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Houma City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 28-1.- Definitions.

For the purpose of this chapter certain words and phrases used herein are defined as follows:

Accessory dwelling unit: A detached subordinate dwelling unit located on the same building site as the main residence. Accessory dwelling units are a permitted use in single-family residential districts provided:

(1)

The owner of the property utilizes either the main or accessory dwelling unit as their primary residence;

(2)

The gross floor area of the accessory dwelling unit does not exceed the gross square footage of the main dwelling unit.

Additional requirements for accessory structures shall apply as identified herein this chapter. Examples of accessory dwelling units include garage apartments, guesthouses and pool/game houses.

Accessory structure: A detached subordinate building located on the same building site with the main building, the use of which is incidental to that of the main building.

Accessory use: A use of land or a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Administrative and business offices: Offices or private firms or organizations that are primarily used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction, and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with administrative office services.

Adult nightclub: An establishment engaged in the sale of alcoholic beverages at retail for consumption on premises, where minors are excluded by law, where the incidental service of food may occur, and which features live entertainment where persons, male or female, perform, dance or otherwise appear partially or totally nude or where partially or totally nude dancing is performed.

Adult uses/materials: An establishment having a substantial or significant portion of its stock in trade in which, for any form of consideration, adult material is presented to or is available for exclusive viewing, rental or purchase by adults. As used in this ordinance, adult material shall consist of movies, films, motion pictures, video tapes, video discs, slides, photographs, or other media of visual representation; or live performances, exhibitions or presentations; or books, papers, pamphlets, magazines, periodicals or publications which are characterized by an emphasis upon the depiction or description of any of the conduct or activities set forth and described in the provisions of Louisiana Revised Statutes Title 14, Chapter 1, part VI, Sub-part C, and in that portion thereof designated as sub-paragraphs (2)(b) and (3) of paragraph A of Section 106 [R.S. 14:106A(2)(b), (3)], or as such provisions may hereafter be amended, re-enacted or re-designated from time to time, or shall consist of any instruments, devices or paraphernalia that are designed or marketed for use in connection with any such conduct or activities. As used in these regulations, the term "adult material" shall be applied to any material that meets the definition set forth in this section whether or not, as a matter of law, such material is or could be classified as pornographic or obscene.

Agriculture: The use of land for agricultural purposes including agriculture, dairying, farming, floriculture, pasturage, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the products. Provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities. The raising of swine is expressly prohibited.

Agricultural sales and services: Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, herbicides, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include nurseries, hay, feed and grain stores, and tree service firms.

Airport: A public or private facility with FAA required controls or features for the use of private or commercial aircraft. Includes commercial airports, general aviation airports and heliports.

Alley: Any public space or thoroughfare twenty (20) feet or less in width which has been dedicated or deeded for public use.

Alteration: Any structural change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams or girders. The term includes structural additions.

Amusement arcade: A building or part of a building in which five (5) or more pinball machines, video games, or other similar player-operated amusement devices are maintained.

Animal kennels: Boarding and care services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels and dog training centers.

Animal production: The raising of animals or production of animal products such as eggs or dairy products, on an agricultural or commercial basis. Typical uses include raising and breeding of livestock, grazing, ranching, dairy farming and poultry farming for other than personal use.

Animal sales and services (limited): Retail sales, veterinary services, outdoor kennels, grooming, and boarding when totally within a building, of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, small animal clinics, dog bathing and clipping salons, and pet grooming shops but excluding outdoor kennels and uses for livestock and large animals.

Animal sales and services (general): Veterinary services and boarding for livestock, horses or large animals. Typical uses include boarding stables for horses not owned by the occupants of the premises, and veterinary hospitals for livestock and large animals. The term includes pet crematoriums.

Apartment: A portion of a building consisting of a room or suite of rooms intended, designed, or used as a permanent residence by an individual or one family.

Aquaculture: Premises primarily devoted to aquaculture research and specialties and also including the raising of aquatic plants and animals and seafood, including catfish and crawfish farms.

Art and craft studio: A use involving the production of works of art by individuals and the incidental sale to consumers of those works produced, limited to the use of hand tools or domestic mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight (8) kilowatts. Such use shall be placed and operated in such a manner that the adjoining property owners or tenants are not inconvenienced by external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff.

Auto salvage yard: (See Junkyard.)

Auto wrecking yard: (See Junkyard.)

Automotive sales and rentals: Sale or rental of automobiles, non-commercial trucks or trailers (capable of being pulled by automobiles only and not exceeding twelve thousand (12,000) lbs.), motorcycles, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships, motorcycle dealerships, boat, trailer and recreational vehicle dealerships, auto and trailer rental agencies and taxicab parking, dispatching and fleet storage. The use of residential property for the incidental sale of automobile(s), non-commercial truck(s) or trailer(s) (capable of being pulled by automobiles only), motorcycle(s), recreational vehicle(s) or boat(s), including incidental storage, maintenance and servicing for nonoccupants of the residence upon which an offer for sale, storage, maintenance, and servicing is occurring is expressly prohibited.

Automotive and equipment repair: Repair of automobiles, trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts in an enclosed area screened from view of any adjacent streets or property. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excluding dismantling or salvage.

Automotive, fuel station: Fuel dispensing stations, primarily self-serve, with lubricants and associated automotive products for self-dispensing. Typical uses include self-serve stations and fuel islands in conjunction with convenience stores.

Automotive, service station: Any premises where fuel and other petroleum products are sold to light vehicles and/or light maintenance activities such as engine tune-ups, lubrication, motor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body/fender work are conducted.

Back-to-back signs: One (1) support structure with two (2) parallel sign faces oriented in opposite directions.

Bar: (See Tavern.)

Bed and breakfast: An owner-occupied dwelling unit having no more than one (1) culinary facility and no more than three (3) guest rooms where short-term lodging with breakfast only is provided for compensation by the owner/operator of the residence.

Billboard: A sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located; an off-premise sign. A sign in the meaning of this definition includes a display, figure, painting, drawing, message, plaque, poster or any other thing which is designed, intended or used to advertise or inform. The term includes computer generated, multi-message signs.

Board: The board of adjustment established by this chapter.

Boarding house: A residential building other than a hotel, motel, or tourist cabin where lodging and meals for four (4) or more persons are served, either for or without compensation and by prearrangement for temporary periods For the purpose of these provisions this shall not include a mobile home.

Borrow pit: Any place where dirt, soil, sand, gravel, or other material is removed by excavation or otherwise, below the grade of the surrounding land, for any purpose other than mining operations and that are necessary and incidental to grading or building construction on the premises.

Building: 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 site: The land area occupied or to be occupied by a building and its accessory buildings, 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: Any line separating a building site from a street, an alley, another building site, or any land not part of the building site.

Business support services: Establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to business firms (not individuals), but excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms.

Business or trade school: A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or public or private educational facility.

Campground: Camping facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents.

Car wash: An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, detailing, polishing, or waxing of light motor vehicles.

Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including columbiums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Church, religious assembly: Structure used for religious services involving public assembly. Includes synagogues, temples, and similar structures, but excluding day care facilities except when provided in conjunction with the primary use of the site.

Clinic: An establishment where patients are admitted for examination and treatment by one (1) or more physicians, dentists, psychologists or social workers and where patients are not lodged overnight. .

Clinic, animal: An establishment where the treatment of small animals is given by professional veterinary personnel.

Club or lodge (private): The buildings and facilities owned and operated by a group of people organized for a common purpose to pursue common goals, interest or activities, usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and by-laws. Examples are Knights of Columbus, American Legion, Lions Club, etc.

Cluster housing: Single-family detached dwelling units on individual lots for sale, served by nondedicated designated passageway for vehicular traffic or dedicated street and providing common open spaces in lieu of typical single-family yards.

College and university facilities: The use of land for an educational facility which offers a course of study associated with the issuance of a degree and typically including classroom and lab facilities, research services, housing facilities, parking facilities and recreational amenities.

Commercial use: Activity carried out for pecuniary or financial gain by the owner, lessee, or licensee.

Common elements: The portion of the condominium property not a part of the individual units.

Communications services: Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic, fiber optic, satellite mechanisms, and telephonic mechanisms but excludes those classified as major utilities. Typical uses include television studios, telecommunication service centers or telegraph service offices, and film and sound recording studios.

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

Concrete crusher: A heavy industrial use which uses mechanical means to crush and reduce in size larger pieces of concrete and similar materials, which can be sold and/or used as fill and/or roadway base material.

Concrete statues, handiwork: Establishments engaged in the small-scale production of concrete statues, fountains, birdbaths and similar items.

Condominium declaration: The instrument, which regulates the communal living arrangement inherent in the condominium form of ownership by clearly specifying the rights and obligations of all unit owners toward each other. It defines the boundaries of all units and common elements to create the necessary horizontal "subdivision" of the condominium property.

Condominium property: All interests in land improvements thereon, and all servitudes and rights attaching to the condominium.

Condominium unit: A part of the condominium property subject to individual ownership. A unit may include air space only. A unit includes such accessory rights and obligations as are stipulated in the condominium declaration.

Conforming use: Any lawful use of a building, structure, lot, sign, fence that complies with the provisions of this zoning ordinance.

Congregate housing: A building or buildings designed or used in whole or in part to provide, for compensation, the housing of persons desiring or in need of special services such as 24-hour emergency assistance. Such facilities may furnish services to their permanent residents similar to those services furnished by hotels, including accessory uses such as home health services, meals, maid and linen services, grocery and drug stores and banking services, provided such uses are located in and accessed from entirely within the facility with no direct entrance from the street nor visibility from the outside of the facility indicating the existence of these services. Congregate housing includes elderly housing.

Construction materials—Plants: Establishments engaged in the manufacturing and/or mixture of large amounts of construction materials for sale to contractors and the general public. Typical uses include concrete and asphalt batch plants and limestone and shell yards.

Construction sales and services: Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware. Excludes construction materials—plants, as defined herein. Typical uses include building materials stores, lumberyards, tool and equipment rental or sales, or building contractors.

Consumer repair services: Establishments primarily engaged in the provision of repair services, conducted entirely within an enclosed area, for individuals and households rather than firms, but excluding automotive and equipment services use types. This use classification does not include any outdoor storage of appliances or equipment. Typical uses include small appliance and washer and dryer repair shops, heating and air conditioning repair, watch or jewelry repair shops, or musical instrument repair shops.

Convenience store: A retail establishment featuring self-serve fueling and small retail food and small personal items for sale having a gross floor area of 3,000 square feet or less.

Country club: A land area and buildings containing recreational facilities, clubhouse and usual accessory uses, open only to members and their guests for a membership fee.

Cultural services: A library, museum, performing arts center or similar registered non-profit organizational use performing or displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

Day care centers, preschools, nursery schools: A state licensed for-profit or non-profit organization operating a facility providing supervisory or day care services to children or adults, excluding overnight care and public or private primary and/or secondary educational facilities. A day care center at a religious institution providing services at times other than in conjunction with the primary use (for religious purposes) of the site shall be considered a public day care center.

Dormitory: A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use. Dormitories do not include individual kitchens but rather a group kitchen to serve all residents.

Dwelling: A building or portion thereof providing living facilities for one or more families.

Dwelling, multiple-family: A detached building containing three (3) or more dwelling units and used by three (3) or more families living independently of each other; the term includes apartment house.

Dwelling, one-family: A detached building containing one (1) dwelling unit and used exclusively by one (1) family.

Dwelling, two-family: A detached building containing two (2) dwelling units and used by two (2) families living independently of each other.

Dwelling unit: One (1) or more rooms in the same structure, connected together and constituting a separate, independent housekeeping unit for permanent residential occupancy, with facilities for sleeping and cooking.

Exterminating services: Services related to the eradication and control of rodents, insects, and other pests with incidental storage on lots other than where the service is rendered.

Family: One (1) or more persons living together as a single housekeeping unit, which may include not more than four (4) lodgers or boarders.

Farms: Premises primarily devoted to the cultivation of agricultural products grown on the premises, including row crops, orchards and trees. Also includes the raising and breeding of farm animals for sale as food or for the use of fur or hide. This does not include the processing of food or animals on site.

Farm equipment sales and service: The retail or wholesale display and sales of heavy equipment generally associated with farms and agricultural activities and can include tractors, harvestors and related equipment and accessories as well as the repair of tractors, harvestors and similar machinery, including the fabrication/modification/repair of related equipment and accessories.

Financial services: Institutions licensed, and regulated by state or federal regulations primarily engaged in providing financial and banking services. Typical uses include banks, credit unions, homesteads, savings and loan institutions, stock and bond brokers, loan and lending activities, and similar services.

Flea market: An occasional or periodic sales activity held within a building, structure, or open area where groups of individual sellers offer goods, either new or used, for sale to the public. Does not include private garage or yard sales.

Food sales: Establishments primarily engaged in the retail sale of food or household products for home consumption. Typical uses include grocery stores (including the sale of alcohol in containers for off-premise consumption) where (a) revenue from the sale of groceries comprises at least eighty (80) percent of the gross income of the establishment, and (b) at least 80% of the total display or shelf space is devoted to products other than alcohol. Typical uses include grocery stores, caterers, delicatessens, meat markets, retail bakeries, and candy stores.

Fraternity/sorority residence: A dwelling or dwelling unit maintained exclusively for sorority or fraternity members and their guests or visitors, affiliated with an academic or professional college, university or other educational institution.

Gambling or gaming establishment: A building in which one or more gaming tables, wagering devices or machines, or other games of chance are present and available for persons to wager money or something of value on an uncertain outcome, with an unassured prospect of winning money or other stakes, prizes or something of value, including by way of illustration, but not limitation: bingo, keno, raffles, video poker, roulette, pari-mutuels, blackjack and other card games; excluding those gambling or gaming establishments whose location and/or right to operate is preempted by state law.

Garage, parking: A deck, building or structure or part thereof, either public or private, used or intended to be used for the parking and storage of vehicles.

Garage, public: A building or portion thereof designed, intended, and used exclusively for the storage of operating or non-operating vehicles, recreation vehicles and boats in an enclosed area screened from view of any adjacent streets or property. Typical uses include short term pay parking, storage of private parking tow-away or impound yards, short term storage of towed vehicles awaiting insurance claims adjustment, storage of recreation vehicles and boats, excluding dismantling or salvage.

Garage, repair: (See Automotive repair.)

Garden center: An establishment for the retail sale of plants, plant care and maintenance products and tools.

Golf course: tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses and shelters. See Country club.

Grocery store, retail: A self-serve business establishment dealing in the sale of a variety of foodstuffs, including but not limited to, meats, produce, dairy products, seafood, bakery products, dry groceries, small hardware items, and usual household supplies. In the context of this definition, a grocery store shall provide for a true combination and distribution of commodities, whereby no one (1) category of products and no one (1) department of commodities, other than dry groceries, shall constitute a majority of the inventory contained in the store, as defined herein. A grocery store shall be completely enclosed by solid exterior walls, although windows and doors may be contained within the solid exterior walls aforementioned, provided that the windows and doors are of such integrity so as to prevent the permeation of any odors, noise, heat, and/or vibration. A grocery store shall provide for proper storage of all items within the confines of the solid exterior walls aforementioned, provided that the windows and doors are of such integrity so as to prevent the permeation of any odors, noise, heat, and/or vibration. A grocery store shall provide for proper storage of all items within the confines of the solid ext3erior walls aforementioned, and shall provide for proper storage of all items within the confines of the solid exterior walls aforementioned, and shall provide for proper insulation, air conditioning/refrigeration, ventilation, and heating. Any cooking and/or other preparation of food shall be conducted within the confines of the solid exterior walls of the store. Any and all construction, uses, and activities of a grocery store, as defined herein, shall comply with all local, state, and federal construction and health codes.

Gross floor area: 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 or roofed porches having more than one (1) 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.

(1)

Leasable area, single-tenancy: Leasable area of a single-tenancy floor, whether above or below grade, shall be computed by measuring to the inside finish of permanent outer building walls or from the glass line where at least fifty (50) percent of the outer building wall is glass. Leasable area shall include all area within outside walls, less stairs, elevator shafts, flues, pipe shafts, vertical ducts, air-conditioning rooms, fan rooms, janitor closets, electrical closets and such other rooms not actually available to the tenant for his furnishings and personnel, and their enclosing walls. Toilet rooms within and exclusively serving only that floor shall be included in leasable area. No deductions shall be made for columns and projections necessary to the building.

(2)

Leasable area, multiple-tenancy floor: The net leasable area of a multiple-tenancy floor, whether above or below grade, shall be the sum of all the leasable areas on that floor. The leasable area of an office on a multiple-tenancy floor shall be computed by measuring to the inside finish of permanent outer building walls or to the glass line if at least fifty (50) percent of the outer building wall is glass, to the office side of corridors and/or other permanent partitions and to the center of partitions that separate the premises from adjoining leasable areas. No deductions shall be made for columns and projections necessary to the building.

(3)

Store areas in office building: To determine the number of square feet in a ground floor leasable store area, measure from the building line in the case of street frontages and from the inner surface of other outer building walls and from the inner surface of corridor and other permanent partitions and to the center of partitions that separate the premises from adjoining leasable areas. No deduction should be made for vestibules inside the building line for columns or projections necessary to the building. No addition should be made forbay windows extending outside the building line.

Health club: Private club offering athletic, health or recreational facilities, gymnasiums or related features.

Heliport: (See Airport.)

Home occupation: In general any business or commercial activity carried out for financial gain within a dwelling unit by the occupant of the dwelling unit, provided: (a) the activity is clearly incidental and subordinate to the use of the dwelling unit as a residence; (b) is carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling; and (c) is located in a residential district.

(1)

This term, as applied to the R-1 Districts, shall have the following definition: An occupation for gain or support conducted only by members of a family residing in a dwelling and conducted entirely within the dwelling, provided that no article is sold or offered for sale except such as may be produced by members of the family residing in the dwelling, and further provided, that the occupation is incidental to the residential use of the premises and does not utilize more than twenty-five (25) percent of the floor area of the dwelling. Home occupations shall include, in general, personal services such as those furnished by a physician, dentist, musician, artist, cosmetician or seamstress when performed by the person occupying the building as his or her private dwelling, and shall not include the employment of any additional persons in the performance of such services. Home occupations shall also include such other occupations as constitute personal services and are of a nature similar to any of those herein specified.

(2)

This term, as applied to the R-2 and R-3 Districts, shall have the following definition: An occupation for gain or support conducted by a member or members of a family residing in a dwelling and conducted entirely within the dwelling, provided that, except for such sales as are customarily within the specific occupations hereinafter set forth, no article is sold or offered for sale except such as may be produced by a member or members of the family residing in the dwelling and his or its employees, and further provided, that the occupation is incidental to the residential use of the premises and does not utilize more than thirty-five (35) percent of the floor area of the dwelling. Home occupations shall include the occupations of physician, attorney, dentist, musician, artist, cosmetician, beautician, seamstress, tailor, real estate agent, insurance agent, civil, electrical, mechanical, chemical and petroleum engineer, geologist, urban planners and accountants when performed by the person occupying the building as his or her private dwelling. Home occupations shall also include such other occupations as constitute personal services and are of a nature similar to any of those herein specified. The person or persons engaged in a home occupation and occupying the building in which such occupation is pursued as his, her or their private dwelling may have not more than two (2) persons who are not resident in such dwelling employed in such home occupation and working within such dwelling.

Hospital, general: A facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Hotel/motel: A facility offering transient lodging accommodations at a daily rate to the general public with or without providing additional services, such as restaurants, meeting rooms, and recreational facilities available to guests of the facility or the general public, and where there is either no provision made for cooking in any guest room or provision is made for cooking in not more than twenty-five (25) percent of the guest rooms.

Industrial, heavy: A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or scrap and salvage operations engaged in the storage, sale, dismantling or other processing of used, source separated, or waste materials which are not intended for reuse in their original form, or a use engaged in storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Typical uses include auto salvage and junkyards, ironworks, petrochemical plants, bulk storage facilities and tank terminals, textile or garment manufacturing.

Industrial, light: A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial uses. Typical uses include millworks and dry cleaning plants.

Junkyard: A use established for the purpose of selling used or scrap automobiles, trucks, and/or trailers; old or scrap rope, rags, batteries, paper, rubber, copper, brass, aluminum, iron, steel and other old or scrapped ferrous or nonferrous materials; discarded refrigerators, freezers, stoves, and other appliances; discarded mattresses, glass, wood and tires; and, any other junk or discarded materials. The term also includes salvage yards and recycling centers. The term also includes dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or heavy equipment or their parts. The presence on any lot or parcel of land of ten (10) or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima-facie evidence of an auto salvage or junk yard.

Kennel: (See Animal kennels.)

Laboratory: A building or portion of a building devoted to the experimental study in science or the testing and analysis of chemicals, drugs, explosives, construction materials, explosives, minerals, etc.

Laboratory, medical or dental: A building or portion of a building devoted in use to providing bacteriological, medical, X-ray, pathological or similar analytical or diagnostic services to doctors and dentists. Can include the custom fabrication of dentures, eyeglasses, etc. See also Medical services.

Landfill, sanitary: An area of land for the disposal of non-hazardous materials and meeting the requirements of Subtitle D of the Resource and Recovery Act, as amended, and any other applicable federal, state or local regulations or requirements. The term does not include hazardous and oilfield waste disposal facilities.

Laundry services, coin-operated: Establishments primarily engaged in the provision of coin-operated laundry machines to the general public with or without the incidental provision of laundry processing services for individuals by an attendant in the facility.

Laundry services, commercial: Establishments primarily engaged in the provision of laundering services for commercial establishments and for off-premises laundry pick-up stations. Typical uses include bulk laundry, diaper services, dry cleaning plants or linen supply services.

Laundry services, neighborhood: Establishments primarily engaged in the provision of laundering and pressing services for individuals at the site of a laundry and dry cleaning pick-up station where dry cleaning services are provided at an off-premises dry cleaning plant.

Lot of record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the Clerk of Court of Terrebonne Parish, or a lot described by metes and bounds, the description of which has been recorded in the office of the Clerk of Court of Terrebonne Parish.

Marine services-barge mooring facilities: Facilities used for the sole purpose of the temporary mooring of barges on a navigable waterway. Does not include the loading and unloading of cargo or any other activity other than temporary storage of barges.

Marine services-boat/ship fuel area: An area for the storage and dispensing of oil and fuel for the servicing of recreational and commercial boats and ships, and meets all state and federal safety guidelines.

Marine services-boat sales/service: Establishments for the sale, rental, servicing and routine maintenance, including cleaning and minor topside painting only, of recreational boats and accessories for recreational purposes. Typical uses include boat sales and service facilities.

Marine services, boat and ship repairs: Establishments for the repair of recreational and commercial boats and ships including sandblasting and the painting of boat bottoms.

Marine services, commercial and charter fishing: Private establishments providing facilities for the docking and departure of commercial and charter fishing, shrimping or crab boats including accessory parking facilities.

Marine services, marinas: A boat basin or harbor for renting to the general public of recreational boat moorings and the mooring of official craft, including incidental uses such as marine sanitation devices, sanitary rest rooms and dock master facilities.

Marine services, retail: Establishments for the retail sales of marine associated items including fresh seafood, bait and tackle, boat hardware and equipment, ice, soft drinks, foodstuffs and alcoholic beverages, subject to licensing requirements. Typical uses include ship's stores, chandler, sail lofts, tackle shops, dockside convenience stores and retail seafood stores.

Marine services, yacht clubs: A private community recreation facility accessible by water or associated with a marina facility either on the premises or in close proximity.

Medical services: Establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis and treatment, or rehabilitation services provided by physicians, dentists, nurses and other health personnel, as well as the provision of medical testing and analysis services. Typical uses include medical offices, dental offices, chiropractic clinics, dental laboratories, or health maintenance organizations. Services are administered strictly on an out patient basis.

Microbrewery/microdistillery: A facility for the production and packaging of alcoholic beverages for distribution, retail, or wholesale, on or off premises, with a capacity of not more than fifteen thousand (15,000) barrels (brewery) or twenty-five thousand (25,000) gallons (distillery) annually. The development may include other uses such as standard restaurant, bar or live entertainment as otherwise permitted in the zoning district.

Military base: A reservation, base or other facility, including airfields, occupied by one or more branches of the United States armed forces.

Mini storage warehouse: See Self-storage warehouse.

Mobile home or trailer: A structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width and thirty-two (32) feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems contained therein. The term includes "doublewide" structures.

Monument sign: Permanent signs where the entire bottom of the sign is affixed to the ground, not to a building.

Nonconforming structure: A building or part thereof lawfully existing on the effective date of the ordinance from which this section derives (Ordinance No. 7350) and which does not conform to all of the regulations of the district in which it is located.

Nonconforming use: A use which lawfully occupied a building or land on the effective date of the ordinance from which this section derives (Ordinance No. 7350) and which does not conform to the regulations of the district in which it is located.

Nursery, plant: Land or structures used to store flowers, shrubs and plants primarily in containers, and other gardening associated products, for sale in retail or wholesale trade.

Nursing home: A home for the aged, chronically ill or incurable persons in which three or more persons not of the same immediate family are received, kept or provided with food and shelter for compensation; includes "assisted living facilities", but does not include hospitals, clinics or similar institutions that are devoted to the diagnosis and treatment of the sick or injured.

Outdoor advertising: any outdoor sign, computer generated-multi message device, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of which advertising or information content is visible from any place on the main traveled way, highway, proposed road corridor, or parish-maintained street; but "outdoor advertising" does not include on-premises signs advertising or identifying activities conducted or products sold by a bona fide business on the property upon which they are located.

Outdoor storage: The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.

Packing and processing, general: The packing or processing of agricultural crops, animals, and their by-products regardless of where they were produced or grown and which entails more than picking, cutting, sorting, and boxing or rating, and includes canning, rendering,, or reduction of meat. The term does not include the tanning of animal hides.

Packing and processing, limited: The packing or processing of agricultural crops, animals, and their by-products which were produced or grown on the premises and which entails more than picking, cutting, sorting, and boxing or rating, but does not include commercial canning, rendering, tanning, or reduction of meat.

Parking facilities: The use of a site for publicly owned or privately owned parking services including parking garages and parking lots that serve the public at large.

Permitted structure: A structure meeting all the requirements established by this chapter for the district in which the structure is located.

Permitted use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Personal services: Establishments or places of business primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barbershops, seamstress, tailor, shoe repair shops, or dry cleaning and laundry pick-up stations.

Pole sign: A detached sign, supported by one (1) or more uprights, braces, columns, or pylons, in or upon the ground, where the support is not an integral part of the sign.

Portable storage units: Transportable units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis on residential property.

Port facilities: The use of a site located on a major waterway, or directly accessible to a major waterway, for the purpose of the loading and unloading of bulk, container and other cargo to and from ships and barges, ship/boat building and related marine fabrication services including barge fleeting, marine fueling services, and vessel repairing including painting and sandblasting in accordance with all applicable regulations.

Postal and parcel delivery services: Mailing services and processing as traditionally operated or leased by the United States Postal Service and includes United Parcel Service and other similar facilities.

Principal use: The primary or predominate use of any lot, parcel or structure.

Private landing strips: Strips of land used for the purpose of aircraft take-offs and landings and incidental aircraft storage for non-commercial uses. Typical uses include ultralight aircraft uses and crop dusting facilities.

Public safety services: The providing of public protection by a district or entity pursuant to fire, life, and safety code sections together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and ambulance services.

Recreation, community: The use of a site for public or private recreational, social, or multi-purpose uses typically associated with parks, playfields, golf courses, playgrounds, swimming and tennis facilities and community recreation buildings or public open space.

Recreation, indoor sports: Establishments or places of business primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators within an enclosed building. Typical uses include athletic clubs, bowling alleys, billiard parlors, ice and roller-skating rinks, and indoor racquetball courts.

Recreation, commercial outdoor sports: Establishments or places of business primarily engaged in the provision of sports or recreation facilities in open, partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, batting cages, golf courses, swimming pools, tennis courts, and outdoor racquetball courts.

Recreation, indoor entertainment: Predominantly spectator and participant uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls, bingo halls, electronic video game centers, amusement arcades, event centers and dance and reception halls.

Recreation, outdoor entertainment: Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, horse racing facilities, car racing facilities and amusement parks.

Recycling center: Facility used for the large scale recycling of nonhazardous waste or used products for conversion to reusable products. This includes commercial recycling of nonhazardous household waste, tire recycling and asphalt and other construction materials recycling as well as recycling transfer centers. The term does not include, and expressly prohibits, the storage or stockpiling of recyclables for more than sixty (60) days.

Recycling collection point: A collection or drop off point for small items, such as bottles and newspapers, located either in a container or small structure.

Research services or laboratory, hazardous: Establishments engaged in research of an industrial or scientific nature which is generally provided as a service or which is conducted by and for a private firm, including medical testing and analysis, and product testing. Typical uses include bio-medical research and testing of materials that are hazardous or produce hazardous by-products.

Residential/single-family residential: The use of a site for only one (1) dwelling unit.

Residential/duplex residential: The use of a site for two (2) dwelling units within a single building.

Residential/two-family residential: The use of a site for two (2) dwelling units, each in a separate building.

Residential/townhouse residential: The use of a site for two (2) or more townhouse dwelling units, constructed with common or abutting walls and with each unit located on a separate subdivided parcel of ground within the total development site, providing for the individual ownership of each unit and the parcel of ground upon which it rests, as well as the direct or indirect ownership by all the unit owners on a proportional, undivided basis the common areas and facilities serving all dwelling units within the townhouse group.

Residential/condominium residential: The use of a site for a building or group of buildings forming a series of attached dwelling units constructed with common or abutting walls and located on a commonly owned site, where the units are owned individually and the land, structure(s), common areas and facilities are owned directly or indirectly by all the unit owners on a proportional, undivided basis.

Residential/mobile home park: The use of one (1) tract or parcel of land for the residential occupancy of three (3) or more mobile home units, each with individual sites and spacing.

Residential/mobile home: The use of a site for the residential occupancy of mobile home units. Typical uses include mobile home subdivisions, or individual mobile homes on one (1) site or lot but not mobile home parks.

Residential/multiple-family residential: The use of a site for three (3) or more dwelling units, within one (1) or more buildings.

Resource extraction: A use involving the on-site extraction of surface or subsurface mineral products or natural resources. Typical extractive uses are quarries, borrow pits, sand and gravel operations, oil and gas extraction, and mining operations.

Restaurant: A business establishment operating as a public eating place, where the food served is cooked on the premises of the establishment, in a completely enclosed cooking area, provided with proper insulation, air conditioning, ventilation, and heating. Any and all construction, uses, and activities of a restaurant, as defined herein, shall comply with local, state, and federal construction and health codes.

Restaurants, drive-in: A retail outlet where food or beverages are sold and served, to a substantial extent, for consumption by customers in parked motor vehicles and where the food order is placed from an individual station at the parked vehicle.

Restaurants, fast food: An establishment that offers quick food service, accomplished through a limited menu of items already prepared and held for service, or prepared quickly, or heated in a device such as a microwave oven. Orders are not taken at a customer's table and food is generally served in disposable wrapping or containers. Fast food establishments may or may not deliver food or beverages to customers in motor vehicles at drive-up windows.

Restaurants, outdoor fast food: A fast-food restaurant establishment without indoor seating where prepared food is sold for consumption either off the premises or on the premises in outdoor seating areas provided by the establishment for the use of patrons. Typical uses include snowball stands and sandwich shops.

Restaurants, sit-down: A business establishment whose principal business is the selling of food to the customer in a ready-to-consume state, in individual servings, or in non-disposable containers, where the customer consumes these foods while seated at tables or counters located within the building, where alcoholic beverages may be served but where at least 80% of the gross revenues and 80% of the establishment area are devoted to food sales.

Retail sales, convenience: An establishment for the sale or rental of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically herein. Typical uses include corner grocery store, convenience stores, etc.

Retail sales, general: An establishment for the sale or rental of commonly used goods and merchandise for personal or household use excluding those uses specifically classified herein. Typical uses include department stores, discount stores, drug stores, pawn shops, camera stores or establishments providing the following products or services: paint, wallpaper, carpeting and floor covering; and automotive parts and accessories, excluding service and installation.

Rooming house: A building, other than a hotel, where for compensation and by prearrangement, five (5) or more persons other than occasional or transient customers are provided with lodging.

Seafood store, retail: A business establishment dealing primarily in the wholesale and/or retail sale of any type of seafood, whether processed or unprocessed; a seafood shop, as defined herein, is used as a business independent of any "restaurant" or "grocery store" as defined herein.

Schools, public and private primary and middle educational facilities: A public, private or parochial school offering instruction at the elementary and middle school level in the branches of learning and study required to be taught in the public schools of the State of Louisiana.

Schools, public and private secondary educational facilities: A public, private or parochial school offering instructions at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the State of Louisiana.

Schools, vocational-technical, community, trade or industrial: A public or private establishment offering basic classes (English, math, history, etc.) and/or training to students in the skills required for the practice of trades, technical enterprises and industrial occupations.

Self storage warehouse: A building or group of buildings in a controlled access compound consisting of individual, small, self-contained units that are leased or owned primarily for the storage of the personal effects and household goods of individuals and for storage of materials for the operation of businesses located elsewhere, excluding materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Incidental uses in connection with storage facilities may include the repair and maintenance of stored materials, excluding automobiles or other vehicles, by the tenant but in no case may storage spaces function as an independent retail, wholesale, business or service use. In addition, spaces shall not be used for workshops, hobby shops, manufacturing, or similar uses and human occupancy of said space shall be limited to that required to transport, arrange, and maintain stored material.

Service station: (See Automotive, service station.)

Shopping center, neighborhood: A multi-tenant commercial development consisting of uses permitted within the district in which it is located and a maximum of twenty-five thousand (25,000) square feet of gross leaseable area overall.

Shopping center, major: A multi-tenant commercial development consisting of uses permitted within the district in which it is located and greater than twenty-five thousand (25,000) square feet of gross leaseable area.

Sign face: The surface or that portion of an outdoor advertising structure on which one (1) advertising message is posted or painted or that portion of an outdoor advertising structure on which a computer generated, multi-message/advertisements are displayed.

Small wireless facility: a wireless facility that meets both of the following qualifications: (1) the antenna is located inside an enclosure of no more than six (6) cubic feet in volume and (2) all of the wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet. In the case of an antenna that has exposed elements, (1) the antenna and all of its exposed elements shall fit within an imaginary enclosure of not more than six (6) cubic feet and (2) all of the wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

Stable, private: A separate accessory building with a capacity for not more than one (1) horse or one (1) pony for each six thousand (6,000) square feet of lot area whereon such stable is located and where such horses or ponies are owned by the owners or occupants of the premises or others and are kept for compensation, hire or sale.

Street: A public right-of-way which provides vehicular and pedestrian access to adjacent properties.

Street line: A line or boundary separating the public right-of-way from the land or property adjoining.

Structure: Anything constructed or erected which requires location on the ground or is attached to something having a location on the ground; provided, however, that utility poles and fences and walls, other than building walls, shall not be considered to be structures.

Taxidermy: An establishment for the mounting of animals for trophies and other displays.

Tavern, bar or lounge: Any premises where the principle business is the sale of alcoholic beverages at retail for consumption on the premises, where minors are excluded therefrom by law, and where incidental service of food may or may not occur, provided more than twenty (20) percent of the patron area is used for the consumption of alcoholic beverages. Typical uses include cocktail lounges and piano bars. All such uses must comply with the requirements of the parish alcoholic beverages ordinance.

Telecommunication tower: A tower, pole or similar structure that supports a telecommunications antenna operated for commercial purpose above ground in a fixed location, freestanding, guyed, or on a building or other structure.

Theatre: A building or part of a building devoted to showing motion pictures or for dramatic, musical or other live performances before an audience.

Timberland: Undeveloped land where natural or planted trees are harvested for commercial purposes, such as for sale to be used as pulp, pilings, and lumber or other such uses.

Townhouse: A single-family attached dwelling on individual lots for sale that may be served by a nondedicated designated passageway for vehicular traffic, or dedicated public street and providing common open space in lieu of typical single-family yards.

Truck and heavy equipment sales/rental/service: Sale or rental of trucks of one (1) ton or greater capacity, tractors, construction equipment, agricultural implements, mobile homes, and similar heavy equipment, including incidental storage, maintenance, and servicing. Typical uses include truck dealerships, construction equipment dealerships, and mobile home sales establishments.

Truck stop: A building site and structure or structures which sells fuel, lubricating oil and/or other vehicular merchandise such as batteries, tires or vehicle parts for eighteen-wheel tractor-trailers and which includes an on-site repair service facility for eighteen-wheel tractor-trailer motor vehicles and an on-site restaurant facility.

Truck stop with gaming devices: Shall be defined as a truck stop as set out above and/or which fulfills the requirements for a qualified truck stop set out in R.S. 27:306(A) as may be amended and which includes video draw poker devices as defined in R.S. 27:301 as may be amended.

Unit designation: The number, letter or combination thereof or any other official designation identifying a particular unit in the condominium declaration.

Utilities, major services: Municipal or private services and utilities which have substantial impact. Typical uses are sanitary landfills, construction landfills, oxidation ponds, airports, railroad lines, detention and correctional institutions, mass transit waiting stations.

Utilities, minor: Municipal or private utilities that have a local impact on surrounding properties and are necessary to provide essential services. Typical uses are sewerage lift stations, electrical and gas distribution substations, and radio, microwave, and telephone transmitters.

Uses permitted as exceptions: Planning approval necessary.

V-type sign: One (1) support structure with two (2) sign faces forming the shape of the letter "V" when viewed from above, with an angle between the two (2) faces of not more than ninety (90) degrees.

Warehouse, storage and distribution, heavy: Open-air storage, distribution and handling of materials and equipment. Typical uses include stone or prefabricated concrete yards, grain elevators, offshore heavy equipment storage related to the oil and/or maritime industry.

Warehouse, storage and distribution, light: Bulk storage and warehousing services. Typical uses include pipe yards, bulk distributors of manufactured products and food products, including seafood business and industrial storage warehouses or moving and storage firms.

Wholesale trade: Establishments or places of business primarily engaged is selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Wireless facility: The tower, antennae, relay equipment, perimeter fences and other equipment or buildings necessary for the operation of wireless reception and transmission.

Woodland: Undeveloped land not being cultivated or harvested for commercial operations such as timber or other agricultural activities and where no commercial activities are permitted.

Yard, front: An open, unoccupied space on the same building site with a main building, extending the full width of the building site and situated between the street line and the front line of the building projected to the side lines of the building site. The depth of the front yard shall be measured between the front line of the building and front property line.

Yard, rear: An open, unoccupied space on the same building site with a main building, extending the full width of the building site and situated between the rear line of the building site and the rear line of the building projected to the sidelines of the building site. The depth of the rear yard shall be measured between the rear line of the building site and the rear line of the building.

Yard, side: An open, unoccupied space on the same building site with a main building, situated between the side line of the building and the adjacent side line of the building site and extending from the rear line of the front yard to the front line of the rear yard; if no front yard is provided, the front boundary of the side yard shall be the front line of the building site and, if no rear yard is provided, the rear boundary of the side yard shall be the rear line of the building site.

Zero lot line housing: Single-family detached housing having only one side yard, with a wall without openings on the other side lot line. Such "zero lot line" housing may be referred to as patio or garden-type homes.

(City Code 1965, App. A, art. II; Ord. No. 4142, § I, 3-9-88; Ord. No. 5187, § I, 1-26-94; Ord. No. 6399, § 1(A), 3-28-01; Ord. No. 6945, § I, 12-15-04; Ord. No. 7350, § I, 9-12-07; Ord. No. 7969, § I(Att. A), 3-30-11; Ord. No. 7970, § I(Att. A), 4-13-11; Ord. No. 8766, Att. A, 8-24-16; Ord. No. 8770, § I(Exh. A), 9-21-16; Ord. No. 9037, § VI, 3-27-19)

State Law reference— Definitions relating to zoning, R.S. 33:4722.1.

Sec. 28-2. - 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 of other open spaces, a lower height of buildings, a greater percentage of lot 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, ordinances or regulations shall govern.

(City Code 1965, App. A, art. X, § A)

State Law reference— Conflicting regulations, higher standards to apply, R.S. 33:4729.