(22-7)(a)

General. Unless specifically defined below, words or phrases in this code shall be interpreted giving them the same meaning as they have in common usage and so as to give this code its most reasonable application.

(22-7)(b)

Defined terms.

Abutting. The property directly touches another piece of property.

Accessory dwelling unit. A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling.

Accessory structure. Structures such as private garages and sheds, customarily incidental to and on the same lot with a primary structure.

Accessory use. Uses customarily incidental to and on the same lot with a permitted main use.

Addition. Any act or process which changes one (1) or more of the exterior architectural features of a structure by adding to, joining with or increasing the size or capacity of the structure.

Adjacent. See Abutting.

Administrator. The person or office designated by the city council and charged with certain tasks including but not limited to interpreting the provisions of this chapter, and other duties prescribed under this chapter.

Adult day care. A facility, operated for profit or not, in which care basic services are provided through its ownership or management for part of a day to three (3) or more persons who are eighteen (18) years of age or older, not related to the owner or operator by blood or marriage, and who require such services.

Adult oriented establishment. Includes, but is not limited to, an adult bookstore, adult motion picture theater, adult mini-motion picture establishment, adult cabaret, escort agency, sexual encounter center, adult massage parlor or rap parlor; further, "adult entertainment establishment" means any premises to which the public patrons or members are invited or admitted and that are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. "Adult entertainment establishment" further includes, without being limited to, any adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, model studio, escort service, escort or any other term of like import.

Adult bookstore. A business that offers, as its principal or predominant stock or trade, sexually oriented material, devices, or paraphernalia, whether determined by the total number of sexually oriented materials, devices or paraphernalia offered for sale or by the retail value of such materials, devices or paraphernalia, specified sexual activities, or any combination or form thereof, whether printed, filmed, recorded or live, and that restricts or purports to restrict admission to adults or to any class of adults. The definition specifically includes items sexually oriented in nature, regardless of how labeled or sold, such as adult novelties, risqué gifts or marital aids.

Adult cabaret. An establishment that features as a principal use of its business, entertainers, waiters, or bartenders who expose to public view of the patrons within such establishment, at any time, the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially covered by opaque material or completely covered by translucent material, including swim suits, lingerie, or latex covering. "Adult cabaret" includes a commercial establishment that features entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainers.

Adult entertainment. Any exhibition of any adult-oriented motion picture, live performance, display or dance of any type, that has as a principal or predominant theme, emphasis, or portion of such performance, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers.

Adult massage parlor. An establishment or place primarily in the business of providing massage or tanning services where one (1) or more of the employees exposes to public view of the patrons within such establishment, at any time, the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially covered by opaque material or completely covered by translucent material.

Adult mini-motion picture theater. An enclosed building with a capacity of fewer than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons in the building.

Adult motion picture theater. An enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons in the building.

Alley. A public way, or approved private way, that provides a secondary means of access to abutting property, normally located behind the building.

Animal boarding. The use of land for boarding, selling, training or breeding cats or dogs for compensation, or the keeping of more than twelve (12) dogs or cats in combination for any purpose.

Animal shelter. A structure that is owned, operated or maintained by a public body, established humane society or other private or nonprofit organization used for the care of lost, abandoned or neglected pets.

Apartment. A building type containing three (3) or more dwelling units consolidated in a single structure. An apartment contains common walls. Dwelling units may be situated either wholly or partially over or under other dwelling units. The building often shares a common entrance.

Arterial street. Any street carrying more than ten thousand (10,000) vehicles per day.

Assisted living facility. Any group housing and services program for two (2) or more unrelated adults, by whatever name it is called, that makes available, at a minimum, one (1) meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one (1) or more licensed home care or hospice agencies.

Attached house. A building type containing two (2) principal dwelling units on a single lot with private yards on all four (4) sides. Each unit has its own external entrance. Unit can be located on separate floors, side-to-side, or back-to-back.

Bed and breakfast. A residential dwelling in which rooms are rented to paying transient guests on an overnight basis with breakfast being the only meal served daily to transient guests, the entire service to be included in one (1) stated price.

Block. A tract of land bounded by dedicated streets, which has been subdivided for building development.

Buffer. A specified area of land containing landscaping, open space, fences or walls located parallel to and within the outer perimeter of a lot and extending to the lot line. A buffer is used to physically separate or screen, one (1) use or property from another so as to visually shield or block noise, lights and other nuisances.

Buildable area. The portion of a lot remaining after required yards and open space needs have been met.

Building. Any structure created for the support, shelter or enclosure of persons, animals or property of any kind and which is permanently affixed to the land.

Building, completely enclosed. A building separated on all sides from adjacent open space or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and doors.

Caliper. The diameter of plant material, measured at six (6) inches above grade.

Camps. Small clusters of structures on large tracts of land that are intended to provide shelter on a seasonal basis and accompany activities such as hunting, fishing or trapping.

Carports or garages. Any structure for the purpose of providing shelter for one (1) or more vehicles.

Clear sight distance. The length of street visible to a driver at an intersection or driveway required to make a safe turning movement onto the street.

Common lot line. A lot line shared between two (2) private lots, which does not abut public or private right-of-way.

Cottage homes. A type of small lot/small home residential development where dwelling units are grouped in clusters and oriented on common open space.

Dance hall. A cafe, restaurant or other place where dancing is done to music provided by record player or orchestra.

Drive-through or drive-in. An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, or obtain goods while remaining in their motor vehicles.

Dwelling, multiple-family. A dwelling designed for or occupied by two (2) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family. A residential dwelling unit designed for and occupied by one (1) family only.

Dwelling unit. One (1) room, or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Easement. A grant of one (1) or more of the property rights by the owner to, or for use by, the public, a corporation, or another person or entity.

Egress. A grant of property rights by the owner to, or for use by, the public, a corporation, or another person or entity to use as an exit from a specific parcel of land.

Entertainment. Entertainment shall include live vocalists, musicians, disc jockeys (whether speaking or not), comedians, karaoke, performers (paid or otherwise, including contestants) and the like, provided at a bar, restaurant, nightclub or other similar commercial establishment also providing food or beverages. Entertainment shall not include "adult entertainment."

Erected. Means built, constructed, reconstructed, moved upon, or any physical operation in the premises required for building. Evacuation, fill drainage, demolition of an existing structure, and the like shall be considered part of erection.

FAA. Federal Aviation Administration.

Family. One (1) or more persons related by blood, marriage, adoption or guardianship, or not more than two (2) persons not so related occupying a dwelling unit and living as a single housekeeping unit shall be considered a family. Notwithstanding any other provision of this section, this definition does not include individuals required to be assembled under one (1) living unit for the purpose of drug or substance abuse rehabilitation or persons assigned to same as the result of criminal activity. Halfway houses, detoxification facilities or like facilities are not considered "family" structures and are thereby excluded from this definition.

Home occupation. An occupation carried on in a dwelling unit by a resident of the unit; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character of the dwelling unit.

Livestock. One (1) or more domesticated animals raised to produce commodities such as food or fiber. For the purposes of this zoning code livestock does not include the raising of hens for non-commercial purposes.

Lot. A lot is a parcel of land of at least sufficient size to meet minimum requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot may consist of:

(1)

A single lot of record;

(2)

A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;

(3)

A parcel of land described by metes and bounds.

Lot front. The portion of a lot nearest the street.

Lot of record. A lot which is a part of a subdivision, created in accordance with the ordinances of the city, the map of which has been recorded in the office of the clerk of court of the parish, or a parcel of land which became legally established and defined by deed or act of sale on or before October 17, 1977.

Manufactured home. A factory-built structure constructed after June 15, 1976, and under the authority of 42 U.S.C. § 5403 on an integral chassis and designed for residential occupancy when connected to the required utilities. For the purposes of this zoning code, a manufactured home is a single-family home.

Each manufactured home must meet the National Manufactured Home Construction and Safety standards and must display a seal certifying that it was built in accordance with the standards and must have been built within the last ten (10) years. The home owner must provide proof of age of the home before the permit may be issued and before the home may be moved into the City of Gonzales. All manufactured homes must be found, upon city inspection, to be safe and fit for occupancy.

Military installation. Any base, military airport, camp, post, station, yard, center, home port facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense.

Mobile home. A factory-built home on an integral chassis that is:

(1)

Built before June 15, 1976; and

(2)

Not built to a uniform construction code.

A mobile home is designed to be transported for installation or assembly at the building site.

Mobile or manufactured home park. A parcel of land under single ownership which has been planned and improved for the placement of two (2) or more mobile homes or manufactured homes on sites available for lease.

Modular home. A structure designed for residential occupancy, built to the standards of the Louisiana State Uniform Construction Code, which is manufactured in one (1) or more sections in a factory for installation on a permanent foundation at its final location. For the purposes of this zoning code, a modular home is a single-family home.

Multi-story structure. Any structure with two (2) or more usable floor areas located in such a manner that any portion of the upper floor area(s) is situated directly above any portion of the lower floor area, or any structure where a portion of the structure has a perpendicular height above grade level in excess of twenty-five (25) feet.

Nonconformities. Uses, sites, signs or other structures which were legally established, but because of the application of this code, or changes to the code, are no longer in compliance.

Off-street loading space. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.

Off-street parking space. A space designated for the standing of a vehicle, whether occupied or not, located on private property, not on a public or private street or alley. Parking does not include the temporary standing of a vehicle when commodities or passengers are being loaded or unloaded.

Open space. An area unobstructed by buildings from the ground upward, except for walks, paths, landscaping or other site features in public, common or other private ownership. Yards of individual lots occupied by dwellings shall not constitute open space.

Owner of record. The person, corporation, or other legal entity listed as owner on the records of the Parish Clerk of Court.

Pervious parking surface. Parking surface which is engineered to allow the infiltration of water, air and nutrients to root systems of adjacent plant material which lie directly under the ground. Loose gravel is not a pervious parking surface.

Plat. A map or plan of a parcel of land which is to be or which has been subdivided.

Private street. A privately owned and maintained thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane or court, built to public street standards and generally providing the primary means of ingress and egress from the property abutting along its length to the public street network.

Recreational vehicle. A vehicle which is self-propelled or designed to be towed by a motor vehicle or similar prime mover but is not designed to be used as a permanent dwelling and containing plumbing, heating and electrical systems that may be operated without connection to outside utilities, including a travel trailer, camper or another similar vehicle which is designed as temporary living quarters for recreational, camping or travel use.

Rowhouse. A building type with three (3) or more attached units consolidated into a single structure. Each unit shares a common side wall or a common floor or ceiling. Units may be stacked vertically; however, no more than one (1) unit is permitted above another unit. Each ground floor unit has its own external street-facing entrance.

Story. A floor of a structure where fifty (50) percent or more of the floor area of the enclosed space is greater than 7.5 feet in clear height; measured from the finished floor to the finished ceiling.

Structural change. Any change or repair in the supporting members of a building, structure, roof or exterior walls which would expand the building in height, width or bulk.

Structure. Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to advertising signs, backstops for tennis courts, bathhouses used in connection with plant nurseries, billboards, buildings, fences, gazebos, signs, radio and television antennae (including supporting towers), swimming pools, satellite dishes, solar panels and wind generation equipment.

Structure, primary. A building or structure in or on which the main use of the lot takes place.

Subdivision.

(1)

The division of land into two (2) or more tracts, sites or parcels of three (3) acres or less in area; or

(2)

Resubdivision of land hereto divided or platted into lots, sites or parcels.

Townhouse unit. A part of the townhouse property subject to individual ownership. Front yard, rear yard and parking facilities (the common elements) are required for each unit. A townhouse unit may include airspace only.

Warehouse or storage yard. Any accessory building or yard which is used to store merchandise, materials, supplies or vehicles, which will service a permitted use.

Warehouse or storage yard, commercial. Any accessory building or yard which is used to store merchandise, materials, supplies, or vehicles, which will service a permitted use and is used principally as a business venture, such as a building being leased to another person.

Yard. An open space at existing ground level between a building and the adjoining lot lines.

Yard, front. A yard extending across the front of a lot between the side yards and being the minimum distance between the proposed right-of-way line of a street under the major street plan for the city or the existing street right-of-way (whichever is greater) and the building or any projection thereof other than steps and cornices.

Yard, rear. A yard extending across the rear of a lot between inner side yard lines.

Yard, side. A yard between the building and the side line of the lot and being the minimum distance between a side lot and the side of the building or any projections other than steps and cornices.

(Ord. No. 3084, Att., 4-25-16; Ord. No. 4006, 12-12-16; Ord. No. 4163, 9-20-21)