Harahan City Zoning Code

Sec. XII

C-2 general commercial district.

[Use and purpose of district.] This district is comprised of land and structures used to furnish, in addition to the retail goods and services, a wide variety of commercial and miscellaneous service activities generally serving a wide area, and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material or the nuisance factor of dust, odor and noise associated with manufacturing. The district is intended for application in intensely developed areas. Nothing in the above description shall be interpreted or construed to include assembling parts, fabrication, or industrial uses of any type.

Permitted uses. In the C-2 general commercial districts only the following uses are permitted:

Any use permitted in a C-1 neighborhood commercial district.

Air conditioning sales and service.

Ambulance service.

Amusement enterprises, including the provision of stage entertainment, bowling alley.

Animal hospital or veterinary clinic, provided no outside kennels are maintained on the premises and all kennels are located in the main building.

Auditoriums.

Automobile/vehicular, trailer and farm equipment sales (new and used).

Bar rooms, nightclubs and lounges, but not within 200 feet of a residential district as measured from the closest property lines.

Community homes (see community home requirements).

10.

Funeral homes, mortuaries and undertaking establishments.

11.

Furniture repair and upholstering.

12.

Furniture store, retail.

13.

Filling stations or gasoline service stations, automobile maintenance shops and/or garages enclosed within a structure, but not including commercial wrecking, dismantling, or auto salvage yard. In no case shall commercial mechanical work, vehicle repair or vehicle spray painting be permitted in any other district.

14.

Hotel, motel [or] tourist home, all for transient occupancy.

15.

Laundries, including uniform and rental processing.

16.

Monopoles. See telecommunication requirements.

17.

Motorcycle sales and service.

18.

Offices not exceeding 25,000 square feet in gross floor area.

19.

Radio and television studios and broadcasting stations.

20.

Plumbing, electrical and other trade shops provided that all materials and supplies attendant to said shops are enclosed in a structure or by a six foot wood or masonry fence.

21.

Telephone exchanges.

22.

Theatres.

23.

Reserved.

24.

Accessory buildings or similar uses customarily pertinent to the above uses, including accessory flat signs limited in area to one square foot per two lineal feet of street frontage. In no case shall there be more than one pole sign per lot.

25.

Roadside stand.

Height regulations. No building or structure shall exceed 45 feet in height.

Area regulations.

Yard.

Front yard.

No front yard is required except where the frontage on one side of a street between two intersecting streets is partially in a C-2 district and partially in a residential district, in which case the front yard regulations of the residential district shall apply.

Side yard.

No side yard is required, except that on the side of a lot abutting on a residential district, a side yard of not less than five feet shall be provided.

ii.

A corner lot whose rear line abuts a residential district shall have a side yard, on the street side, of not less than ten feet in width.

Rear yard.

No rear yard is required, except where a lot abuts upon a residential district, in which case there shall be a rear yard of not less than 20 feet. Where a rear yard, though not required, is provided, such rear yard shall have a depth of not less than five feet.

Lot area.

The minimum width of lots shall be 60 feet at the front property line or at the front building line in the case of irregular shaped lots. Each lot shall contain a minimum area of 6,000 square feet.

[Abuttal to residential districts.] In cases where a C-2 district abuts a residential district, a seven foot wood or masonry fence shall be erected to screen and separate the two districts.

Off-street parking requirements. Off-street parking requirements are provided in section XVI.

Loading zone requirements. Loading zone requirements are provided in section XVI.

[G.]

Community home requirements.

License required; term. It shall be unlawful for any person to operate within the city a community home without first obtaining a license from the office of the city clerk of the city. Such license shall not be issued by the office of the city clerk until and unless the application has been approved by the mayor and council in accordance with the procedure outlined herein. Such license shall be valid for a period of one year only for the person/corporation to whom it is issued and only for the location for which it is issued. Such license shall only be issued in accordance with the terms of this ordinance.

Application for license; fee.

The regulatory director shall receive applications for licenses for community homes. Such application shall include the following information and documents:

Site plan depicting the property, lines and dimensions, building location, off-street parking area, location and description of any other structures on the site including accessory buildings and fences, and other relevant information about the site.

ii.

Proposal describing the operation of the community home.

iii.

Resubdivision survey, if necessary.

iv.

Completed copy of appropriate department of health and human resources application for license.

Upon request, furnish information concerning all employees of the community home, specifically their names, addresses, job titles, descriptions of their job responsibilities and background information.

vi.

Application fee of $500.00 and cost of all mailings and advertisements.

vii.

Any other information deemed necessary by the regulatory director to include type of residents to be served, and appropriate program agency within the department of health and human resources.

Upon receipt of a completed application, the regulatory director shall forward a copy of the application documents to interested parties, including, but not limited to:

All members of the planning and zoning commission.

ii.

The mayor and council.

iii.

The chief of police.

iv.

The city attorney.

All property owners within a 500 foot radius of the proposed location (property line to property line).

The planning and zoning commission shall hold a public hearing at which time the regulatory director shall present information as to the responses of the above named persons or agencies. Additionally, the applicant and other interested parties shall have the opportunity to express their views concerning the application. The planning and zoning commission shall make a recommendation to the mayor and council as to whether the application should be approved or denied. Such recommendation shall be based upon an evaluation of the application, the information presented at the public hearing, and the criteria outlined in section 4 herein. Based upon the recommendations and other information presented, the mayor and council shall determine if the license should be issued.

[Compliance with provisions.] No license for the operation of a community home shall be issued by the office of the city clerk unless the provisions of this ordinance are strictly complied with by such person/corporation seeking a license.

[Criteria for evaluation.] Criteria and guidelines for evaluation of application.

Community homes shall be permitted in the C-2 general commercial district only.

In no case shall a community home be placed within a 1,000 foot radius of another community home.

For a community home with live-in staff, a minimum of four off-street parking spaces is needed, and for a community home with around the clock staff, a minimum of two off-street parking spaces as defined by section XVI of the city's zoning ordinance shall be provided for staff, residents and visitors.

All officers and staff of the agency operating the community home must be of good moral character and never have been convicted of a felony or misdemeanor involving moral turpitude.

No person/corporation shall be granted a license under this ordinance who has, during the preceding five years, had a license issued under this ordinance revoked.

No person/corporation shall be entitled to a license under this ordinance who has been denied such a license during the preceding three years.

Display of license. All licenses issued under this ordinance shall be conspicuously displayed at the licensed establishment.

Suspension and revocation of license, generally. The suspension of any license issued under this ordinance shall be considered upon the filing of a sworn complaint with the office of the city clerk by any citizen, charging the licensee of such community home of having, during the preceding three months, operated such establishment in violation of any one or more of the provisions of this ordinance. Notice of such consideration shall be provided upon service of the license of notice of such consideration. The requirement of such notice shall be satisfied if personal service of such notice is had upon the licensee or upon posting such notice upon the licensed establishment. Upon receipt of such complaint, the office of the city clerk will set a date for a hearing, which shall be held at the soonest available regularly scheduled meeting of the mayor and council. The notice shall specify the date and time of the hearing. The licensee shall have the right to appear at such hearing and produce evidence. If, after holding the hearing, the mayor and council shall determine that the community home was being operated as charged in the complaint, or operating in violation of any sections herein, then the mayor and council shall make a determination as to the appropriate duration of license revocation or suspension and the office of the city clerk shall revoke or suspend the license accordingly.

Grounds for suspension and/or revocation of license. The following acts are declared to be in violation of this ordinance and constitute grounds for suspension or revocation of a license issued under this ordinance.

Violation of any of the provisions of this ordinance.

Making false statements in writing on application for license issued under this ordinance.

Felony conviction of any of the operators of the community home.

Duty to report new employees. Whenever an operator or proprietor of a community home employs a person to work for such establishment after the issuance of the license, such operator or proprietor shall so inform the regulatory director, the city clerk and the chief of police of the same information regarding such new employees as required in the original application within 24 hours after such employment. Failure to comply with this provision of this section shall constitute a violation of this ordinance and also constitute grounds for revocation of the license.

Duty to report felony convictions. The operator or proprietor of a community home shall report, to the regulatory director, the city clerk and the chief of police, any felony conviction of any operator, proprietor, employee/staff member (paid or nonpaid) or resident within 72 hours of said conviction. Failure to report said conviction of any operator, proprietor or employee/staff member shall constitute a violation of this ordinance and also constitute grounds for revocation of the license.

10.

Annual renewal of license required. Licenses for community homes shall be issued for a period of one year only and therefore must be renewed annually. The annual renewal fee shall be $100.00.

[H.]

Telecommunication requirements.

Procedures and standards.

Land use approval required. All wireless telecommunications facilities are subject to the standards contained in this section and will be required to obtain land use approval from the zoning commission prior to being granted a building permit. Applicant shall pay all associated application fees set by the city, a land use fee of $3,000.00, and a building permit fee of $3,000.00.

Where permitted or prohibited.

Wireless telecommunications facilities shall be prohibited in any R-1A, R-1B, R-2A, R-2B, GO/M or H-I district. They shall be a permitted use in the C-1, C-2 or LI commercial districts.

The placement of an antenna by an additional carrier, after proper permitting, on an existing monopole or structure within a C-1, C-2 or LI commercial district is a permitted use, subject to all regulations herein. An additional carrier permit fee of $3,000.00 and a building permit fee of $3,000.00 per carrier are required.

No new tower shall be located within a 1,000 foot radius of an existing tower without city council approval.

Height.

Antenna located on alternative support structures shall not exceed 20 feet in height above the existing structure on which they are placed.

Maximum tower height shall be limited to 150 feet.

Setbacks for wireless telecommunications monopoles, towers and accessory structures.

A minimum front setback of 20 feet is required. A minimum side setback of five feet is required. The setbacks shall be measured from the base of the tower to the boundary lines of the property.

In addition to the setbacks mentioned above, where a tower is located in a district adjacent to any R-1, R-2, GO/M or H-1 district and/or use, the required setback shall be a distance equal to the height of the tower. The setbacks shall be measured from the base of the tower to any affected property line.

Site plan review.

All wireless telecommunications facilities are subject to site plan review and approval by the city council.

Should the wireless telecommunications facility be located on city-owned property, it will also be subject to appropriate lease provisions and approval of said lease by the city council.

When considering a site plan, the city council shall insure the following:

It minimizes adverse visual effects of towers through careful design, siting and vegetative screening;

ii.

Avoids potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures.

Collocation.

Monopole structures of 110 feet shall have the ability to accommodate a minimum of three additional carriers. Monopole structures that exceed 80 feet shall have the ability to accommodate a minimum of two carriers.

No new antenna support structures shall be permitted unless the applicant demonstrates that no existing antenna support structure can accommodate the applicant's needs.

Application for a new antenna support structure shall be approved by the city council and must verify that no existing sites are available for collocation.

Aesthetics. The aesthetic properties of each individual wireless telecommunications facility shall be approved as part of the site plan review process.

Appearance. The design of the monopole shall be approved by the city council and shall be a type that has the least visual impact on the surrounding area.

[Color of antenna.] Monopoles and antennas shall be neutral in color so as to reduce visual obtrusiveness. If an antenna is installed on a structure other than a tower, the antenna and supporting telecommunications facilities must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure.

[Attachments to antenna.] No signage, symbols or advertisements may be attached to the pole, tower or antenna.

Accessory structures.

Accessory structures may contain necessary equipment, but shall not contain office space. The design of the compound and its accessory structures shall, to the extent possible, maximize use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and building environment.

In or adjacent to developed properties, accessory structures must be aesthetically and architecturally compatible with the surrounding environment. Materials such as wood, brick, textured concrete block and stucco should be used as appropriate. The use of metal or metallic-looking materials shall be avoided in as much as shall be practical.

Nonvegetative screening. Nonvegetative screening will be required when it is necessary to reduce the visual impact of a wireless telecommunications compound. In or adjacent to developed properties, nonvegetative screening shall be provided in a manner that is compatible with the surrounding character of development, buildings, natural vegetation and landscaping. Such screening, as required and subject to site plan review, shall have a minimum height of eight feet, and may consist of one or more of the following: brick masonry walls, solid wood fencing, berms or opaque barriers. All nonvegetative screening shall be properly maintained by the landowners.

10.

Landscaping. The perimeter of the compound shall be landscaped with a buffer of plant materials that effectively screens the view of the compound from adjacent residential property and/or public ways. The standard buffer shall consist of a landscaped strip of at least four feet wide outside the perimeter of the compound. All landscaping shall be of the evergreen variety and shall be irrigated and properly maintained by the landowner to ensure good health and variety. In locations where the visual impact of the tower would be minimal, the city council may reduce or waive the landscaping requirement.

11.

Lighting.

Towers shall not be artificially lighted unless required by the FAA or other authority for safety purposes. If lighting is required, "dual lighting" (red at night/strobe during the day) shall be preferred unless restricted by the FAA. Lighting must be shielded or directed upward to the greatest extent possible so as to minimize the amount of light that falls onto nearby properties.

Basic security lighting for the compound may be permitted, but shall be focused only on the compound itself, and shall be directed away from any adjacent property.

12.

Environmental impact. All wireless telecommunications facilities shall comply with the National Environmental Policy Act. If an environmental assessment is required by the Federal Communications Commission (FCC), a copy of the assessment, as well as documentation of the FCC's subsequent approval thereof, must be submitted at the time of application.

Radio frequency. The applicant shall be required to submit documentation that the proposed wireless telecommunication facility complies with the FCC standards for radio frequency emissions, as adopted by the FCC on August 1, 1996.

Structural. A professional engineer shall certify that all antenna support structures and wireless telecommunications equipment are erected and/or installed so as to comply with the collocation requirements as specified herein, and wind loading and other structural standards contained in the building code as adopted by the city and the applicable technical codes established by the Electronic Industries Association (EIA/TIA 222-E "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures) or the Telecommunications Industry Association. This shall apply to new and modified structures and facilities.

Security of site. Fencing shall be required to ensure that antenna support structures and their accessory buildings are fully secured. Sufficient anti-climbing measures must be incorporated into each facility, as needed, to reduce potential for trespass and/or injury.

[13.].

Obsolete towers.

In the event the site shall become abandoned, the telecommunications facility, including the tower, shall be dismantled and removed within six months of the date of abandonment.

The site shall be deemed to be abandoned if the use of any wireless telecommunications facility has been discontinued for a period of 180 days. Determination of the date of the abandonment shall be made by the regulatory director.

[14.]

Performance bond. Before a permit is granted pursuant to this section, and to ensure compliance with [sub]section 14 herein above, the applicant shall provide to the regulatory director for the city evidence of a performance bond equal to the amount of $10,000.00. The performance bond shall be written by a corporate surety acceptable to the city's regulatory director. The performance bond shall guarantee, to the satisfaction of the city's regulatory director, that the telecommunications facility and/or tower shall be timely dismantled and removed as provided for in [sub]section 14 herein and above. The performance bond shall remain in effect for the duration of the existence of the telecommunications facility. The evidence of the performance bond shall be provided to the city's regulatory director and shall be attached to and made a part of the original application.

[15.]

Landowner's requirements. In the interest of serving the public and in the interest of the efficient regulation of land use in the city, the following requirements must be met by any applicant.

The applicant shall furnish an extract of any lease (as defined by R.S. 9:2721.1) concerning the property and the wireless telecommunication facility to city hall.

The landowner shall insure that his lease contains a clause providing for $1,000,000.00 in insurance liability coverage. The applicant is also required to insure that the city is an additional insured on the policy. Proof of this policy, in the form of a certificate of insurance, shall be furnished to the Harahan Regulatory Department each year and shall be attached to and made a part of the original application.

The applicant shall furnish evidence of the continued existence of the performance bond and the certificate of insurance annually on or before the anniversary date of the final inspection.

[16.]

Application and enforcement procedures. The city council shall refer all applications for wireless communications facilities, including monopoles, accessory structure compounds, alternative support structures, antenna support structures, antenna towers, colocation requests or any related facilities to all appropriate commissions, boards and agencies for review, action and/or comments, including, but not limited to, public notice, public hearings, technical review and all other substantive and procedural due process requirements of the city, in accordance with the specific provisions of comprehensive zoning ordinance of the city as amended, and the general provisions of the Municipal Code of the city.

[17.]

Additional appropriate agencies. The planning commission, city planner, and board of zoning appeals can refer any applicant to appropriate agencies for comments.

[18.]

Off-street parking requirements. Off-street parking requirements are provided in section XVI.

[19.]

Loading zone requirements. Loading zone requirements are provided in section XVI.

(Ord. No. 1351, § 2, 8-15-2002; Ord. No. 1568, § 1, 1-18-2007; Ord. No. 1588, § 2, 8-16-2007)