. No articles or services are to be sold or offered for sale on the premises except those that are produced by residents of the dwellings themselves.

(B)

No home occupation shall require internal or external features or the use of electrical or mechanical equipment which would change the fire rating of the structure or the fire district in which the structure is located. No home occupation shall cause an increase in the use of any public utilities beyond the average for residences in the neighborhood, nor shall it create noise, dust, vibrations, smog, smoke, glare, electrical interference, fire hazard, or nuisance to any greater or more frequent extent than is usually experienced under normal circumstances wherein no home occupation exists. The creating of noise from tools, equipment, machinery, or other devices associated with the otherwise legal conduct of any home occupation in a residential neighborhood which can be heard beyond the property lines of the property where such occupation is conducted shall be considered a nuisance.

(C)

There shall be no storage of equipment, tools, goods, supplies, or implements or display of goods related to the home occupation which is visible beyond the borders of the property upon which the home occupation is conducted, nor shall any related combustibles, explosives, or hazardous chemicals be stored on the premises.

(D)

The home occupation shall not generate hazardous vehicular or pedestrian traffic. A home occupation which requires recurrent on-site transactions or consultations must provide one additional off-street parking space for each two hundred (200) square feet of floor space devoted to the occupation; said parking spaces shall not be located in any required front yard.

(E)

One non-illuminated name plate is allowed attached to the main structure, not to exceed two (2) square feet in size.

(F)

The premises may not be used to park occupation related vehicles larger than two (2) tons in weight.

(3)

Exclusions. Home occupations as the term is defined herein specifically excludes certain uses that have a pronounced tendency to rapidly increase beyond the limits permitted, thereby impairing the use and value of a residentially zoned area for residential purposes as follows:

Animal services or grooming

Appliance repair and services

Beauty/barber shop w/more than one operator

Carpentry work (on-premises)

Dance instruction

Dental or medical treatment

Food sales (on-premises)

Metal product fabricating

Private schools with organized classes

Small engine repair

Upholstering (auto and furniture)

Vehicle restoration

Vehicle service, repair, or painting

These uses are specifically excluded along with all other uses not meeting the standards otherwise set forth in this chapter.

(h)

Permanent yard sales.

(1)

No owner or occupant of property in the Town of Delhi shall conduct a permanent garage or yard sale.

(2)

For purposes of this section, a garage or yard sale is defined as the sale of personal or household items by a person or persons not licensed as a retailer operating lawfully according to section 16.12.350(c).

(3)

For purposes of this section, permanent is defined as: (1) having a duration in excess of seventy-two (72) hours; (2) having regularly scheduled hours of operation each day for more than three (3) days; or (3) having regularly scheduled days of operation each week for more than two (2) weeks.

(4)

The Town of Delhi may issue thirty (30) day permits to licensed retailers which will allow them to display goods outside of the confines of their approved structures. Any permit for a period in excess of thirty (30) days must be approved by the board of aldermen in legal session convened.

(Ord. No. 552, Ch. III, § 17, 8-11-97)

(a)

Small lots. Where a lot has an area less than the area required herein and was a lot or record on the effective date of this chapter, such lot, if used for dwelling purposes, shall be used only for a single-family dwelling. If located in a district permitting commercial or industrial use, the lot may be uses for any use permitted in the district in which the lot is located.

(b)

Reduced lot area. No lot shall be so reduced in area that any required yard will be smaller than prescribed for the district in which the lot is located.

(c)

Visibility at intersections. On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than two (2) feet in height shall be erected, place or maintained within the triangular area formed by the intersecting street lines and a straight line joining such street lines at points which are thirty (30) feet distant from the point of intersection measured along such street lines.

(d)

Waterfront development regulations.

(1)

Purpose. Waterfront development regulations are intended to assure both frequent views of the river and physical access to the river and its activities.

(2)

Standards.

(A)

For purposes of this section, waterfront development is that development which is within three hundred (300) feet of Bayou Macon's edge at its mean high-water mark.

(B)

The minimum set-backs from property lines shall be twenty (20) feet.

(C)

As an alternative to meeting the minimum setbacks, thirty (30) percent of a developed parcel of land may be dedicated for exclusively pedestrian circulation from streets or other public rights-of-way to the water's edge, said pedestrian access areas to be landscaped and provided with street furniture or other amenities.

(D)

Waterfront property shall not be utilized for vehicular parking except when associated exclusively with residential uses.

(Ord. No. 552, Ch. III, § 18, 8-11-97)

(a)

Excess height. In any district any main building may be erected or altered to a height in excess of that specified for the district provided each front, side and rear yard is increased one (1) foot for each two (2) feet of such additional height; this provision includes areas where no yard is required.

(b)

Height exceptions. Except as provided in sub-section (c) of this section, the height limitations for the various districts shall not apply to structures not used for human habitation such as church spires, belfries, cupolas, domes, chimneys, ventilators, skylights, water tanks, parapet walls, cornices, or necessary mechanical appurtenances usually carried above the roof level, provided that such features are limited to that height necessary for their proper functioning.

(c)

Towers. Free standing radio, television, micro-wave, cellular telephone, and other types of antenna towers and outdoor general advertising structures as defined in section 16.12.60 are not exempt from the height limitations specified in the district regulations of Article B.

(Ord. No. 552, Ch. III, § 19, 8-11-97)

(a)

Front yard depth. Any lot lying between two lots adjacent thereto and having structures erected upon them on the effective date of this chapter shall have a front yard equal in depth at least to the average depth of the front yards of the lots adjacent thereto; provide, however that no front yard shall be less than ten (10) feet in depth, nor need any front yard have a greater depth than thirty-five (35) feet.

(b)

Additional side yard requirements. Where the side of a lot in a commercial district abuts upon the side of a lot in a residential district, there shall be provided on the lot in the commercial district a side yard not less than twenty (20) feet in width on the side next to the residential district.

(c)

Accessory buildings.

• No accessory building shall occupy any part of a required front or side yard or occupy more than thirty (30) percent of a required rear yard.

• No accessory building shall be erected or altered so that it is closer to any lot line than five (5) feet, except that in a B-3 district an accessory building may be as close to an interior, side lot line as the primary building on the site.

• No accessory building shall be closer to any right-of-way line than the primary building on the site.

• Accessory structures (other than buildings) shall meet the same requirements as accessory buildings, except that commercial, on-premises signs in commercial districts are allowed to occupy a required front or side yard, provided the sign structure is no closer to any right-of-way line than ten (10) feet.

(d)

Future street lines. Front yard depth and, in the case of corner lots, side yard width shall be measured from the future street right-of-way line where such lines have been established by the master plan.

(e)

Corner lot. In any district a corner lot shall have provided on the side adjoining the side street a side yard of twenty (20) feet in width provided, however, that this regulation shall not be applied to reduce the buildable width of the corner lot to less than thirty (30) feet.

(f)

Projecting architectural features. Every part of a required yard shall be open and unobstructed from the ground to the sky except for permitted accessory structures and for the ordinary projections of sills, belt courses, cornices, buttresses, caves and similar architectural features, provided that such projections shall not extend more than two (2) feet into any required yard. Open fire escapes may extend into any required yard not more than three and one-half (3½) feet.

(g)

Fences and walls. No fence or wall that obstructs sight shall be erected or altered in any required front yard to exceed a height above street level of two and one-half (2½) feet, and no fence or wall, other than the wall of a permitted structure, shall be erected or altered in any required side or rear yard to exceed a height of seven (7) feet.

(h)

Buffer protection. Wherever the boundary of a residential district is conterminous with the boundary of a commercial or industrial district, and residential lots abut commercial or industrial lots, there shall be provided and maintained, on the commercial or industrial land abutting the residential district, adequate buffer protection as follows:

(1)

A masonry wall at least seven (7) feet in height; or

(2)

Screen planting accompanied by a permanent board or chain link type fence both of which are at least eight (8) feet in height.

(3)

Screen planting shall be of sufficient density to afford protection from the glare of lights, from blowing papers, dust and debris, from visual encroachment, and from excessive transmission of noise and shall be maintained in a clean and neat condition.

(Ord. No. 552, Ch. III, § 20, 8-11-97)

Except as set out in this article these regulations require a separate lot for each structure other than an accessory structure. To allow and encourage greater design flexibility for location for buildings comprising a planned group, the requirement for a separate lot for each building is waived and two (2) or more buildings may be erected and maintained on the same lot when certain conditions, as described in this article, are met.

(Ord. No. 552, Ch. III, § 21, 8-11-97)

(a)

The following policy statement is in regard to the planned residential development provisions of the subdivision regulations in section 16.08.060:

(1)

It is intended to permit, on application and approval of detailed plans, creation of new higher density, single ownership residential projects where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units. Suitability of such tracts for the plans and development proposed shall be determined by the existing and prospective character of surrounding development, and by reference to the comprehensive plan.

(2)

In view of the substantial public advantages of planned unit development, it is the intent of this chapter to promote and encourage development in this form where appropriate in location and character.

(3)

Higher density, single ownership residential developments represent a special plan for a minimum of two (2) acres permitting usage of smaller building sites than otherwise permitted by this chapter and the subdivision regulations. Certain modifications of the general subdivision requirements are permitted when, in the opinion of the planning commission, adequate provisions are made for circulation, recreation, light, air and service needs of the tract when fully developed and populated.

(b)

Factors to be considered by the commission in review of planned residential development projects include:

(1)

Deed covenants for the development should include provisions for the maximum coverage of building sites and other design specifications in accordance with the provisions of Chapter 16.08.

(2)

Deed covenants must include adequate provisions for the perpetual maintenance of common areas such as courts and playgrounds.

(3)

Plans for the development must include concrete curb and gutter streets, sidewalks, underground drainage, adequate spacing of structures to assure access by emergency vehicles, and adequate off-street parking and access by residents. The planning commission may approve street rights-of-way of less than fifty (50) feet in width with vehicular turn-arounds of less than one hundred (100) feet in diameter provided the street is no longer than eight hundred (800) feet in unbroken length and further provided that the proposed street is part of a cluster, townhouse, or condominium development according to specification in Chapter 16.08.

(4)

Consideration must be given to reservation of recreation space to serve the project's population. This required open space is in addition to other required open space and must exceed five (5) percent of the gross area of townhouse, or condominium development.

(5)

Planned residential development projects will be required to follow subdivision regulation review procedures of sketch plan, general subdivision plan and final plat reviews as well as:

(A)

Evidence of provision for operation and maintenance of such areas, improvements, facilities, and service as will be for common use by some or all of the occupants of the development, but will not be provided, operated, or maintained at general expense; and

(B)

A preliminary traffic analysis indicating the probable effect of the proposed development on traffic patterns and capabilities of adjacent streets in the immediate area.

(6)

Other than the specific requirements listed above, planned residential development projects will comply with the general design and improvement standards of the subdivision regulations and this chapter.

(Ord. No. 552, Ch. III, § 22, 8-11-97)

(a)

Definitions:

(1)

Mini-warehouse developments: A commercial enterprise consisting of rented storage space with individual unit areas not exceeding three hundred fifty (350) square feet.

(2)

Impervious surface: A surface on the ground which does not allow passage of water, including but not limited to, buildings, and concrete, gravel, stone, and shell parking areas, driveways, and walkways.

(3)

Impervious surface ratio: The ratio of all impervious surfaces on a lot to the total area of said lot.

(b)

Set-backs required. Notwithstanding the lesser set-back requirements specified in the various districts, the following set-back requirements shall apply to all mini-warehouse developments:

• Front yards .....25 feet

• Side yards .....5 feet

• Rear yards .....10 feet

• Except that a side yard abutting on a public street shall equal or exceed 20 feet.

(c)

Height limitations: Not withstanding the height limitations of the various districts, all mini-warehouse developments shall be limited in height to thirty-five (35) feet, said height limitation shall apply to all structures on the site including signs.

(d)

Surfaces: The impervious surface ratio for any mini-warehouse development shall not exceed 75:1; however, the ratio may be increased to 85:1 if all pervious surfaces are in the front yard of the development.

(e)

Residences: One (1) on-premises residence is allowed in a mini-warehouse development unless otherwise prohibited by the regulations governing the district containing the mini-warehouse development and provided the residence can meet all regulations pertaining to both residential uses and mini-warehouse developments.

(Ord. No. 552, Ch. III, § 23, 8-11-97)

(a)

District regulations. All buildings groups shall comply with all of the regulations established for the district in which the building group is located except the regulation requiring a separate lot to be provided for each principal structure; such building group may be considered as one building for the purpose of complying with the required lot area, height, yard and other regulations.

(b)

Site plan and improvements. A special plan for a building group may be required to show the following:

(1)

Drainage. Adequate facilities for the drainage of surface water, including storm sewers, gutters, paving and the proper design of finished grades;

(2)

Circulation. Adequate facilities for the safe and convenient circulation of pedestrian and vehicular traffic, including walks, driveways, off-street parking areas, off-street loading areas, and landscaped separation spaces between pedestrian and vehicular ways;

(3)

Plan areas. In dwelling building groups, adequate and safely located play areas for small children.

(c)

Building spacing and orientation. The following spacing between buildings shall be measured perpendicularly between exterior walls.

(1)

Spacing of buildings. A building wall shall be located no closer to another building than a distance equal to the height of the taller building of the two; provided, further, that for a building containing dwelling units such distance shall not be less than fifteen (15) feet in the case of a wall having no windows.

(2)

Access by emergency vehicles. The building in a planned building group shall be so arranged that every building is accessibly by emergency vehicles.

(Ord. No. 552, Ch. III, § 24, 8-11-97)

(a)

Application for approval. An application for approval of a special plan for a building group shall be filed with the zoning administrator and shall contain the following information:

(1)

Interest and ownership. The applicant's name (and all others represented by the applicant, address and interest in the application, the concurrence of the owner or owners of the entire land area included in the special plan and all incumbrances of such land, and evidence of the right and actual intent to develop the designated area.

(2)

Plans for building group. Plans showing the land area included within the special plan, with its boundaries and dimensions, all public and private casements and rights-of-way, both existing and proposed, within or bounding the designated area and the adjoining properties, the location, number of stories, and gross floor area of proposed principal buildings and accessory buildings, curb cuts, driveways, off-street parking areas, off-street loading areas, walks, open areas to be set aside for special purposes, the location and height of proposed walls, fences, and screen planting, the types of paving or other surfacing to be used in the various areas, and such other site information as may be necessary to describe completely the proposed building group.

(b)

Administrative examination. Upon receipt of an application for approval of a special plan for a building group, and after assuring that the application is properly and completely made out, the zoning administrator shall transmit the application to the planning commission.

(c)

Review by planning commission. The planning commission shall review each application and approve or disapprove the special plan; approval may establish conditions and limitations. The planning commission shall then return the application, together with its report of approval or disapproval to the zoning administrator, who shall notify the applicant of action taken.

(d)

Filing and recording of special plan. Upon approval of a special plan, a copy of such plan shall be filed among the records of the Town of Delhi and shall thereafter be binding upon the applicants, their heirs, successors, and assigns, shall limit and control the issuance and validity of permits and certificates, and shall restrict and limit the use and operation of all land and structures within the area designated in such special plan to all conditions and limitation specified in such special plan and the approval thereof.

(e)

Amendment or withdrawal of special plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the special plan was approved and registered, any special plan may be amended or withdrawn.

(Ord. No. 552, Ch. III, § 25, 8-11-97)

The off-street parking facilities herein required shall be provided in at least the amount and maintained in the manner herein set forth; provided, however, that off-street parking facilities need be neither provided nor maintained for land actually used or for structures actually existing (whether occupied or vacant) on the effective date of this chapter unless, after the effective date of this chapter such land, structures, or uses are enlarged, expanded or changed in which event, the land, structures and uses hereby excluded shall not be used, occupied or operated unless there is provided for the increment only of such land, structures and use, and maintained as herein required at least the amount of off-street parking facilities that would be required hereunder if the increment were a separate land, structure or use.

(Ord. No. 552, Ch. III, § 26, 8-11-97)

Off-street parking facilities shall be constructed, maintained and operated in accordance with the following specifications:

(a)

Size, location, and access.

(1)

Size.

(A)

Each off-street parking space shall be an area of appropriate dimensions, of not less than one hundred eighty (180) square feet net, exclusive of access area.

(B)

Handicapped spaces shall meet the requirements of Public Law 101-336 as specified in 28 CFR 36 and other applicable Federal regulations.

(2)

Location. Off-street parking facilities shall be located on the lot on which the use or structure for which they are provided is located.

(3)

Vehicular access. Vehicular access to individual parking spaces shall be provided by aisles according to the following table:

(b)

Design and construction.

(1)

Drainage and surfacing. Parking facilities shall be properly graded for drainage, surfaced with concrete or asphaltic concrete and maintained in good condition, free of weeds, dust, trash and debris.

(2)

Entrances and exits.

(A)

Parking facilities shall be provided with entrances and exits so located as to minimize traffic congestion as determined by the zoning administrator.

(B)

Vehicle access isles to the street from the development shall not exceed the number and size needed for efficient traffic flow to and from the development.

(C)

The exterior periferies of parking facilities shall be defined by landscaped strips at least two (2) feet in width. Each such landscaped strip shall be raised and protected by curbs and shall contain grass, shrubbery, and two (2) trees for every automobile access to the street.

(3)

Parking bays.

(A)

Parking bays containing not more than one hundred (100) parking spaces shall be established.

(B)

Such blocks shall be defined by landscaped strips at least fifteen (15) feet wide. Each such landscaped strip shall be raised and protected by curbs and shall contain:

i.

Grass and shrubs;

ii.

A four (4) foot wide pedestrian walk extending the full length of the strip; and

iii.

One tree for every fifty (50) parking spaces.

(C)

Vehicular access aisles within the block shall be connected to one or more roadways at least twenty-four (24) feet wide or such greater width as may be required to accommodate the volume of traffic anticipated and along which no parking spaces shall be provided or allowed.

(4)

Lighting. Lighting shall be provided in all parking facilities accommodating ten (10) or more vehicles and such lighting shall be so arranged that the source of light does not shine directly into adjacent residential properties and does not interfere with traffic.

(5)

Other uses. Other uses such as the sale, repair, dismantling, or servicing of vehicles, equipment, materials or supplies shall not be conducted within required off-street parking facilities. Retail sales shall not be conducted in store parking lots; however, the occasional display of goods for sale may occur in parking areas provided the display occupies available space in excess of required parking spaces.

(6)

Residential areas. In residential districts off-street parking facilities shall be used only by vehicles up to eight thousand (8,000) pounds gross vehicle weight, manufacturer's capacity rating, and having wheels not exceeding seventeen (17) inches in diameter.

(7)

Residential. Required off-street parking facilities for dwelling uses shall not occupy any part of a required front yard.

(Ord. No. 552, Ch. III, § 27, 8-11-97)

(a)

Parking. At least the following amounts of off-street parking facilities shall be provided. The classifications of uses shall be deemed to include and apply to all uses, and if the classification of any use for the purpose of determining the amount of off-street parking facilities to be provided is not readily determinable hereunder the classification of the use shall be fixed by the zoning administrator.

(b)

Loading. In addition to required off-street parking spaces a minimum of one off-street loading facility shall be provided for all structures devoted to commerce, industry, manufacturing, storage, warehousing, professionally purposed, hospitals, and similar uses exceeding 10,000 square feet of gross floor area.

(Ord. No. 552, Ch. III, § 28, 8-11-97)

Pursuant to the procedure set forth in this section, either part or all of the required off-street parking facilities may be located on another site a distance no greater than four hundred (400) feet from the one occupied by the use or structure for which the facilities are provided; also, two (2) or more uses may share the same off-street parking facilities and each of such uses may be considered as having provided such shared space individually.

(a)

Applications for approval of special plan. An application for the approval of a special provision hereunder shall be filed with the zoning administrator by the owner or owners of the entire land area to be included within the special plan, and all incumbrances of such land area and structures. The application shall contain such information required by this chapter or deemed necessary by the zoning administrator and shall include plans showing the location of the uses or structures for which off-street parking facilities are required and the location at which the off-street parking facilities are proposed to be located.

(b)

Review of application. Applications hereunder shall be reviewed by the zoning administrator and either approved by him or disapproved. Any approval may establish conditions and limitations, and be registered among the records of the town and shall thereafter be binding upon the applicants, their heirs, successors and assigns, shall limit and control the issuance and validity of permits and certificates and shall restrict and limit the use and operation of all land and structures included within such special plans to all conditions and limitations specified in such plans and the approval thereof.

(c)

Amendment or withdrawal of special plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the special plan was approved and registered, any special plan may be amended or withdrawn.

(Ord. No. 552, Ch. III, § 29, 8-11-97)

(a)

Continuance of a Nonconforming Use. Except as hereinafter provided the lawful operation of a nonconforming use, as such existed on the effective date of this chapter or on the effective date of any amendment hereto by which the use became a nonconforming use, may be continued.

(b)

Number of dwellings. The number of dwellings in a nonconforming multi-family residential building may be increased provided the following conditions are met:

(1)

The building shall not be enlarged or extended.

(2)

The number of dwellings shall not be increased to more than the number of dwellings permitted in districts where the use would be conforming.

(c)

Expansion or enlargement of a nonconforming use. The land area occupied by a nonconforming use shall not be increased except to provide one off-street parking space or open off-street loading space for the nonconforming use, such space to be maintained in accordance with the regulations herein established.

(d)

Extension of a nonconforming use in a structure. A nonconforming use in a structure may be extended throughout the structure provided no structural alterations, except those required by law or ordinance, are made therein.

(e)

Change in use. A nonconforming use shall not be changed to another use of lower or less restrictive classification; a nonconforming use may, however, be changed to another use by right of the same or higher classification.

(f)

Termination of a nonconforming use. Except as hereinafter provided, any nonconforming use that has been abandoned or discontinued for a period of forty-eight (48) months shall not thereafter be reestablished.

(Ord. No. 552, Ch. III, § 30, 8-11-97; Ord. No. 634, § 2, 4-12-10 )

(a)

Continuance of a nonconforming structure. Except as hereinafter provided, any nonconforming structure may be occupied and operated and maintained in a state of good repair.

(b)

Enlargement or extension of a nonconforming structure.

(1)

A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended.

(2)

A nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this chapter.

(c)

Restoration of damaged nonconforming structures. A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than sixty (60) percent of its replacement cost may be restored, provided:

(1)

Restoration is begun within one (1) year and completed within two (2) years of the date of the damage;

(2)

A structure damaged as the result of fire, flood, windstorm, earthquake or other unforseen cause, which was a conforming structure at the time of its erection but which structure has since become nonconforming as the result of a change in this chapter or the zoning map, may be restored regardless of the extent of the damage thereto and the nonconforming use of the structure continued; and

(3)

If such structure can be legally restored under other applicable laws and ordinances.

(d)

Restoration of obsolete nonconforming structures. A nonconforming structure which becomes obsolete or substandard under any applicable ordinance and for which the cost of replacing such structure in lawful compliance with the applicable ordinance exceeds sixty (60) percent of the replacement cost shall not be restored.

(Ord. No. 552, Ch. III, § 31, 8-11-97)

(a)

Permits and licenses. No building or other permit, license, or other document of approval, the use of which may be subject to the provisions of this chapter shall be issued by any department, agency or board of the municipality until the zoning administrator shall have certified that the use to be made of the permit, license, or other document is in full compliance with the provisions of this chapter.

(b)

Plans required. Each application for a new structure or for the alteration of an existing structure shall be accompanied by a drawing, in duplicate, showing the site plan, the location of the building on the site, accurate dimensions of the building and site, location of off-street parking and off-street loading spaces required, and such other information as may be necessary for the enforcement of these regulations.

(c)

Construction begun or authorized prior to effective date of chapter. Nothing herein contained shall require any change in the plans, construction or designated use of a structure the construction of which shall have legally and actually begun prior to the effective date of this chapter or, if a building permit shall have been issued within ninety (90) days of the date of such permit, and which entire structure shall be completed within six (6) months after the effective date of this chapter.

(d)

Violations. Any person, firm, or corporation violating any provision of this chapter shall be fined upon conviction not less that ten dollars ($10.00) and not more than twenty-five dollars ($25.00) or imprisoned for not more than thirty (30) days, or both, for each offense; each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any penalty hereunder shall not preclude the building inspector, zoning administrator, municipal counsel, or other appropriate authority of the municipality, or any adjacent or neighboring property owner who would be specifically damaged by such violation, from instituting injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure, or land.

(e)

Occupancy of buildings.

(1)

Certificate of occupancy required. Any non-residential use or home occupation either newly established, relocating from one place to another, or substantially altering its activities must obtain certificate of occupancy in a form prescribed by the zoning administrator in advance. Before issuing said certificate, the facilities to be occupied must be approved by the building inspector and the state fire marshall as meeting their regulatory requirements. Utility services may be denied by the Town of Delhi for failure or refusal to acquire said certificate.

(2)

Acknowledgment of vacancy required.

(A)

Should any building upon which a certificate of occupancy has been issued become vacated for a period of thirty (30) days or more, it shall be considered as though there has been a change in occupancy and in the nature and use of the building, unless the owner, lessee or other lawful occupant applies for an acknowledgment of vacancy, which shall entitle the building to continue receiving electrical, gas, and other utility service during such period of vacancy.

(B)

An acknowledgment of vacancy:

i.

Shall not allow the storage of any item other than those properly existing on the premises during the occupancy prior to the vacancy;

ii.

Shall not allow any restoration or renovation of the building without all other requirements of this code and issuance of all necessary permits and licenses otherwise required; and

iii.

Shall require continued maintenance of all fire protection equipment and standards at that level required prior to the vacancy.

iv.

Upon their request, the state fire marshall and/or the Delhi building inspector shall be granted access to the building by the owner, lessee, or other lawful occupant in order to verify these requirements.

(C)

An acknowledgment of vacancy shall cost ten dollars ($10.00) and shall be valid for so long as the building remains vacated.

(D)

In addition to any other penalty provided for any other violation of town ordinances, any material violation of this subsection 16.12.320(e)(2) shall entitle the state fire marshall and/or the building inspector to immediately withdraw the acknowledgment of vacancy and to require the utility service to the building be terminated.

(E)

All churches are exempt from any zoning regulations which may be considered to restrict freedom of worship.

(f)

Abatement procedures.

(1)

General procedures. In the event that any person, including but not limited to the property owner, general agent of such property, leasee or tenant shall fail or neglect to comply with the provisions of this chapter, the Town of Delhi is authorized, empowered, and directed to cause the violation to be corrected and abated and to assess the charges against the person responsible.

(2)

Abatement notice.

A.

If the Town of Delhi undertakes abatement action, the property owner shall be notified of the town's intent to abate the violation and shall be given no less than ten (10) days to voluntarily abate the violation. The town may serve notice on the owner by registered or certified mail, addressed to the owner at his last known address or through personal delivery by any employee of the town.

B.

Notice of the town's intent to abate a violation shall identify the nature and location of the violation, including the legal property description, the owner thereof who is responsible, the length of time allowed for voluntary correction, and the violator's administrative review rights.

C.

The town may extend the time limit for compliance or voluntary abatement through the execution of an abatement contract, signed and duly executed, which specifies the actions to be taken and the time limit allowed.

(3)

Abatement charges. All charges, costs, and expenses for abatement or correction of the violations incurred by the town shall be assessed to the person responsible; and, if said person refuses to reimburse the town's costs within thirty (30) days, the amount thereof may be collected through civil proceedings directed against such person.

(4)

Administrative review. Any person notified of proposed correction or abatement action by the town shall have the right for ten (10) days from the date of receipt of such notice to request in writing an administrative review according to section 16.12.350.

(g)

Abatement actions taken by the town under this chapter shall not preclude the imposition of criminal penalties as otherwise provided by law.

(Ord. No. 552, Ch. III, § 32, 8-11-97; Ord. No. 570, § 2E, 7-10-00)

(a)

The board of adjustments shall consist of five (5) members, and may include two (2) alternate members, all of whom shall be land owners and qualified voters. The membership of the first board shall serve respectively, one for one (1) year, one for two (2) years, one for the three (3) years, one for four (4) years and one for five (5) years. Thereafter members shall be appointed for terms of five (5) years each.

(b)

Of the two (2) alternate members first appointed, one (1) alternate member shall be appointed for a term of three (3) years and the other for a term of two (2) years. Thereafter each alternate member shall be appointed for a term of three (3) years. Alternate members shall serve only when called upon to form a quorum and when so serving shall have all of the powers and duties of regular members.

(c)

All members and alternate members of the board of adjustments shall be appointed by the mayor and board of aldermen. All members shall be removable for cause by the mayor and board of aldermen upon written charges and alter public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairman, who shall serve in that capacity for one (1) year.

(Ord. No. 552, Ch. III, § 33, 8-11-97)

(a)

Rules adopted. The board of adjustments shall adopt rules in accordance with the provisions of any ordinance of the Town of Delhi adopted pursuant to Louisiana Revised Statute 33:4721 through 33:4729; however, any rules adopted by a board of adjustments shall not be effective until approved in writing by the mayor and board of aldermen.

(b)

Hearings. Hearings and meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.

(Ord. No. 552, Ch. III, § 34, 8-11-97)

The board shall have and exercise the following powers:

(a)

Administrative review. To hear and decide appeal where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of Louisiana Revised Statute 33:4721 through 33:4729 or of any ordinance adopted pursuant thereto. In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the chapter, to vary or modify the application of any of the regulations or provisions of the chapter relating to the use, construction, or alteration of buildings or structures or the use of land so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. In exercising all of its aforementioned and following described powers the board may, in conformity with Louisiana Revised Statute 33:4721 through Louisiana Revised Statute 33:4729, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all of the powers of the officer from whom the appeal is taken.

(b)

Interpretation. To interpret the zoning map and to pass upon disputed questions as they arise in the administration of the zoning regulations.

(c)

Special exceptions. To hear and decide, in accordance with the provisions of this chapter, requests for special exceptions, subject to such terms and conditions as may be fixed by the board. No exception shall be authorized unless the board shall find that all of the following conditions exists:

(1)

That the exception will not authorize the operation of a use other than those uses specifically enumerate for the district in which is located the property for which the exception is sought;

(2)

That the exception is essential to maintain the functional design and architectural integrity of the development; and will be in harmony with the spirit and purposes of this chapter;

(3)

That the exception will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district; and

(4)

That the exception will not weaken the general purposes of this chapter or adversely affect the public health, safety, or welfare, or the comprehensive plan.

(c)

Variances. Where, by reasons of exceptional narrowness, shallowness, or shape of a specified piece of property at the time of enactment of this chapter, or by reason of exceptional topographic conditions or other extraordinary and exceptional characteristics of such piece of property, the strict application of any regulation in this chapter would result in peculiar and exceptional or undue hardship upon the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the this chapter. Variances shall be subject to such terms and conditions as may be fixed by the board of adjustments. No variance shall be authorized unless the board shall find that all of the following conditions exists:

(1)

That the variance will not authorize the operation of a use other than those uses specifically enumerated for the district in which is located the property for which the variance is sought;

(2)

That the development or use of the property for which the variance is sought, if limited by a literal enforcement of the provisions of this chapter, cannot yield a reasonable return in services;

(3)

That the plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property;

(4)

That the variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district;

(5)

That the variance will not alter the essential character of the district in which is located the property for which the variance is sought and will be in harmony with the spirit and purposes of this chapter;

(6)

That the variance will not weaken the general purposes of this chapter or adversely affect the public health, safety, or welfare, or the master plan.

(d)

Appeals. Appeals to the board of adjustments may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the zoning administrator or of his office.

(1)

Appeals shall be taken within a reasonable time, as provided by the rules of the board of adjustments, by filing with the officer from whom the appeal is taken and with the board of adjustments a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

(2)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustments after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such case proceedings shall not be stayed otherwise than by a restraining order that may be granted by the board of adjustments or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

(3)

The board of adjustments shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the interested parties and decide the appeal within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(Ord. No. 552, Ch. III, § 35, 8-11-97)

The board of adjustments shall keep minutes of its hearing and meetings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board of adjustments and shall be public records. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the town for the purpose.

(Ord. No. 552, Ch. III, § 36, 8-11-97)

The concurring vote of a majority of the members of the board present and voting shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter on which it is required to pass upon any ordinance, or to effect any variation in the ordinance. Nothing herein contained shall be construed to empower the board to change the terms of this chapter, to effect changes in the zoning map, or to add to the specific uses permitted in any district.

(Ord. No. 552, Ch. III, § 37, 8-11-97)

Any person aggrieved or any officer or department may have a decision of the board reviewed in the manner provided by Section 4727, Title 33, Louisiana Revised Statues of 1950.

(Ord. No. 552, Ch. III, § 38, 8-11-97)

The following application and inspection fee schedule shall be paid upon application to the board of adjustments and/or the planning commission for their approval of an applicant's request under this part:

Annexation .....$70.00

Planning approval .....30.00

Planned building group .....30.00

Resubdivision .....30.00

Zoning map amendment (plus $20.00 for every acre above 1) .....80.00

Special exception .....80.00

Mobile home park approval (each review) .....40.00

Subdivision (each review) .....40.00

Ordinance amendment .....50.00

Variance .....30.00

Revocation or dedication .....30.00

Appeal of decision .....(none)

(Ord. No. 552, Ch. III, § 39, 8-11-97)

(a)

Reason for amendment. This chapter, including the zoning map, is based on comprehensive planning studies and is intended to carry out the objective of a sound, stable and desirable development. It is therefore declared to be the public policy to amend this chapter only when one or more of the following conditions prevail:

(1)

Error. There is a manifest error in the chapter.

(2)

Change in conditions. Changed or changing conditions in a particular area, or in the planning area generally, make a change in the chapter necessary and desirable.

(3)

Increase in need for sites for commerce or industry. Increased or increasing needs for commercial or industrial sites, in addition to sites that are available, make it necessary and desirable to rezone an area or to extend the boundaries of an existing district.

(4)

Subdivision of land. The subdivision or imminent subdivision of open land into urban building sites makes reclassification necessary and desirable.

(b)

Limitations on proposed amendments. All proposed amendments to this chapter shall be subject to the following limitations:

(1)

Minimum sizes for new districts. No amendment changing the classification of an area shall be adopted unless the area meets the following requirements as to minimum size:

A.

B-1, B-2, B-3 and I-1 districts. A proposed new B-1, B-2, B-3 or I-1 District shall contain at least two (2) acres of gross area; except that a business district of a higher (more restrictive) classification which abuts a business district of a lower (less restrictive) classification shall have no minimum size requirement.

B.

O-L, R-1 and R-2 districts. There is no requirement of minimum size for new O-L or R-1 districts; however, a proposed new R-2 district which does not abut a B-1, B-2 or B-3 district shall have at least two (2) acres of gross area.

C.

R-1H districts. New R-1H districts shall be created according to the provisions of section 16.08.060.

(2)

Additions to existing districts. An enlargement of or an addition to an existing district shall not be considered a new district and shall be exempt from any requirement as to minimum size; however, this subsection shall not apply to expansions of existing R-1H districts.

(Ord. No. 552, Ch. III, § 40, 8-11-97)

(a)

By whom initiated. Amendments to this chapter may be initiated by the Town of Delhi, by the Delhi Planning Commission, or by any person, firm, or corporation.

(b)

Amendment application. An application for amendment to this chapter submitted by any person, firm, or corporation shall contain at least the following:

(1)

Interest and ownership. The applicant's name, address, and interest in the application, the concurrence of the owner or owners of the entire land area and structures to be included within the proposed district, with evidence that the applicant actually intends to develop the designated area, and have both the means and ability to do so.

(2)

Plat. A plat showing the land area which would be affected, the proposed zoning classification of the area.

(3)

Error. The error in this chapter that would be corrected by the proposed amendment.

(c)

Administrative examination. Upon receipt of a completed application for amendment, the zoning administrator shall examine the application and shall make such investigation as is necessary. Within ten days of the receipt of an application, the zoning administrator shall transmit the application, together with its report to the planning commission.

(d)

Preliminary hearing by planning commission. The planning commission shall hold a preliminary hearing on each application for amendment to this chapter and shall notify the applicant and the zoning administrator of the time and place of such preliminary hearing. After holding a preliminary hearing the commission shall certify the application for public hearing. No later than seven (7) days before the public hearing date the applicant shall:

(1)

Furnish the commission with such additional information as it may request; including amendments seeking changes in the zoning map.

(2)

Furnish the commission with the name, description of property owned and mailing address of each owner of property lying within a distance of three hundred (300) feet of all of the fronting corners of the property the classification of which is sought to be changed.

(e)

Public hearing by planning commission. The planning commission shall fix a reasonable time for a public hearing and shall give public notice thereof, as well as notice to the applicant and to the zoning administrator; the commission may also notify the owners of surrounding property by mail. The commission shall prepare a record of its proceedings for each case to be filed in the office of the commission, and to be a public record; a certified copy of the record or proceedings shall be transmitted to the mayor and board of aldermen.

(f)

Legislative disposition. The mayor and board of aldermen shall examine all applications and shall take further action. Before enacting any amendment the board of aldermen shall hold a public hearing and shall give public notice, as required by law.

(1)

Conditions. Conditions fixed in amendments relating to rezoning shall be construed to be covenants running with the land in the area involved and shall be binding upon applicants for amendments, their heirs, successors, and assigns.

(2)

Reconsideration. No land for which an application for reclassification has been acted upon in a public hearing by the board of aldermen and mayor shall be considered again by the planning commission for the same classification until at least six (6) months from the date such application was acted upon.

(Ord. No. 552, Ch. III, § 41, 8-11-97)

(a)

Interpretation. In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. Whenever the provisions of this chapter require a greater width or size of yards or other open spaces, a lower height of buildings, a greater percentage of lot be left unoccupied, or other higher standards than are required in any other applicable statute, ordinance or regulation, the provisions of this chapter shall govern.

(b)

Validity. The requirements and provisions of this chapter are severable, and should any section or part thereof be declared by any court of competent jurisdiction to be unconstitutional or invalid the decision of the court shall not affect the validity of the chapter as a whole or any section or part thereto other than the section or part thereof so declared to be unconstitutional or invalid.

(c)

Effective date. This chapter shall take effect at noon the _______ 1997.

(d)

Repealer. All ordinances or parts of ordinances conflicting with any provisions of this chapter are hereby repealed insofar as same conflict with and affect this chapter.

(Ord. No. 552, Ch. III, § 42, 8-11-97)

(a)

Placement requirements.

(1)

Any owner or person in control of any property which is held out to the public as a place for parking consisting of fifteen (15) or more parking spaces shall be responsible for the procurement, placement, and maintenance of litter receptacles according to the following:

(A)

Parks, recreation areas, campgrounds, and transient vehicle parks—One (1) at each restroom, concession stand, picnic pavilion, and trail head;

(B)

Retail stores, shopping centers, and theaters—One (1) for the first fifteen (15) parking spaces, plus one for every (50) additional parking spaces;

(C)

Gasoline service stations—One (1) per pump island with a minimum of one on each side of the station where pumps are located;

(D)

Restaurants, drive-ins, fast-food outlets, taverns and convenience stores—One (1) per establishment;

(E)

Marinas or piers—One (1) per pier plus one additional for each fifteen (15) boat slips;

(F)

Festivals and other outdoor events—One for each special restroom, one (1) every two (200) feet of walking area, one (1) for each special parking area of one hundred fifty (150) spaces, and one (1) at each food service area.

(G)

Construction sites—Contractors engaged in new construction or substantial rehabilitation of buildings or other large scale public works projects shall provide at least one (1) litter receptacle at the construction site with additional receptacles as needed to prevent scattering of litter by workers.

(2)

Parking facilities utilized on a shared basis by more than one (1) business, person, group or institution consisting of thirty (30) or more parking spaces shall be provided with receptacles by those entities on a shared basis, with responsibility falling jointly upon them regardless of proximity.

(b)

Receptacle design standards. Litter receptacles procured and placed in public places as required by this article shall meet the following minimum standards:

(1)

General specifications.

(A)

The body of each litter receptacle shall be constructed of a minimum of 24-gauge galvanized metal or other material of equivalent strength, that will withstand normal wear and tear and reasonably resist corrosion and acts of vandalism.

(B)

Receptacles should be constructed, covered, or used in such a manner as to prevent or preclude the blowing of litter from the receptacle.

(C)

Openings in covered litter receptacles shall be readily identifiable and readily accessible for the deposit of litter.

(D)

Construction and general configuration of litter receptacles shall be in conformance with all pertinent laws, ordinances, resolutions or regulations pertaining to fire, safety, public health, or welfare.

(E)

Litter receptacles shall have a fifteen (15) liquid gallon capacity.

(2)

Color and marking.

(A)

The entire outer surface of each litter receptacle shall be white, navy blue, dark brown, or tan, if painted, however, if construction consists of aggregate concrete or wood, its natural color is acceptable.

(B)

Each litter receptacle may bear the official Louisiana anti-litter logo.

(C)

When the official state logo is used, no commercial advertisement shall be placed on any litter receptacle within eight (8) inches of the official logo; and any such advertising may not exceed the logo in area. The owner of the receptacle may place a single line on the receptacle identifying ownership, and a single credit line designating any donor of the litter receptacle other than the owner. That lettering may not exceed one-half (½) inch in height and may not interfere with or distract from the prominence of the anti-litter symbol.

(3)

Maintenance.

(A)

Compliance with these minimum standards shall include disposal of waste matter deposited, proper upkeep, maintenance and repair of litter receptacles sufficient to permit such receptacles to serve the functions for which they were designed and to prevent the appearance of such receptacles from becoming unsightly. Inadequately maintained or unsightly litter receptacles shall be a violation of these minimum standards.

(B)

Whenever litter receptacles are placed in any public place other than where required by these rules and regulations, such receptacles shall conform to the provisions of this article.

(Ord. No. 552, Ch. III, § 43, 8-11-97)

(a)

No person shall establish or maintain any animal pen, stable, barnyard, rabbit hutch, chicken house or other place for the raising or breeding or livestock as defined in section 16.12.060, except as provided in these regulations.

(b)

Any place for the keeping or housing of animals shall be maintained in a clean and sanitary condition at all times, such that no vermin, insects, or other pests will find it a suitable habitat within which to propagate.

(c)

Any place where animals are kept or housed shall not exude any unpleasant odors.

(Ord. No. 552, Ch. III, § 44, 8-11-97)

No mobile home shall be placed on any site within the town's limits to be used for residential or commercial purposes without the selling dealer and mover, or either of them, first obtaining a permit from the zoning administrator and building inspector for the placement of that mobile home, and assuming responsibility for its placement in accordance with all laws and regulations.

(Ord. No. 552, Ch. III, § 450, 8-11-97)

(a)

No mobile sign shall be located or utilized for display purposes on any site or premises unless a sign permit has been issued by the building inspector for that location.

(b)

No permit for the erection or placement of mobile signs shall be issued without prior approval of the zoning administrator that its placement is or will be in conformance with these regulations.

(Ord. No. 552, Ch. III, § 46, 8-11-97)

(a)

Purpose. It is the purpose of this article to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the town, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the town. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or the corresponding provisions of the Louisiana Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.

(b)

Findings. Based on evidence of the adverse secondary effects of adult uses presented in reports made available to the board of aldermen as set forth in Ordinance No. 600-B enacting this article, and on findings, interpretations, and narrowing constructions incorporated in the cases described in said ordinance, the board has made specific findings concerning the adverse secondary effects of sexually oriented businesses and the need for additional requirements for the operation of such businesses.

(c)

Definitions.

(1)

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.

(2)

Adult bookstore, adult novelty store, or adult video store means a commercial establishment that devotes fifty (50) percent or more of its interior sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;

b.

Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

The term "Adult bookstore, adult novelty store, or adult video store" shall also include a commercial establishment which regularly maintains one or more "adult arcades". Floor space shall be measured by dividing the floor space where patrons or customers of the establishment are permitted where the primary sales or displays are of materials described above by the total floor space where patrons or customers of the establishment are permitted regardless of the materials.

(3)

Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which features persons who appear semi-nude. Regularity of appearances is not required for an establishment to constitute an adult cabaret; a single occasion of such appearance or appearances shall be sufficient to cause the establishment to be classified as an adult cabaret.

(4)

Adult motel means a motel, hotel, or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on or off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

b.

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

(5)

Adult motion picture theater means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

(6)

Chief of police means the chief of police of the Town of Delhi or his or her designee.

(7)

Controlling interest means the power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote twenty (20) percent or more of any class of voting securities or ownership interests of a business. The ownership, control, or power to vote twenty per cent or more of any class of voting securities or ownership interests of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.

(8)

Distinguished or characterized by an emphasis upon means the dominant or principal theme of the object described by such phrase. For instance, when the phase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or description of specified anatomical areas or specified sexual activities.

(9)

Dual purpose business means a commercial establishment that devotes at least ten (10) percent of its interior sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:

a.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;

b.

Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others;

and which does not meet the definition of adult bookstore, adult novelty store or adult video store set forth above. Floor space shall be measured by dividing the floor space where patrons or customers of the establishment are permitted where the primary sales or displays are of materials described above by the total floor space where patrons or customers of the establishment are permitted regardless of the materials.

(10)

Employ, employee, and employment describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include an independent contractor or a person working for an independent contractor who performs any service on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises, or for the rendition of services incidental to the business of the establishment but not an integral part thereof, such as accounting or legal services.

(11)

Escort means a person who, for compensation, agrees or offers to engage in any of the following acts:

a.

Act as a social companion, guide, or date for another person;

b.

Privately model lingerie with the intention of and for the purpose of providing sexual stimulation or sexual gratification to the customer;

c.

Privately disrobe for another person with the intention of providing sexual stimulation or sexual gratification to the customer;

d.

Agree to come to a specified location for the purpose of disrobing and for the purpose of providing sexual stimulation or sexual gratification to the customer;

e.

To perform any act where one or more of the persons is nude, semi-nude or in a state of nudity or for the purpose of providing sexual stimulation or sexual gratification to the customer.

(12)

Escort agency means a person or business association who, whether on or off the licensed premises, furnishes, offers to furnish, or advertises to furnish escorts, as defined herein, for compensation.

(13)

Establish or establishment shall mean and include any of the following:

a.

The opening or commencement of any sexually oriented business as a new business;

b.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

c.

The addition of any sexually oriented business to any other existing sexually oriented business.

(14)

Exotic dancer refers to a male or female dancer that performs semi-nude or nude for compensation.

(15)

Exotic dance service refers to any business or person who provides exotic dancers to perform at a private residence, business, or other location (other than an adult cabaret) within the city limits.

(16)

Licensee shall mean a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an employee, it shall mean the person in whose name the sexually oriented business employee license has been issued.

(17)

Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

(18)

Operate or cause to operate shall mean to cause to function or to put or keep in a state of doing business. "Operator" means any persons on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

(19)

Person shall mean individual, proprietorship, partnership, corporation, association, or other legal entity.

(20)

Prostitute refers to a person who has been convicted of prostitution or prostitution by massage, or who engages in activities, that, if prosecuted, would constitute the criminal offense of prostitution or prostitution by massage under the Louisiana Revised Statutes; provided, however, that a person shall not be considered a prostitute if he or she is not currently engaging in activities, that, if prosecuted, would constitute the criminal offense of prostitution or prostitution by massage under the Louisiana Revised Statutes, and if:

a.

More than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for such person's last conviction of prostitution or prostitution by massage, whichever is the later date, if the conviction was for a misdemeanor offense; or

b.

More than five (5) years have elapsed since the date of the conviction or the date of release from confinement imposed for such person's last conviction of prostitution or prostitution by massage, whichever is the later date, if the conviction was for a felony offense.

(21)

Regularly features or regularly shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business.

(22)

Semi-nude or state of semi-nudity shall mean a state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided that the areola and nipple are not exposed in whole or in part.

(23)

Semi-nude model studio means any place where a person, who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons. It is a defense to prosecution for any violation of this articler that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:

a.

By a college, junior college, or university supported entirely or partly by taxation;

b.

By a private college or university which maintains and operates educational programs in which credited are transferable to college, junior college, or university supported entirely or partly by taxation; or

c.

In a structure:

1.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

2.

Where, in order to participate in a class a student must enroll at least three days in advance of the class.

(24)

Sexually oriented business means any establishment that is an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, exotic dance service, or semi-nude model studio as defined in this section, as well as any other establishment that regularly features or regularly shows any sexually oriented entertainment activity, including any dual purpose business.

(25)

Sexually oriented entertainment activity means the sale, rental, or exhibition for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances which are characterized by an emphasis on the exposure or display of specific sexual activity.

(26)

Specified anatomical areas shall mean human genitals, anus, and/or the female breast areola or nipple.

(27)

Specified criminal activity means any of the following offenses:

a.

La. R.S. 14:41—43.5 (rape and sexual battery offenses); La. R.S. 14:80-81.2 (sexual offenses affecting minors); La. R.S. 14:82-86 (offenses concerning prostitution); La. R.S. 14:104-6.1 (offenses concerning disorderly places and obscenity); La. R.S. 14:281—284 (operating places of prostitution, voyeurism); La. R.S. 40:971, et seq. (Uniform Controlled Dangerous Substances Law); engaging in organized criminal activity relating to a sexually oriented business, specifically La. R.S. 14:230 (money laundering) La. R.S. 33:2845 (tax evasion); criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or offenses in other jurisdictions that, if the acts would have been committed in Louisiana, would have constituted any of the foregoing offenses; for which:

1.

Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

2.

Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

3.

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

b.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

(28)

Specified sexual activity means any of the following:

a.

Sex acts, normal or perverted, including intercourse, oral copulation, masturbation or sodomy; or

b.

Excretory functions as a part of or in connection with any of the activities described in a. above.

(29)

Transfer of ownership or control of a sexually oriented business shall mean any of the following:

a.

The sale, lease, or sublease of the business;

b.

The transfer of securities (including interests in a limited liability company or partnership) or other ownership interests which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

c.

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(30)

Video includes image reproduction and display by videotape or any other medium, such as digital video disk or compact disk, which produces moving or still images on a screen, wall, or other similar display.

(31)

Viewing room shall mean the room, booth, or area where a patron of sexually oriented business would ordinarily be positioned while watching a film, videocassette, or other video or visual production or reproduction.

(Ord. No. 600-B, § 1, 9-13-04)

Sexually oriented businesses shall be classified as follows:

(1)

Adult arcades, adult bookstores, adult novelty stores, adult video stores;

(2)

Adult cabarets;

(3)

Adult motels;

(4)

Adult motion picture theaters;

(5)

Escort agencies;

(6)

Exotic dance services;

(7)

Dual purpose businesses;

(8)

Other sexually oriented businesses.

(Ord. No. 600-B, § 1, 9-13-04)

(a)

No sexually oriented business shall be operated within one thousnad (1,000) feet of:

(1)

A public park or public library.

(2)

A nonprofit educational museum.

(3)

A church or synagogue.

(4)

A public or private elementary or secondary school.

(5)

A day care center or kindergarten.

(6)

Another sexually oriented business.

(7)

A structure that contains another sexually oriented business.

(b)

No sexually oriented business shall be operated within one thousand (1,000) feet of a residential zoning district.

(c)

Sexually oriented businesses shall be allowed only in the I-1 Business District-North Industrial Park on Superior Drive.

(d)

Measurement.

(1)

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where a sexually oriented business is located or conducted to the nearest property line of the premises of a church, public park, public or private elementary or secondary school, day care or kindergarten, residential district, or building site dedicated or devoted to a residential use.

(2)

Measurement between any two (2) sexually oriented businesses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one establishment to the exterior wall of the other establishment.

(e)

Nonconforming.

(1)

Any person or entity holding a certificate of occupancy for a lawful business and actually operating a sexually oriented business on the effective date of this article, but not in compliance with the requirements of this article shall be permitted to continue to operate as a nonconforming sexually oriented business at the site of the previous use; provided, however, that should such business cease to operate or be discontinued for any period of time, it shall not thereafter be reestablished without being in full compliance with all provisions of this article and other applicable codes and ordinances. The terms "cease to operate" or "discontinued for any period of time" shall mean the voluntary or intentional termination, cessation or discontinuance of the business by the owner or other party in interest or an involuntary termination of the business resulting from a violation of any applicable rule, regulation, ordinance, statute or law. The nonconforming use shall not be deemed to terminate if the cessation, termination of discontinuance of the business operations are caused by an act of God, or other catastrophic occurrence or event not caused by or under the control of the business owner or other party in interest. The holder of the certificate of occupancy or operator of the business shall be responsible for providing documentation, acceptable to the zoning administrator, that a nonconforming sexually oriented business has not ceased to operate or been discontinued. A nonconforming sexually oriented business shall not be enlarged, increased or altered, as provided in applicable sections of this Chapter 16-12. Any change in use shall require full compliance with all provisions of this article and other applicable codes.

(2)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to approval of the sexually oriented business, of a church, public park, public or private elementary or secondary school, day care or kindergarten, residential district or residential lot within one thousand (1,000) feet of the sexually oriented business.

(f)

Issuance of certificate of occupancy. Prior to issuance of a certificate of occupancy, the owner or applicant shall be required to sign a written statement verifying that a sexually oriented business is being operated as defined by this article.

(Ord. No. 600-B, § 1, 9-13-04)