A.

General. The regulations herein set forth in this section qualify as supplemental, as the case may be, to the district regulations appearing elsewhere in this ordinance.

1.

Exceptions and modifications of height limitations. The height limitations of this ordinance shall not apply to:

a.

Church spires.

b.

Belfries.

c.

Tanks.

d.

Water towers.

e.

Fire towers and fire training towers.

f.

Monuments.

g.

Ornamental towers and spires.

h.

Cooling towers.

i.

Chimneys.

j.

Flag poles.

2.

Hospitals, churches, temples, public, semipublic or public service buildings, institutions or schools, when permitted in R-1A and R-1B single-family, R-2A and R-2B townhouse, GO/M general office/mixed use; or H-1 medical service districts may be erected to a height not exceeding ten percent above the height permitted in the district when the required front, side and rear yards are increased by at least ten percent beyond the yard requirements otherwise provided in the district in which the building is located.

B.

Exceptions to yard regulations.

1.

More than one main institutional building, public or semipublic, or commercial 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.

2.

For the purpose of the side yard regulations, a two, three, four or more multiple-family dwelling, electric substation or metering station for public utility purposes shall be considered as one building occupying one lot.

3.

Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into a rear yard may be permitted by the regulatory director for a distance of not more than five feet, but only where the same are so placed as not to obstruct light, ventilation or safety requirements.

4.

Existing residential dwellings which have at least a three feet side yard setback may be permitted to maintain such setback on an addition, provided that all other setbacks conform to this ordinance.

C.

Substandard lots of record.

1.

Single lots. No building permit shall be issued on a single, sub-standard lot of record without the approval of the city council. EXCEPTIONS:

a.

The mayor is authorized to approve the issuance of a building permit on a substandard lot of record not to exceed ten percent of the front yard requirement of any district's requirement.

b.

The mayor is authorized to issue a building permit on any substandard lot of record in which a structure crosses substandard lot lines in common ownership and in which no cubical footage is added to an existing structure.

2.

Multiple, contiguous lots. All contiguous substandard lots, in single or common ownership, shall be consolidated into a conforming lot size. No building permit shall be issued on any contiguous, substandard lot of record without the approval of the city council.

3.

In all instances where city council approval is required for the issuance of a building permit under this subsection the following procedure shall apply:

a.

The applicant for a building permit on any substandard lot shall file with the regulatory director:

i.

An application for a building permit;

ii.

An affidavit containing the names and addresses of all property owners within 300 feet on both sides of the street and all adjoining property owners; and

iii.

A "class C" survey (plat plan) of the lot prepared by a civil engineer or land surveyor, licensed in the state, showing the actual dimensions of the lot, the size and location of any existing and proposed structures, servitudes and restrictions, and any such other information as may be necessary to provide for the enforcement of these regulations.

b.

The regulatory director shall forward the application and accompanying documents to the planning and zoning commission and the city clerk.

c.

The planning and zoning commission shall conduct a public hearing in relation to the application for a building permit on said substandard lot.

d.

The city clerk shall cause to be published once a week for three consecutive weeks in the official journal of the city a notice of the application for requested building permit and of the time and place of the hearing before the planning and zoning commission. At least 20 days shall elapse between the first publication and the date of the hearing.

e.

The applicant shall permit a sign to be posted on the property by the city on which the building permit is sought indicating that an application for a building permit on a substandard lot has been filed with the planning and zoning commission. The sign will remain in place for at least two weeks prior to the hearing before the planning and zoning commission and shall remain in place until final action on the application by the city council. The sign shall indicate the place, date, and time of the planning and zoning commission hearing. After being set for a hearing before the city council, the sign shall be changed to indicate the place, date, and time of the city council hearing.

f.

After the public hearing as provided above, the planning and zoning commission shall submit its report and recommendation upon the proposed building permit to the city clerk within ten days of the hearing held by the planning and zoning commission regarding said proposed building permit.

g.

Any building permit issued without compliance with this procedure is null and any work undertaken pursuant thereto may be enjoined.

h.

Before any action shall be taken as provided for in this section, the applicant proposing building on a sub-standard lot of record shall deposit with the city, through the regulatory director, an application fee in the amount of $500.00 and all costs of the advertisement provided for herein as estimated by the city clerk.

D.

Projections into open areas.

1.

Every part of a required yard shall be open to the sky, except where buildings are permitted in a portion of a rear yard. The ordinary projections of sills, belt course, cornices and ornamental features may project not more than 18 inches into a required rear yard; provided, further, that a roof and its eave may project to the extent of two feet into a required front, rear or side yard, if a minimum distance of three feet remain open to the sky (sky clearance) between the furthest projection of the roof and the property line; provided, further, that an attached gutter may project a maximum of six inches into this required three foot sky clearance. Existing roof structures, including eaves and gutters, which have at least a two foot sky clearance, may continue such clearance on additions.

2.

In any residential district, no fence, structure, sign, planting, or other obstruction shall be maintained on a corner lot, above a height of three feet, measured from the crown of the street, within that area between the side and front lot lines of the lot, and a line joining two points lying on the centerlines of the street intersecting at the corner and 90 feet distant from the point of intersection.

3.

Exterior wall of residential fireplaces shall not be more than eight feet in width and shall not project past the exterior wall of the residence more than two feet and the minimum distance of the exterior wall of the fireplace shall not project nearer than three feet to the side lot line.

E.

Exceptions and modifications to use regulations.

1.

Power plants, heating or refrigerating plants or apparatus, or machinery not a part of the main building, which are accessory to permitted uses in the R-1A and R-2A single-family, R-2A and R-2B townhouse, GO/M general office/mixed use; or H-1 medical service districts shall be permitted in the buildable area or required rear yards of the above-named districts only if so placed and operated as not to cause inconvenience to owners or tenants of adjoining lots and buildings; and provided that all of the above-mentioned activities comply with existing city 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 nuisances.

2.

Existing railroads and utilities may continue to be operated and maintained in dwelling and commercial districts, but no new railroad or utility structure other than the usual poles, transformers and other similar appurtenances, wires, underground utilities, electric substations, gas pressure regulating and metering stations and telecommunication poles shall be established in such districts except when so authorized by the mayor and council.

3.

Fences not to exceed a height of eight feet may be erected in any portion of a lot except in the required front yard and in the required ten feet side yard of corner lots when the lot in the rear fronts the side street, unless otherwise addressed in this ordinance.

4.

Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress. Temporary buildings shall be removed upon completion of the construction work or at the expiration date of the temporary permit unless such permit is renewed. Temporary buildings shall not be construed to include roadside stands, trailers, trucks, etc., which are prohibited from doing business within the city limits of Harahan (See roadside stand definition).

5.

Temporary nonilluminated billboards, advertising only land subdivision development in which new streets and new lots are involved may be erected on the subdivision site, in any district provided that not more than one sign not exceeding 100 square feet in area nor ten by ten feet in dimensions can be placed at each major approach to the subdivision and provided said signs are not located closer than 75 feet to the lot line of an existing residence. Such signs or billboards may be maintained on the subdivision site for a period not to exceed six months from the date of issuance of a permit for the erection of such sign or billboard.

F.

Regulation of accessory buildings.

1.

[Accessory garage/storage buildings and carports.] Accessory garage buildings, carports, and/or accessory storage buildings may be built in required rear yards. Garages and carports shall not be located less than five feet from either side or rear lot lines and no portion of storage buildings (except gutter), of 250 square feet or less shall be located less than three feet from either side or rear lot lines. The combined gross areas of all accessory buildings (garage and storage) or portions thereof shall not exceed 40 percent of the required rear yard area. Storage buildings of more than 250 square feet in size shall not be located less than five feet from either side or rear lot lines.

2.

[Detached accessory buildings.] Except as herein provided, any detached accessory building may be built in a required side yard providing such accessory building is not less than 60 feet from the front lot line. Garages shall not be located less than five feet from the nearest interior side lot line and no portion of storage buildings (except gutter), shall be located less than three feet from the nearest interior side lot line for a storage building of less than 250 square feet in size. A storage building of more than 250 square feet in size shall not be located less than five feet from the nearest interior side lot line.

3.

[Accessory buildings in side yards.] On through lots, an accessory building may be built in a required side yard. Garages shall not be less than five feet from the nearest interior side lot line and no portion of storage buildings (except gutter), shall be located less than three feet from the nearest interior side lot line for a storage building of less than 250 square feet. A storage building of more than 250 square feet shall not be located less than five feet from the nearest interior side lot line. No portion of a garage or a storage building may be located in the required front yard.

4.

[Corner lots; minimum distance from side street property.] On corner lots where a side yard is required, there shall be a minimum distance between any accessory building and the side street property line equivalent to the width of the required side yard on the side of the lot abutting the side street.

5.

[Accessory garage structures; aesthetic compatibility.] Accessory garage structures must be aesthetically and architecturally compatible with the surrounding environment. Materials such as wood, brick, siding, painted concrete block, stucco or a combination thereof should be used as appropriate. Quonset freestanding, nonframe buildings made entirely of corrugated galvanized steel panels are not permitted structures.

6.

[Accessory storage buildings; aesthetic compatability.] Storage buildings must be aesthetically and architecturally compatible with the surrounding environment. Materials such as wood, brick, siding, metal Z-panels, fiberglass resin panels or a combination thereof should be used as appropriate. Quonset freestanding, nonframe buildings made entirely of corrugated galvanized steel panels are not permitted structures.

7.

Roof styles.

A.

The only roof types of construction for a garage is flat, gable, gambrel, hip, mansard, shed and lean-to.

B.

The only roof types of construction for a storage building is flat, gable, gambrel, hip, shed and lean-to.

8.

Garage building height.

A.

The vertical distance from the grade to the highest point of the coping of a flat roof, shed roof/lean-to roof or to the deck line or parapet of a mansard roof shall not exceed 13 feet in height.

B.

The vertical distance from the grade to the highest point to the mean height level between the top of the wall plate and the top of the roof ridge for a gable, hip and gambrel roofs shall not exceed 13 feet in height.

9.

Storage building height.

A.

The vertical distance from the grade to the highest point of the roof ridge for a flat, hip, shed/lean-to, gable and gambrel roof shall not exceed 12 feet in height.

10.

Storage building addition.

A.

An existing storage building of 250 square feet which has an existing three foot setback will not be permitted to add additional structure.

B.

An existing storage building of less than 250 square feet which has an existing three foot setback may be permitted to maintain such setback on an addition to increase the over-all square footage of the structure to a total of 250 square feet.

11.

Canopy. As defined in section III, Definitions, of this zoning ordinance, the following applies:

A.

The setback or property line distances and the required yard area as applicable in this ordinance for storage buildings apply to canopies.

B.

The vertical distance from the grade to the highest point of the canopy roof (ridge) shall not exceed ten feet.

C.

The overall size of the canopy shall not exceed 250 square feet.

(Ord. No. 1416, § 1, 10-16-2003; Ord. No. 1447, § 1, 5-20-2004; Ord. No. 1503, § 2, 7-21-2005; Ord. No. 1569, § 1, 1-18-2007; Ord. No. 1567, § 1, 1-18-2007; Ord. No. 1868, § 1, 4-18-2019; Ord. No. 1968, § 2, 6-14-2023)