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Greenwood City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 66-1.- Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a detached subordinate building or structure on the same building site with the main building, the use of which is incidental to that of the main building; no living or sleeping quarters shall be permitted as accessory structures.

Accessory use means a use customarily incidental to the principal use of a building site or of a building and located upon the same building site with the principal use.

Agriculture means the science or art of cultivating the soil, producing crops, raising livestock, and in varying degrees, the preparation of these products and their disposal (as by marketing).

Alley means any public space or thoroughfare 20 feet or less in width which has been dedicated or deeded for public use.

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

Automotive vehicle wrecking, dismantling or salvage yard means any building site or tract of land or contiguous tracts of land in the same ownership, where two or more wrecked, junked, burned, salvaged, disassembled or inoperative motor vehicles not stored within a completely enclosed structure are collected, accumulated or stored.

Bed and breakfast lodging means overnight sleeping and breakfast accommodations conducted as a family business in a dwelling by the resident-owner family. The use is subject to the following limitations:

(1)

No more than eight registered overnight guests;

(2)

No more than four guest bedrooms;

(3)

Serving of one meal limited to breakfast for registered guests only;

(4)

No sale of other goods and/or services;

(5)

Not advertised as a hotel, motel, inn, boardinghouse, roominghouse, or the like;

(6)

No on-premises business shall be conducted by persons other than the resident-owner family;

(7)

No business sign;

(8)

Provision of one off-street parking space per guestroom in addition to resident parking; and

(9)

With respect to such establishments, all persons shall be entitled to the full and equal enjoyment of the goods and services, facilities, advantages and accommodations in such establishments, without discrimination or segregation on the grounds of race, color, sex, religion or national origin.

Boardinghouse means a building where, for compensation and by prearrangement, five or more persons other than occasional or transient customers are provided with meals.

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

Building height means the vertical distance from grade to the highest finished roof surface of a flat roof or to the average height of a pitched roof.

Building site means the land area occupied or to be occupied by a building and its accessory buildings and including such open spaces, yards, minimum area, off-street parking facilities and off-street truck loading facilities as are required by this chapter; every building site shall abut upon a street.

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

Church means a building, together with its accessory buildings 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.

Clinic, dental or medical, means a building in which one or more physicians, dentists and allied professional assistants are engaged in carrying on their profession; the clinic may include a dental or medical laboratory but it shall not include in-patient care or operating rooms for major surgery.

Community home means a facility certified, licensed or monitored by the department of health and human resources to provide resident services and supervision to six or fewer handicapped persons; such facility shall provide supervisory personnel in order to function as a single-family unit but not to exceed two live-in persons.

Completely enclosed structure means a building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrance and exit doors.

Dwelling, multiple-family, means a detached building containing three or more dwelling units and used by three or more families living independently of each other; the term includes an apartment.

Dwelling, one-family, means a detached building containing one dwelling unit and used exclusively by one family.

Dwelling, one-family townhouse, means a building containing two or more attached one-family dwelling units, each located on a lot of record, in separate, private ownership, and often separated by party walls.

Dwelling, two-family, means a detached building containing two dwelling units and used by two families living independently of each other.

Dwelling unit means one 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.

Factory built housing means a prefabricated structure designed for longterm residential purposes. For the purpose of this chapter, the term "factory built housing" shall include manufactured homes, modular homes and mobile homes.

Family means one or more persons, including not more than four lodgers or boarders, living together as a single housekeeping unit.

Farming means the practice of agriculture; to engage in raising crops or livestock.

Gross floor area means 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 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.

Heliport means a landing and takeoff facility for rotary wing aircraft subject to use at a frequency of once a week or more, but not including fueling or servicing facilities for such aircraft and subject to FAA safety and air space utilization requirements.

Home occupation means any business or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use.

Hospital means an institution providing health service, primarily for inpatients, and medical and surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities, and staff offices.

Hotel means a building containing guestrooms in which lodging is provided with or without meals for compensation, and which is open to transient or permanent guests, or both, and where no provision is made for cooking in any guestroom; the term includes a motel.

Inoperative motor vehicles means a motor vehicle which is unable to travel under its own power and or one which does not have a current valid state inspection sticker.

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

Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code.

Manufactured housing construction and safety standards code means Title VI of the 1974 Housing and Community Development Act (42 USC 5401, et seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a Design Approval Primary Inspection Agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), all of which became effective for mobile/manufactured home construction on June 15, 1976.

Mobile home means a transportable structure, designed to be used as a yearround residential dwelling, built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974.

Mobile recycle unit/collection center (no flattening) means a manned facility, usually a trailer/truck body used for the collection and temporary storage of empty aluminum cans and other discarded recyclable products. No flattening or flattening equipment allowed on site. The use is subject to the following limitations:

(1)

Units to be attended during all hours of operation;

(2)

Exterior of unit not to be used for advertising purposes. Name of business, logo, hours of operation, etc., is permitted on side of unit. No other signage shall be allowed;

(3)

Units shall not be located on required parking spaces for the principal use of the building site and shall not impair traffic flow;

(4)

Unit not be placed within 100 feet of residentially zoned property;

(5)

Only one mobile collection center or reverse vending machine permitted on a building site;

(6)

Certificate of occupancy is required.

Modular home means a prefabricated dwelling which can be certified as being constructed in accordance to the Standard Building Code, as adopted and amended by the town.

Nonconforming building site means a building site lawfully existing on March 10, 1992, or on the effective date of this chapter or any amendment thereof, and which does not conform to all the regulations of open space, lot width, site coverage, minimum area, off-street parking and loading facilities, lighting, fencing, lot access and other building site regulations of this chapter for the use and district in which it is located.

Personal care means protective care of a resident who does not require chronic or convalescent medical or nursing care. Personal care involves responsibility for the safety of the resident. Personal care may include a daily awareness by the management of the resident's functioning, his whereabouts, the making or reminding a resident of appointments, the ability and readiness to intervene if a crisis arises for a resident, supervision in areas of nutrition and medication, and the actual provision of temporary medical care.

Processing facility means a business which stores, keeps, dismantles or salvages scrap or discarded material or equipment wholly inside a building. Scrap or discarded material includes, but is not limited to, metal, paper, cloth, plastic or glass. The use is subject to the following limitations: A minimum distance of 500 feet is required between a processing facility and a residential district, unless varied by the zoning commission.

Recyclable materials means clean, source-separated, recyclable materials including aluminum, steel cans, copper, plastics, glass, paper, cloth and/or similar materials.

Recycling collection center (no flattening) means a manned facility used for the collection and temporary storage of empty aluminum cans and other discarded recyclable products, wholly inside a building. No flattening equipment or trailer/truck bodies allowed on site.

Recycling service center means a facility used for the flattening and storage of empty aluminum cans and other discarded recyclable materials wholly inside a building. No trailer/truck bodies shall be used as an accessory structure.

Recycling service center with trailer/truck body means a facility used for the flattening and storage of empty aluminum cans and other discarded materials wholly inside a building. One trailer/truck body is permitted as an accessory structure.

Reverse vending machine means a wholly self-contained mechanical process machine for the collection of recyclable materials which will dispense United States currency to the depositor according to the number or weight of collected recyclable materials. The use considered as an accessory use to retail stores, churches, parks, playgrounds and recycling centers. The use is subject to the following limitations:

(1)

Machines shall be enclosed in a structure;

(2)

A certificate of occupancy with a special permit is required.

Security structure means a detached subordinate building or mobile home, approved by the zoning commission and located on the same building site with the main building, the use of which is limited to housing a security guard or watchman to guard the premises.

Service dependent person means any person who has a mental or physical impairment which substantially limits one or more of the following major life activities:

(1)

Self-care;

(2)

Receptive or expressive language;

(3)

Learning;

(4)

Mobility;

(5)

Self-direction;

(6)

Capacity for independent living; and

(7)

Economic self-sufficiency.

This definition shall not include persons impaired by reason of drug abuse, alcohol abuse, nor shall it apply to persons currently under sentence or on parole from any criminal violation or those who have been found not guilty of a criminal charge by reasons of insanity; or any person whose past threats or behavior creates a medically significant risk to others or to property; or any person who is currently a danger to themselves.

Single-family personal care home means a dwelling that provides personal care services and supervision to six or fewer service dependent persons; such home shall provide trained supervisory personnel in order to function as a single-family unit but not to exceed two supervisory live-in persons. Such home shall ensure that admission decisions for mentally handicapped persons are medically appropriate, based on the recommendation and approval of the admission by a state licensed clinical psychologist or psychiatrist; and such home shall be certified, licensed or monitored by the state and shall otherwise ensure compliance with written state and federal placement and funding criteria.

Temporary medical care means the kind of medical care which is normally provided in the home by one family member for another, not skilled nursing, convalescent or acute medical care.

Truck farm means a farm devoted to the production of vegetables for the market.

Zoning administrator means the chairperson of the zoning commission.

(Ord. No. 1-1992, §§ 2(A), (B), 11(51-1), 3-10-1992)

Cross reference— Definitions generally, § 1-2.

Sec. 66-2. - Interpretation.

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

(Ord. No. 1-1992, § 11(51-3), 3-10-1992)

State Law reference— Conflicts, R.S. 33:4729.

Sec. 66-3. - Compliance with chapter provisions.

(a)

No land shall be used or occupied and no structure shall be erected, altered, used or occupied except in conformity with all regulations established in this chapter and upon performance of all conditions set forth in this chapter.

(b)

Except as provided elsewhere in this chapter:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(Ord. No. 1-1992, § 11(51-16), (51-130), 3-10-1992)