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 code have been fulfilled. It is the intent of this chapter, with the accompanying map, to provide for the harmonious development of the City of DeRidder in accordance with the comprehensive plan heretofore made and adopted by the DeRidder 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. 1429, 7-26-04)

(a)

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

(b)

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

(Ord. No. 1429, 7-26-04)

Except as hereinafter provided:

(a)

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.

(b)

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.

(c)

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.

(d)

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.

(e)

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.

(f)

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

(g)

For every building or structure erected on any lot abutting on any street shown as a designated street on the major street plan (or the land use plan showing major streets), front and side yard depths as hereafter required, shall be computed and measured from the right-of-way lines as set forth in the future land use plan rather than from existing right-of-way lines.

(h)

Within each district the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

(Ord. No. 1429, 7-26-04)

(a)

Words used in the present tense include the future; words in the singular number include the plural; words in the plural number include the singular.

(b)

The verb "shall" indicates mandatory actions, while the verb "may" indicates optional actions.

(c)

For the purposes 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, such as a detached garage, barn, outdoor advertising system, storage building, etc.

Accessory use. A use incidental to but located on the same lot(s) as the principal use. The use may be detached from or attached to the principal structure. It must contribute to the comfort, convenience, or necessity of the occupants, business, or industry of the principal use; however, except as further restricted for "Home occupations", it shall not occupy more than forty (40) per cent of the total floor area of the principal and/or accessory structure on the lot(s).

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.

Antenna. Any structure or device for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes, and omni-directional antennas, such as whip antennas.

Boarding house, rooming house, or group home. A building where, for compensation and by contractual prearrangement, a group of between two (2) and six (6) persons are provided with meals and long term living accommodations in single room occupancy (SRO) arrangements.

•

SRO units do not contain individual kitchens.

•

Long term occupancy is defined as lasting fourteen (14) days or more.

Building. Any covered structure intended for the shelter, housing or enclosure of persons, animals, or chattels; the term building is included in 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 article; every building site shall abut upon a street.

Building site boundary. Any line separating a building site from a street, an alley, other 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, is maintained and controlled by a religious body organized to sustain public worship.

City engineer. The person, firm, or public agency designated by the city council as responsible for approving construction and design of public works such as streets, roads, bridges, subdivisions, etc.

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 professions; the clinic may include a dental or medical laboratory but shall not include inpatient care or operating rooms for major surgery.

Communications tower. As used in this chapter shall mean a tower, pole, or similar structure which supports a telecommunications antenna generally operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building.

Council. The city council of the City of DeRidder.

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

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

Dwelling, townhouse. One (1) 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, duplex. A detached building containing two (2) dwelling units under the same roof used by two (2) families living independently of each other. The term includes "garage apartment" and "grannie flat" but does not involve the placement of separate structures such as portable buildings, trailers, or other structures used as dwellings.

Dwelling, multiple-family. A detached building containing three (3) or more dwelling units and used by two (2) or more families living independently of each other; the term includes apartment house or apartment building, but does not include condominium or townhouse.

Easement or servitude. A grant to the public of access for specific purposes across private property by said property's owner.

Engineer. A professional engineer registered in the State of Louisiana.

Family. A single housekeeping unit containing a single person; or two (2) or more persons living together as a single unit and not occupying the same building under a purely monetary contract.

Floor area ratio. The ratio of the gross floor area of a building to the building site area of the lot it occupies.

Frontage. The distance which property abuts on a public street as measured along the dividing

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.

Height. Notwithstanding any other provision of this Code, height of a communications tower is the distance from the base of the tower to the top of the structure.

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 15-61 of this chapter.

Hotel or inn. 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".

•

A hotel or inn is to be distinguished from a boarding house by its inclusion of short-term occupants and by its allowance of more than six (6) guests.

•

A hotel is to be distinguished from a "Bed & Breakfast" which is operated as a home occupation according to section 15-61 of this chapter.

Hospital. An institution providing in-patient health services 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, the definition does not include:

(a)

Keeping common household pets such as dogs, cats, hamsters, or caged birds for personal comfort and not as a commercial activity or with any expectation of realizing any proceeds or otherwise profiting there from;

(b)

The occasional sale of pet offspring; and/or

(c)

Veterinary clinics providing indoor kennels.

Lot. A plot or parcel of land adequate for occupancy by a use herein permitted, providing the yards, area, off-street parking, and other standards herein required, and fronting directly upon a street. The following are the defined types of lots:

(a)

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 Beauregard Parish, or a lot described by metes and bounds, the description of which has been recorded in the office of the clerk of Beauregard Parish.

(b)

Corner lot. A lot which abuts two (2) or more streets and/or roads, at their intersection, or upon a curved street, provided that the two (2) sides of the lot or the tangents to the curve of the street line at its starting points at or within the side line of the lot intersect to form an interior angle of not more than one hundred thirty-five (135) degrees.

(c)

Interior lot. A lot which is not a corner lot.

(d)

Through lot. A lot the depth of which extends between two (2) more or less parallel streets and has frontage on both streets.

Lot characteristics. The following terms apply to the elements and characteristics of lots:

(a)

Lot depth. The distance between front and rear lot lines. For irregular shaped lots, the depth shall be deemed to be the mean distance between the front and rear lot lines.

(b)

Lot width. The width of the lot measured at right angles to the mean depth of said lot. For irregular shaped lots, the width shall be deemed to be the mean distance between the side lot lines.

(c)

Lot line, front. The front lot line of an interior lot is the line separating the lot from the street or easement of principal access. The front lot line of a corner lot shall be the lot line with the least frontage.

(d)

Lot line, rear. The rear lot line is the boundary opposite and more or less parallel to the front lot line. The rear lot line of an irregular lot shall be a line not less than ten (10) feet long, lying wholly within the lot, and parallel to and at the farthest distance from the front lot line.

(e)

Lot line, side. A side lot line is any lot boundary line not a front line or a rear lot line. A side lot line separating a lot from a street line is an exterior side lot line. Any other side lot line is an interior side lot line.

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 nontransient use as regulated by chapter 16 of the Code of Ordinances.

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

•

Class A: 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 15-61(b) of this chapter.

•

Class B: 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.

Modular home means a structure designed for residential occupancy, designed and constructed to the standards of the International Residential Code as adopted by the Louisiana State Uniform Construction Code; and

The term modular home does not include manufactured housing as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USCA 5401-5426.

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

Sign. On-premises, off-premises sign, and outdoor general advertising structures as follows:

•

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 is considered to be an off-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, as regulated in article III of this chapter.

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.

Planning commission. The planning commission is the DeRidder Planning Commission.

Setback line, building. A line indicated on filed subdivision plats. Buildings and structures may not occupy any space between building setback lines and dedicated rights-of-way.

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 located on the ground including but not limited to in-ground swimming pools, satellite reception antennas, fences, walls, etc.; the term structure includes the term building.

Telecommunication. As defined in the Federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Temporary portable storage unit or POD. A temporary portable storage unit or POD means any unit not less than six hundred (600) cubic feet in size, including, but not limited to, a trailer, box, or other shipping container, which is leased by a tenant primarily for use as storage space whether the unit is located at a facility owned by or operated by the owner or at another location designated by the tenant.

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 tow able 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. Such vehicles will sport vehicle identification numbers (VINs) rather than US Department of HUD construction standard registration numbers.

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.

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. 1429, 7-26-04; Ord. No. 1449, 2-28-05; Ord. No. 1932, 8-25-14; Ord. No. O-2015-38, 9-28-15; Ord. No. O-2016-49, 11-28-16)

(1)

Purpose. In order to accommodate the communications needs of residents and businesses while protecting the public health, safety, and general welfare of the community.

(2)

General prohibition. No person shall develop, install, locate or construct any tower in any district in the City of DeRidder except as expressly authorized in this section and in conformance with all other ordinances of the city. Towers will be allowed as special exceptions in accordance with this section.

(3)

Regulation of general applicability.

(a)

Co-location requirements. All wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements:

1.

A proposal for new wireless telecommunications service tower shall not be approved unless the city council finds that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile radius if the proposed tower equals or exceeds one hundred twenty (120) feet in height.

2.

A proposal for a new wireless telecommunication service tower shall not be approved unless the city council finds that the proposed tower cannot be accommodated on an existing or approved tower or building within one-half-mile radius if the proposed tower is less than one hundred twenty (120) feet in height.

3.

Any wireless telecommunication service tower owner shall not prohibit any other wireless telecommunication service provider from co-locating on a tower owner's existing tower so long as the other wireless telecommunications service provider pays the tower owner reasonable compensation according to industry standards for space on the tower and pays for any and all costs, if any are required, to ensure that the existing tower is structurally safe according to industry engineering parameters to place additional antennas on the tower.

(b)

Tower lighting. Towers shall be illuminated by artificial means and not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When tower lighting is not required by the FAA, red beacons shall be installed on towers greater than or equal to one hundred (100) feet in height. Any other outside lighting will be shielded and/or directed to ensure that it does not shine on adjacent property.

(c)

Signs and advertising. The use of any portion of a tower for other than warning or equipment information signs is prohibited.

(d)

Utility buildings. All utility buildings and other structures located on the same lot as a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of underlying zoning district.

(e)

Abandoned towers. In the event the use of any communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the towers shall be deemed abandoned. Determination of the date of abandonment shall be made by the director of public works who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional ninety (90) days within which to: 1) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or 2) dismantle and remove the tower. Ninety-one (91) days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception and/or variance approval for the tower shall automatically expire. Upon expiration, the director of public works may proceed with removal of the tower placing a lien against the tower operator and/or the landowner if land is under lease, to recover the cost of removal.

(f)

Antennas mounted on roofs, walls, and existing towers. The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the director of public works, provided the antennas meet the requirements of this Code, after submittal of a final site and building plan and a prepared report by a qualified and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure.

(g)

Facilities. Facilities shall be kept in a state of good condition/repair and the facility must be kept free of trash, outdoor storage, weeds and other debris.

(h)

Tower set backs. Tower set backs will be determined by the planning and zoning commission.

Additional submittal requirements. In addition to the information elsewhere in this Code, development applications for towers shall include the following supplemental information:

•

Applicant must submit plans and specifications certified by a licensed professional engineer in the State of Louisiana, that demonstrate compliance with the building code as adopted by the City of DeRidder.

•

Identification of the owners of all antennas and equipment to be located on the site.

•

Written authorization from the site owner, if different from tower owner, as well as any necessary easements will also be provided prior to final approval by the city council.

•

Additional information as required to determine that all applicable zoning regulations are met.

•

Evidence that a valid FCC license for the proposed activity has been issued.

•

Documentation that the proposed tower complies with regulations administered by the Federal Aviation Administration.

•

Documentation that all reasonable options for joint use have been exhausted.

•

A current map, or update for an existing map on file, showing locations of applicant's antennas, facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the city.

•

Documentation that all manufactured equipment to be installed on the structure meets or exceeds the Federal Communication Commission's standards.

•

Applicant must file with the director of finance a written indemnification of the municipality and proof of liability insurance or financial ability, to respond to claims up to one million dollars ($1,000,000.00) in the aggregate which may arise from the operation of the facility during its life, at no cost to the municipality, in a form approved by the city attorney.

•

Applicant must submit to the director of public works, structural integrity reports for the telecommunication tower on a biennial basis commencing two (2) years after completion of such tower. The City of DeRidder may conduct structural inspections and require repair, modification or removal as necessary.

•

Towers beginning as ground level will be fenced. Type of fence will be determined by the planning and zoning commission.

(4)

Permit requirements.

(a)

General. All telecommunication towers will require a permit. Application for permit will be accompanied by drawings, descriptive data, fee, ownership information and any other pertinent data as prescribed by the director of public works. A permit will be issued only after recommendation by the planning and zoning commission and approval of the special exception by the city council. Written authorization from the site owner, if different from the tower owner, will be provided prior to the city council approval of the special exception. A permit valid for one hundred twenty (120) days may be issued after city council approval of the special exception, pending the owner providing the required documentation in subsection (3)(h). Should the tower owner fail to provide the required documentation within one hundred twenty (120) days or obtain waivers, the permit and special exception are declared null and void.

(b)

Alterations/modifications to towers. Any alterations or modifications of towers must be coordinated with the director of public works through the code enforcement officer.

(c)

Waivers. Waivers may be issued by the city council when the council finds each of these conditions exist:

1.

That a literal application of this article will result in undue and unnecessary hardship to the applicant, taking into account any federal or state licenses the applicant may have received to conduct its business.

2.

The waiver, if granted, will not be contrary to the public interest as implemented in this article.

3.

Consistent with the city's police power authority over towers, the waiver, if granted, will not be detrimental to the public health, safety, or welfare.

4.

The waiver, if granted, will not result in a violation of any other applicable ordinance, regulation or statute enforceable by the city.

5.

The waiver, if granted, will not result in the violation of any applicable deed restriction or zoning regulation or the location of a tower in a park.

(5)

Exemptions. Ham radio antennas, television antennas, citizen band (CB) antennas and satellite receiving devices which are used by a single user and do not exceed fifty (50) feet in height are exempted from this section.

(Ord. No. 1449, 2-28-05; Ord. No. 1469, 7-11-05)

Placement of a modular home in Zoning Districts R-1 (Single-Family Residential District) and R-1-A (Residential District) be and same is hereby, prohibited.

All modular homes existing on the effective date of this section which do not comply with the requirements set forth herein are deemed to be nonconforming modular homes which will be allowed to remain at their existing locations without complying with the provisions of this section; however, any person proposing to move a nonconforming modular home to another location within the city must comply with all applicable requirements of the city's Code of Ordinances.

(Ord. No. O-2016-49, 11-28-16)

(a)

Definitions. As used in this section, the following terms shall have the meanings indicated:

Principal building means the main building on a property in terms of size, area, and function.

Facade means the face of a building, especially the principal front that looks onto a street or open space.

Metal material means a material (an element, compound, or alloy) that is typically hard when in solid state, opaque, shiny and has good electrical and thermal conductivity.

Ingress means the action or fact of going in or entering.

Egress means the action of going out of or leaving a place.

Construct means to build or erect a principal building.

Modify means to make partial, minor or major changes to a principal building.

(b)

Restrictions.

(1)

The facade of any principal building in city's Zoning Districts R-1 (Single-Family Residential), R-1-A (Residential), R-2 (Higher Density Single Family Residential), R-3 (Multiple-Family Residential), B-1 (Transitional Business), B-2 (Neighborhood Business), B-3 (General Business), B-4 (SE Redevelopment), and B-5 (Central/Downtown Development) shall not be constructed with any exposed metal materials. However, architectural metal cladding and architectural metal cladding features integrated into the facade design may be permitted during the initial plan review process.

(2)

The facade of any principal building in city's Zoning Districts R-1 (Single-Family Residential), R-1-A (Residential), R-2 (Higher Density Single Family Residential), R-3 (Multiple-Family Residential), B-1 (Transitional Business), B-2 (Neighborhood Business), B-3 (General Business), B-4 (SE Redevelopment), and B-5 (Central/Downtown Development) shall not be modified with any exposed metal materials, However, architectural metal cladding and architectural metal cladding features integrated into the facade design may be permitted subject to the procedures for issuance of a permit under subsection (b)(4) of this section.

(3)

Approved metal materials may be used for any facade which does not face a public street and does not allow for public ingress and egress.

(4)

No person shall modify any principal building as defined herein without first obtaining a construction permit as follows:

a.

Application for the permit must be made in writing upon forms provided by the director of public works and shall contain the following requirements:

i.

Name, address and telephone number of the applicant; and

ii.

A detailed drawing showing a description of modification details and types of materials to be used on the proposed principal building.

b.

Prior to the issuance of a permit to modify a principal building, the applicant shall pay the non-refundable permit fee in the amount of $250.00.

c.

The director of public works shall evaluate applications for permits for conformance to the standards of this section.

d.

Within thirty (30) days after receipt of a complete application for permit, the director of public works shall issue a decision granting or denying the permit. The director of public works shall notify the applicant in writing of his decision provided that the proposed modification is in compliance with all the requirements of this section, as well as all other laws of the city and state.

e.

An applicant may appeal the decision of the public works director to the city's planning and zoning commission. Appeals shall be filed within thirty (30) days of the public works director's decision. Appeals shall be filed in writing with the planning and zoning department, 200 South Jefferson, DeRidder, Louisiana.

f.

Upon receipt of the request for appeal, the planning and zoning commission must hear the appeal at its next monthly meeting held on the third Monday of each calendar month. The planning and zoning commission may override the decision of the public works director by a two-thirds (2/3) vote of the full commission.

g.

No permit for construction under this section shall be issued by city until all appeals periods have expired or until final decision has been made by the planning and zoning commission.

(5)

Any person, firm, or corporation violating any provision of this section shall be punishable as set forth in chapter 15 of the city's Code of Ordinances.

(Ord. No. O-2018-19, 4-23-18)