- EXCEPTIONS AND MODIFICATIONS
The regulations herein set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance.
The height regulations as stated in this ordinance shall not apply to:
A.
Churches, schools, hospitals, sanitariums, public, semi-public or public service buildings and institutions. There shall be no restrictions on the height of such buildings provided the front, side, and rear yards required in the district in which such building is to be located shall be increased an additional one (1) foot [for each one (1) foot] that the building exceeds the maximum height permitted in such district.
B.
Barns, silos, and other farm structures when located on farms; belfries, cupolas, domes, flagpoles, and monuments; water towers, transmission towers, windmills, chimneys, smoke stacks, radio towers, masts and aerials, conveyors, fire towers, and oil derricks, church spires and ornamental towers and spires.
C.
Bulkheads, elevator penthouses, water tanks, cooling towers, stage towers, or scenery lofts, and similar structures provided that such structures shall not cover not more than twenty-five percent (25%) of the total roof area of the building on which such structure is located.
D.
In the case of cemeteries or mausoleums, no building, structure, tomb or vault may exceed thirty-five (35) feet in height, regardless of the district in which it is located.
A.
When less than fifty percent (50%) of a building's total floor area is occupied by dwelling units in commercial and industrial districts, no side yards are required except such side yards as may be required in the district regulations for a commercial or industrial building on the side of a lot abutting on a dwelling district. When a side yard is provided, though not required, such yard shall be not less than three (3) feet in width.
Where a rear yard is provided, though not required, such yard shall not be less than three (3) feet in depth.
B.
More than one (1) main institutional building, public or semi-public, commercial or industrial building may be located upon a lot or tract, provided no such building or portion thereof is located outside the buildable area of the lot.
C.
For the purpose of side yard regulations, a two-family, three-family, or four-family dwelling, a group of row houses, a multiple-family dwelling, electric substation or gas pressure regulating and metering station for public utility purposes shall be considered as one (1) building occupying one (1) lot.
D.
Open or lattice enclosed fire escapes, fireproof stairways and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into a rear yard may be permitted by the zoning administrator for a distance of not more than five (5) feet but only when the same are so placed as not to obstruct light and ventilation.
E.
Power plants, heating or air conditioning units, apparatus or machinery, which are accessory to permitted uses in the residential districts, shall be permitted in the required side yard. They shall also be permitted in the required side yard provided that a minimum clearance of at least two (2) feet is provided between the apparatus or machinery and the side lot line. All such apparatus or machinery shall be so placed and screened as not to cause serious annoyance to occupants of adjoining property.
F.
In the case of cemeteries or mausoleums a minimum fifty (50) foot landscaped setback shall be observed from property lines abutting streets or canals and a minimum one hundred (100) foot setback shall be observed along all other property lines. Such setbacks shall be kept free of all buildings, structures and tombs, etc. Ground interment and private roadways, however, shall be permitted no closer than twenty-five (25) feet to any property line. No setback is required on a side abutting another existing cemetery.
G.
Whenever an industrial tract or site is adjacent to, abuts or is across from a residential district, no building or structure may be located closer than one hundred (100) feet to such residential district. However, where a street separates the industrial district the setback need not exceed fifty (50) feet from the side abutting the street. This provision shall not apply to industrial sites of one (1) acre or less. In such cases the yard requirements of the residential district shall apply to the side adjacent to, abutting, or across from the residential district.
H.
When a lot in a commercial district abuts a lot in a residential district there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.
I.
Where the frontage on one side of a street between two (2) parallel streets constituting a single block is zoned partly as residential and partly as commercial or industrial, the front yard depth in the commercial or industrial district shall be required to conform to the front yard of the residential district.
J.
On every corner lot there shall be provided on the side street a side yard equal in depth to one-half (½) the required front yard depth on the said side street; the front yard requirements of a residential district shall prevail over that of a commercial or industrial use.
K.
In the case of residential lots having a depth of eighty (80) feet or less, the minimum front yard shall be fifteen (15) feet.
A.
Where a lot or parcel of land has an area less than the minimum requirements for the district in which it is located but was a lot of record in separate ownership from adjacent property at the time of passage of this ordinance, such lot, tract, or parcel may be used only for single-family residential purposes or for any nonresidential purposes permitted in the district in which the property is located.
B.
No cemetery or mausoleum may be located on a site less than fifteen (15) acres in size.
A.
Every part of a required yard shall be open to the sky except ordinary projections not over eighteen (18) inches except that a roof, utter, or eaves, awning or canopy may project to the extent of four (4) feet providing at least three (3) feet remains open to the sky between the farthest projection of the roof, gutter or eaves, awning or canopy and the side property line.
B.
A carport or porte-cochere, attached to or detached from the main building, may be constructed in a required side yard and may be attached to an enclosed accessory building provided that no wall of such accessory building is less than fifty (50) feet from the front lot line nor less than three (3) feet from the side lot line; provided further that such carport and accessory building does not exceed thirty (30) feet; and that the height of such carport or accessory building does not exceed thirteen (13) feet. A carport attached to the main building shall be unenclosed on the street side and on the side nearest the side lot line; a carport detached from the main building shall be unenclosed on the street side and on both sides approximately paralleling the side lot line.
C.
An open unenclosed, uncovered porch, terrace or steps not greater in elevation than the ground floor may project into a required front yard a distance from the building line to the front property line; or project into a required side yard to a point not closer than five (5) feet to any side lot line. This shall not be interpreted to include or permit fixed marquees or canopies except where otherwise provided herein.
D.
On a corner lot in any district, no fence, wall, hedge, or other structure or planting more than three (3) feet in height shall be erected, placed, or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are ninety (90) feet distant from the point of intersection measured along said street lines.
A.
Any accessory building that is not part of the main building may be built in a required side yard, provided such accessory building is not less than fifty (50) feet from the front lot line, nor less than three (3) feet from the nearest interior side lot line. On through lots an accessory building may be built in a required side yard if no part of such accessory building is less than three (3) feet from the nearest interior side lot line and no portion of such building is located in either front yard.
B.
Accessory buildings may be built in a required rear yard provided such accessory buildings shall not occupy more than forty percent (40%) of the required rear yard and provided further, in any case where accessory buildings are not built on the side or rear lot line, such accessory buildings shall not be located less than three (3) feet from either side or rear lot line; nor shall more than one (1) accessory building cover any part of a required rear or side yard.
C.
On a corner lot where a side yard is required there shall be a minimum distance between any accessory building and the side street line equivalent to the width of the required side yard on the side of the lot abutting on the side street. Where a lot in the rear of the corner lot fronts on the side street, no part of any accessory building on the corner lot within twenty-five (25) feet of the common lot line shall project beyond the prolongation of the front yard line of the lot in the rear, provided, however, that this limitation shall not reduce the buildable length of an accessory building to less than twenty (20) feet.
D.
Accessory buildings or structures permitted in a required rear or side yard by this ordinance shall not exceed thirteen (13) feet in height.
E.
On a corner lot or an interior lot an accessory building may project from the required rear yard into a required side yard on or approximately parallel to an interior side lot line, provided no portion of the accessory building is located over twenty-five (25) feet from the rear property line.
A.
Power plants, heating or refrigerating plants, or apparatus or machinery which are accessory to permitted uses in the R-1, R-2, and R-3 Residential districts shall be permitted in these districts only if so placed and operated to cause the least inconvenience to owners and tenants of adjoining lots and buildings; and provided that all of the above mentioned activities comply with the existing parish ordinances and do not cause serious annoyance or injury to occupants of adjoining premises by reason of the emission of odors, fumes, or gases, dust, smoke, noise or vibration, light or glare, or other nuisance.
B.
Existing railroads and utilities may continue to be operated and maintained in residential and commercial districts but no new railroad or utility structure other than the usual poles, transformers, and similar appurtenances, wires, underground utilities, electric substation and gas metering and pressure regulating stations shall be established in such districts except when so authorized by the board of zoning adjustment.
C.
Fences, not exceeding seven (7) feet in height, may be erected along the boundaries of a lot or yard area, one segment of which may be erected in each required side yard area, in alignment approximately parallel to the front lot line and connecting the main building with a fence on or along a side lot line. (See Section VII, Exceptions and Modifications, subsection 7.5, paragraph D, for corner lot exception.)
D.
Temporary buildings used in conjunction with construction work only may be permitted in any district during the period the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
E.
Where the boundary line of a commercial or industrial district abuts a residential district the property within three hundred (300) feet next adjoining to either side of such commercial or industrial district may be used for off-street parking which is provided as supplemental to the required off-street parking on the site of such commercial or industrial use and shall be subject to the following conditions:
(1)
This provision will not apply when the districts are on opposite sides of a street.
(2)
Parking area shall serve only the establishments abutting such parking area.
(3)
The front yard requirements of the residential district in which such off-street parking is to be provided shall be observed.
(4)
That along the lot lines of the parking area abutting on the residential district there shall be established and maintained planting area having a minimum width of four (4) feet or a wall. The planting shall be dense, not less than seven (7) feet in height and shall be maintained in a healthy growing condition.
(5)
Lighting facilities when provided shall be so designed that light is reflected away from residential properties.
(6)
All parking areas shall be surfaced with concrete or bituminous materials and shall be maintained in a dust-free condition.
(7)
The zoning administrator certifies that all requirements are satisfactorily contained on a plan submitted by the applicant.
(8)
All above requirements must remain in effect as long as the commercial and industrial uses exist for which the parking area is required.
F.
(1)
All building permits for proposed new development or redevelopment within the Donaldsonville corporate limits in the flood hazard areas must be reviewed by the city planning commission with respect to flood prevention measures. Approval shall be granted only after compliance with the following provisions, as determined by the commission:
a.
All such proposals shall be consistent with the need to minimize flood damage.
b.
All public utilities and facilities such as sewer, gas, electrical, and water systems shall be located, elevated, or otherwise constructed so as to minimize flood damage.
c.
Adequate drainage shall be provided so as to reduce exposure to flood hazards.
d.
New water and sewer systems (including on-site systems) shall be located so as to avoid impairment or contamination of the system during flooding.
(2)
The following special provisions shall also be complied with for all new construction or improvements on any land proposed for development which is located below the level of the one hundred (100) year flood in a flood hazard area:
a.
The development must be located above the elevation of the flood plain designated for the flood hazard area.
b.
Residential structures must be elevated on adequately anchored piles or columns to a lowest floor level at or above the one hundred (100) year flood level and securely anchored to such piles or columns.
c.
Residential structures must have no basement and they must have the space below the lowest floor free of obstructions so that the impact of flood water is minimized.
d.
Nonresidential construction must be elevated or adequately floodproofed to the one hundred (100) year flood level.
(3)
Existing developments and structures located on land below the elevation of the one hundred (100) year flood in flood hazard areas shall not be expanded unless they comply with the standards cited in Section VI, G, 2 of the subdivision regulations adopted by the city council of Donaldsonville.
(4)
No use of land located in a flood hazard area shall increase the one hundred (100) year flood level more than one (1) foot.
- EXCEPTIONS AND MODIFICATIONS
The regulations herein set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance.
The height regulations as stated in this ordinance shall not apply to:
A.
Churches, schools, hospitals, sanitariums, public, semi-public or public service buildings and institutions. There shall be no restrictions on the height of such buildings provided the front, side, and rear yards required in the district in which such building is to be located shall be increased an additional one (1) foot [for each one (1) foot] that the building exceeds the maximum height permitted in such district.
B.
Barns, silos, and other farm structures when located on farms; belfries, cupolas, domes, flagpoles, and monuments; water towers, transmission towers, windmills, chimneys, smoke stacks, radio towers, masts and aerials, conveyors, fire towers, and oil derricks, church spires and ornamental towers and spires.
C.
Bulkheads, elevator penthouses, water tanks, cooling towers, stage towers, or scenery lofts, and similar structures provided that such structures shall not cover not more than twenty-five percent (25%) of the total roof area of the building on which such structure is located.
D.
In the case of cemeteries or mausoleums, no building, structure, tomb or vault may exceed thirty-five (35) feet in height, regardless of the district in which it is located.
A.
When less than fifty percent (50%) of a building's total floor area is occupied by dwelling units in commercial and industrial districts, no side yards are required except such side yards as may be required in the district regulations for a commercial or industrial building on the side of a lot abutting on a dwelling district. When a side yard is provided, though not required, such yard shall be not less than three (3) feet in width.
Where a rear yard is provided, though not required, such yard shall not be less than three (3) feet in depth.
B.
More than one (1) main institutional building, public or semi-public, commercial or industrial building may be located upon a lot or tract, provided no such building or portion thereof is located outside the buildable area of the lot.
C.
For the purpose of side yard regulations, a two-family, three-family, or four-family dwelling, a group of row houses, a multiple-family dwelling, electric substation or gas pressure regulating and metering station for public utility purposes shall be considered as one (1) building occupying one (1) lot.
D.
Open or lattice enclosed fire escapes, fireproof stairways and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into a rear yard may be permitted by the zoning administrator for a distance of not more than five (5) feet but only when the same are so placed as not to obstruct light and ventilation.
E.
Power plants, heating or air conditioning units, apparatus or machinery, which are accessory to permitted uses in the residential districts, shall be permitted in the required side yard. They shall also be permitted in the required side yard provided that a minimum clearance of at least two (2) feet is provided between the apparatus or machinery and the side lot line. All such apparatus or machinery shall be so placed and screened as not to cause serious annoyance to occupants of adjoining property.
F.
In the case of cemeteries or mausoleums a minimum fifty (50) foot landscaped setback shall be observed from property lines abutting streets or canals and a minimum one hundred (100) foot setback shall be observed along all other property lines. Such setbacks shall be kept free of all buildings, structures and tombs, etc. Ground interment and private roadways, however, shall be permitted no closer than twenty-five (25) feet to any property line. No setback is required on a side abutting another existing cemetery.
G.
Whenever an industrial tract or site is adjacent to, abuts or is across from a residential district, no building or structure may be located closer than one hundred (100) feet to such residential district. However, where a street separates the industrial district the setback need not exceed fifty (50) feet from the side abutting the street. This provision shall not apply to industrial sites of one (1) acre or less. In such cases the yard requirements of the residential district shall apply to the side adjacent to, abutting, or across from the residential district.
H.
When a lot in a commercial district abuts a lot in a residential district there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.
I.
Where the frontage on one side of a street between two (2) parallel streets constituting a single block is zoned partly as residential and partly as commercial or industrial, the front yard depth in the commercial or industrial district shall be required to conform to the front yard of the residential district.
J.
On every corner lot there shall be provided on the side street a side yard equal in depth to one-half (½) the required front yard depth on the said side street; the front yard requirements of a residential district shall prevail over that of a commercial or industrial use.
K.
In the case of residential lots having a depth of eighty (80) feet or less, the minimum front yard shall be fifteen (15) feet.
A.
Where a lot or parcel of land has an area less than the minimum requirements for the district in which it is located but was a lot of record in separate ownership from adjacent property at the time of passage of this ordinance, such lot, tract, or parcel may be used only for single-family residential purposes or for any nonresidential purposes permitted in the district in which the property is located.
B.
No cemetery or mausoleum may be located on a site less than fifteen (15) acres in size.
A.
Every part of a required yard shall be open to the sky except ordinary projections not over eighteen (18) inches except that a roof, utter, or eaves, awning or canopy may project to the extent of four (4) feet providing at least three (3) feet remains open to the sky between the farthest projection of the roof, gutter or eaves, awning or canopy and the side property line.
B.
A carport or porte-cochere, attached to or detached from the main building, may be constructed in a required side yard and may be attached to an enclosed accessory building provided that no wall of such accessory building is less than fifty (50) feet from the front lot line nor less than three (3) feet from the side lot line; provided further that such carport and accessory building does not exceed thirty (30) feet; and that the height of such carport or accessory building does not exceed thirteen (13) feet. A carport attached to the main building shall be unenclosed on the street side and on the side nearest the side lot line; a carport detached from the main building shall be unenclosed on the street side and on both sides approximately paralleling the side lot line.
C.
An open unenclosed, uncovered porch, terrace or steps not greater in elevation than the ground floor may project into a required front yard a distance from the building line to the front property line; or project into a required side yard to a point not closer than five (5) feet to any side lot line. This shall not be interpreted to include or permit fixed marquees or canopies except where otherwise provided herein.
D.
On a corner lot in any district, no fence, wall, hedge, or other structure or planting more than three (3) feet in height shall be erected, placed, or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are ninety (90) feet distant from the point of intersection measured along said street lines.
A.
Any accessory building that is not part of the main building may be built in a required side yard, provided such accessory building is not less than fifty (50) feet from the front lot line, nor less than three (3) feet from the nearest interior side lot line. On through lots an accessory building may be built in a required side yard if no part of such accessory building is less than three (3) feet from the nearest interior side lot line and no portion of such building is located in either front yard.
B.
Accessory buildings may be built in a required rear yard provided such accessory buildings shall not occupy more than forty percent (40%) of the required rear yard and provided further, in any case where accessory buildings are not built on the side or rear lot line, such accessory buildings shall not be located less than three (3) feet from either side or rear lot line; nor shall more than one (1) accessory building cover any part of a required rear or side yard.
C.
On a corner lot where a side yard is required there shall be a minimum distance between any accessory building and the side street line equivalent to the width of the required side yard on the side of the lot abutting on the side street. Where a lot in the rear of the corner lot fronts on the side street, no part of any accessory building on the corner lot within twenty-five (25) feet of the common lot line shall project beyond the prolongation of the front yard line of the lot in the rear, provided, however, that this limitation shall not reduce the buildable length of an accessory building to less than twenty (20) feet.
D.
Accessory buildings or structures permitted in a required rear or side yard by this ordinance shall not exceed thirteen (13) feet in height.
E.
On a corner lot or an interior lot an accessory building may project from the required rear yard into a required side yard on or approximately parallel to an interior side lot line, provided no portion of the accessory building is located over twenty-five (25) feet from the rear property line.
A.
Power plants, heating or refrigerating plants, or apparatus or machinery which are accessory to permitted uses in the R-1, R-2, and R-3 Residential districts shall be permitted in these districts only if so placed and operated to cause the least inconvenience to owners and tenants of adjoining lots and buildings; and provided that all of the above mentioned activities comply with the existing parish ordinances and do not cause serious annoyance or injury to occupants of adjoining premises by reason of the emission of odors, fumes, or gases, dust, smoke, noise or vibration, light or glare, or other nuisance.
B.
Existing railroads and utilities may continue to be operated and maintained in residential and commercial districts but no new railroad or utility structure other than the usual poles, transformers, and similar appurtenances, wires, underground utilities, electric substation and gas metering and pressure regulating stations shall be established in such districts except when so authorized by the board of zoning adjustment.
C.
Fences, not exceeding seven (7) feet in height, may be erected along the boundaries of a lot or yard area, one segment of which may be erected in each required side yard area, in alignment approximately parallel to the front lot line and connecting the main building with a fence on or along a side lot line. (See Section VII, Exceptions and Modifications, subsection 7.5, paragraph D, for corner lot exception.)
D.
Temporary buildings used in conjunction with construction work only may be permitted in any district during the period the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
E.
Where the boundary line of a commercial or industrial district abuts a residential district the property within three hundred (300) feet next adjoining to either side of such commercial or industrial district may be used for off-street parking which is provided as supplemental to the required off-street parking on the site of such commercial or industrial use and shall be subject to the following conditions:
(1)
This provision will not apply when the districts are on opposite sides of a street.
(2)
Parking area shall serve only the establishments abutting such parking area.
(3)
The front yard requirements of the residential district in which such off-street parking is to be provided shall be observed.
(4)
That along the lot lines of the parking area abutting on the residential district there shall be established and maintained planting area having a minimum width of four (4) feet or a wall. The planting shall be dense, not less than seven (7) feet in height and shall be maintained in a healthy growing condition.
(5)
Lighting facilities when provided shall be so designed that light is reflected away from residential properties.
(6)
All parking areas shall be surfaced with concrete or bituminous materials and shall be maintained in a dust-free condition.
(7)
The zoning administrator certifies that all requirements are satisfactorily contained on a plan submitted by the applicant.
(8)
All above requirements must remain in effect as long as the commercial and industrial uses exist for which the parking area is required.
F.
(1)
All building permits for proposed new development or redevelopment within the Donaldsonville corporate limits in the flood hazard areas must be reviewed by the city planning commission with respect to flood prevention measures. Approval shall be granted only after compliance with the following provisions, as determined by the commission:
a.
All such proposals shall be consistent with the need to minimize flood damage.
b.
All public utilities and facilities such as sewer, gas, electrical, and water systems shall be located, elevated, or otherwise constructed so as to minimize flood damage.
c.
Adequate drainage shall be provided so as to reduce exposure to flood hazards.
d.
New water and sewer systems (including on-site systems) shall be located so as to avoid impairment or contamination of the system during flooding.
(2)
The following special provisions shall also be complied with for all new construction or improvements on any land proposed for development which is located below the level of the one hundred (100) year flood in a flood hazard area:
a.
The development must be located above the elevation of the flood plain designated for the flood hazard area.
b.
Residential structures must be elevated on adequately anchored piles or columns to a lowest floor level at or above the one hundred (100) year flood level and securely anchored to such piles or columns.
c.
Residential structures must have no basement and they must have the space below the lowest floor free of obstructions so that the impact of flood water is minimized.
d.
Nonresidential construction must be elevated or adequately floodproofed to the one hundred (100) year flood level.
(3)
Existing developments and structures located on land below the elevation of the one hundred (100) year flood in flood hazard areas shall not be expanded unless they comply with the standards cited in Section VI, G, 2 of the subdivision regulations adopted by the city council of Donaldsonville.
(4)
No use of land located in a flood hazard area shall increase the one hundred (100) year flood level more than one (1) foot.