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Franklinton City Zoning Code

SECTION 4

- Commercial district.

C-1: Light Commercial.

4.100. District; designation and intent: This district is for small commercial offices and small commercial retail outlets. Any commercial business must have a landscaping plan (per Ordinance #934, Code of Ordinances, Town of Franklinton) and drawings representing signs to be used.

4.101. Permitted principal uses and structures: Any kind of office use, small retail business and day care centers. (Maximum building size twenty-five thousand (2,500) square feet).

4.102. Permitted accessory uses and structures: Any use related to principal use.

4.103. Special exception uses and structures: Residential, single-family.

4.104. Height restrictions: Structures must be compatible with surrounding area and can not exceed thirty-five (35) feet in height. (A variance must be issue by Zoning Commission if building exceeds thirty-five (35) feet in height.) All buildings must be approved by the State Marshall's Office.

4.104. Minimum set-back requirements: Front—Twenty (20) feet; Sides—Five (5) feet; Rear—Five (5) feet from adjoining property line.

4.105. Special permit uses and structures: Dwelling units contained within the office building, hospitals, rest homes, churches, and schools. Branch banks not requiring outdoor advertising other than on the face of the building.

4.106. Prohibited uses: Uses considered detrimental to the surrounding residential neighborhood. Any proposed retail endeavor must be approved by the Zoning Commission.

4.109. Conditional uses in commercial district: Adult businesses as defined in section 4.110. Such uses shall conform to the following standards:

(1)

The distance between any adult business and any residential district or dwelling shall be a minimum of one thousand (1,000) feet measured in a straight line without regard to intervening structures, from the nearest point of the property line of the residential district or dwelling to the nearest point of the property line of the adult use or the property on which it is situated, if it is one (1) of several business establishments on the property, whichever is greater.

(2)

The distance between any two (2) adult businesses shall be a minimum of one thousand (1,000) feet measured in a straight line, without regard to intervening structures, from the closest property lines of each adult business.

(3)

The distance between any adult business and any existing school, child care center, church or place of worship, park or recreational area, public library, public building, any establishment licensed to sell alcoholic beverages, museum or community center shall be a minimum of one thousand (1,000) feet measured in a straight line, without regard to intervening structures, from the nearest point of the property line of the adult business to the nearest point of the property line of the school, child care center, church or place of worship, park or recreational area, public library, public building, any establishment licensed to sell alcoholic beverages, museum or community center.

(4)

The adult business shall comply with Town of Franklinton Code of Ordinances relative to the sale of alcoholic beverages and all necessary state and parish licenses and/or permits as required.

(5)

All activities shall cease between the hours of 10:00 p.m. and 7:00 a.m.

(6)

Live entertainment, when expressly authorized and permitted, will only be allowed when it does not adversely affect the surrounding neighborhood because of noise, crowd and other factors.

(7)

The use of neon or similar lighting technology exposed to the exterior shall be limited to one (1) sign unit which conforms to all other code signage requirements, is directly related to the subject facility, and is not advertisement for products or services provided or sold in the facility.

(8)

The premises on which the adult business is located and the public rights of way within one hundred (100) feet of such facility must be maintained in a clean and orderly manner.

(9)

The premises on which an adult theater establishment is located shall operate only as an adult theater and shall not contain or offer any items or services consistent with that of an adult cabaret, adult store, massage parlor or escort agency. Any of the aforementioned businesses shall constitute a separate adult business and must independently conform to all of the requirements of this section. Adult theaters offering viewing of film, photograph material or live performances to audiences smaller in size than five (5) persons per viewing area are expressly prohibited.

(Ord. No. 966, 6-24-03)

4.110. Definitions:

Adult businesses: Shall mean a business consisting of, including or having the characteristics of any of the following:

Adult cabarets: Any place or establishment that has a substantial or significant portion of its business, features or provides any of the following:

1.

Persons who appear semi-nude, or

2.

Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities, or

3.

Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

Adult store: Any place or establishment which sells, offers for sale or rents for any form of consideration any one (1) or more of the following:

1.

Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations or recordings, novelties and devices which have as their primary or dominant theme matters depicting, illustrating or describing or relating to specific sexual activities or specified anatomical areas, or

2.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult theater, adult cabaret, adult store, escort service, massage parlor, tattoo and/or body piercing parlor.

Adult theater establishment: An establishment in which a significant portion of this business features or provides for viewing on site (i) films, motion pictures, video or audio cassettes, slides or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or (ii) live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities. Adult theaters offering viewing of film, photograph material or live performances to audiences smaller in size than five (5) persons per seating are expressly prohibited.

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

1.

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

2.

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

3.

Agrees 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.

4.

To perform a massage for the purpose of providing sexual stimulation or sexual gratification to the customer.

Escort agency: 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.

Specified anatomical areas:

1.

Less than completely and opaquely covered:

a.

Human genitals or pubic region;

b.

Human buttocks;

c.

Human female breasts below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities:

1.

Human genitals in a state of sexual stimulation, arousal or swelling;

2.

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty;

3.

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast; and

4.

Excretory functions as part of or in connection with any of the activities set forth in subsections 1. through 3. of this subsection.

(Ord. No. 966, 6-24-03)

C-2: Heavy commercial.

4.200. District; designation and intent: This district is for major commercial uses involving retail sales that may be considered a nuisance to residential areas and should be located along collector and arterial streets. Cemeteries and mausoleums are allowed. (Cemeteries and mausoleums shall be located on sites of at least eight (8) acres, all graves shall be set back at least fifty (50) feet from all property lines, shall have a minimum street frontage of one hundred (100) feet and a fence or screen planting six (6) feet high shall be provided along all property lines. All businesses must have a plan for landscaping (per Ordinance #934, Code of Ordinances, Town of Franklinton) and drawings representing signs to be used.

4.201. Prohibited uses: Uses detrimental to a neighborhood because of odor, dust, gas, excessive glare, light, noise, or vibrations. Industrial and manufacturing facilities, residential uses.

4.202. Height restrictions: Structure can not exceed forty-five (45) feet in height. (If structure exceeds forty-five (45) feet in height a variance must be issued by Zoning Commission.)