The following regulations shall apply in all districts as established in Article III of this chapter:

(a)

Areas subject to inundation. Certain areas are subject to periodic inundation, making them unsafe for human habitation. No structure or portion thereof which is designed for dwelling use or as a place of public assembly shall be erected or altered for such uses, where the land to be covered by such structure or portion thereof has been designated by the zoning administrator as uninhabitable, until the conditions making the land uninhabitable have been corrected. Land that is permitted to be used shall not be considered to be guaranteed by the parish council against flood or other hazard.

(b)

Natural production uses. In any district the extraction of oil, gas or other natural mineral deposit, including sod, sand, clay or gravel, may be permitted upon the approval of the board of adjustment and subject to such terms and conditions as the board may fix for the protection of adjacent property and uses.

(c)

Illumination of uses. Lighting facilities used to illuminate signs, parking areas or for other purposes shall be so arranged that the source of light is concealed from adjacent residential properties and does not interfere with traffic.

(d)

Prior restricted land. Notwithstanding the prohibition of residential uses in business and industrial districts, land that lies in business or industrial districts as established herein, but which land was restricted by covenants recorded prior to the effective date of the ordinance from which this section derives to residential use, may be put to such residential use; provided, however, that such residential use shall meet all of the building site area, yard, height and other requirements of the R-3 Districts, "Multiple-family residential districts."

(City Code 1965, App. A, art. IV, § A; Ord. No. 7350 § I, 9-12-07)

Cross reference— Motor vehicles and traffic, Ch. 18.

State Law reference— Levees and drainage, R.S. 38:111 et seq.

The following regulations shall apply in all districts as established in Article III of this chapter:

(a)

Dwelling on small building site. Where a lot located in a residential or C-4 District contains an area less than the required building site area for the district on the effective date of the ordinance from which this section derives and was existing and of record and held in separate and different ownership from any lot immediately adjoining, such lot may be used as the building site for a one-family dwelling. Where the zoning commission for the city has approved a final plat for a planned unit residential development project permitting development of smaller building site areas than otherwise provided for by this chapter, any such building site which does not otherwise meet the minimum building site area requirements of this chapter may be used for a one-family dwelling in accordance with the conditions of approval of the planned unit residential development plat.

(b)

Commercial and industrial uses on small building sites. Where a lot located in a C-5, I-1 or I-2 District contains an area less than the required building site area for the district and was existing and of record and held in separate and different ownership from any lot immediately adjoining such lot may be used as a building site for any permitted use in the district in which it is located.

(c)

Visibility at intersections. On a corner building site in any district in which a front yard is required, no fence, wall, hedge or other structure or planting more than three (3) feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line connecting such street lines at points thirty (30) feet from the point of intersection measured along such street lines.

(d)

Accessibility for fire protection. On every building site, all structures shall be accessible to fire-fighting equipment.

(e)

Home occupations and nameplates. For the purpose of providing required building site area, a home occupation or a nameplate shall be considered as being part of the use to which it is attached.

(f)

Visibility for driveway egress. In any district, no fence, wall, structure, tree, shrub or planting more than three (3) feet in height shall be erected, placed or maintained in such a manner as to prevent a clear, unobstructed view of approaching traffic for the driver of a vehicle within fifteen (15) feet from the driveway's street line.

(City Code 1965, App. A, art. IV, § B; Ord. No. 6741, § I, 3-26-03; Ord. No. 7350 § I, 9-12-07)

Cross reference— Fire protection and prevention, Ch. 8.

State Law reference— Municipal building regulations and permits, R.S. 33:4744.

The following regulations shall apply in all districts as established in Article III of this chapter:

(a)

Height exceptions. The height limits for the various districts shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human habitation nor to chimneys, ventilators, skylights, water tanks, parapet walls, cornices or necessary mechanical appurtenances usually carried above the roof level, provided that such features are limited to the height necessary for their proper functioning. Commercial radio and television antennae or towers, in those districts where permitted, shall not be subject to the height limits provided for in such district, but shall be subject to the approval of the board of adjustment in order that such board may set such reasonable terms and conditions as may be necessary for the protection of adjacent property and uses.

(b)

Excess height. In any district any main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located, provided that each required front, side and rear yard is increased one (1) foot for each foot of such excess height, and provided further, that where no front yard is required, the part of the structure exceeding the height specified for the district shall be set back from the vertical planes of all street lines one (1) foot for each two (2) feet of such excess height.

(c)

Compensating bulk and open space. To permit variety in the shape and bulk of structures in any district, part of a main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located without increasing the yards or creating the setback as required above, provided a volume of space at least equal to the volume of space occupied by the structure exceeding the height limit is provided and kept open below the height limit; it is intended that such open space below the height limit shall compensate for the excessive bulk above the height limit, and to this end, both the excess bulk and the compensating open space shall be provided on the same building site.

(d)

Accessory structures. No accessory structure shall exceed the height of the main structure.

(City Code 1965, App. A, art. IV, § C; Ord. No. 7350 § I, 9-12-07)

State Law reference— Planning for the height of buildings, R.S. 33:106.

The following regulations shall apply in all districts as established in Article III of this chapter:

(a)

Front yard depth. In any residential district, any building site lying between two (2) building sites adjacent thereto and having dwellings erected upon them on the effective date of the ordinance from which this section derives shall have a front yard equal in depth at least to the average depth of the front yards of the building sites adjacent thereto; provided however, that no front yard shall be less than twenty (20) feet in depth, and no front yard shall be required to be more than thirty (30) percent of the depth of the building site.

(b)

Side yard at abutting districts. Where the side line (and rear line, in the case of a corner lot) of a building site in a business or an industrial district, except a C-4 District, abuts upon the side line of a building site in any residential district, there shall be provided on the building site lying in the business or industrial district and adjacent to the residential district a side yard (and rear yard, in the case of a corner lot) not less than twenty-five (25) feet in width. No part of the side yard required herein shall be used for a building or for any purpose other than landscaping; provided, however, that if screen planting at least eight (8) feet in height is provided and maintained, then as much as twenty (20) feet of the required side yard may be used for parking or other open air purposes not detrimental to the purpose of protection of the adjacent residential district.

(c)

Corner building site. In any district a corner building site having to its rear a building site facing toward the intersecting or side street shall have provided on the intersecting or side street of the corner building site a side yard having width equal at least to the depth of the front yard required for a structure on the building site to the rear of the corner building site; provided, however, that this regulation shall not be applied to reduce the buildable width of the corner building site to less than thirty (30) feet nor require a side yard of more than fifteen (15) feet except in the case of an R-1 District where the required side yard shall be twenty (20) feet for lots in subdivisions approved after November 19, 2014.

(d)

Projecting architectural features. Every part of a required yard shall be open and unobstructed from the ground to the sky except for permitted accessory structures and for the ordinary projections of sills, belt courses, cornices, buttresses, eaves and similar architectural features, provided that such projections shall not extend more than two (2) feet into any required yard. Open fire escapes may extend into any required yard not more than three and one-half (3½) feet.

(e)

Accessory structures. In any business or industrial district no accessory structure shall occupy any part of the required rear yard, except that in the C-4 Districts an accessory structure for parking facilities, where the main building is a dwelling, may occupy not more than thirty (30) percent of the required rear yard; in any residential district, no accessory structure shall occupy more than thirty (30) percent of a required rear yard; and in no district shall an accessory structure occupy any part of a required front or side yard.

(1)

Side yard and rear yard requirements. No accessory structure shall be erected or altered so that it is closer to any side or rear line than five (5) feet.

(2)

Corner building site. No accessory structure on a corner building site having to its rear a building site facing toward the intersecting or side street shall be erected or altered nearer to the intersecting or side street line than the front building line to be observed by any structure on the building site to the rear of the corner building site.

(3)

Residential accessory structures. Portable storage units shall not be permitted as permanent accessory structures in residential districts or on a property used for residential purposes. Portable storage units may be permitted at the time of building permit application for construction or renovation of residential property. Such units shall be removed in a timely manner, not to exceed thirty (30) days, after the termination of the construction or renovation. Portable storage units not affiliated with construction, renovation or relocation that remain on residential property for more than thirty (30) days shall apply for and obtain a permit from the planning department prior to placement.

(f)

Major street lines. Front yard depth and, in the case of a corner building site, side yard width, shall be measured from the future street right-of-way line of a major street where such line has been established on the major street plan and where such major street follows the general direction of and includes the right-of-way contained in an existing street on which said building site abuts.

(g)

Fences and walls. No fence or wall that obstructs sight shall be erected or altered in any required front yard to exceed a height of four (4) feet, and no fence or wall other than the wall of a permitted structure shall be erected or altered in any required side or rear yard to exceed a height of eight (8) feet.

(1)

No fence or wall more than three (3) feet in height shall be erected or altered in such a manner as to prevent a clear, unobstructed view of approaching traffic for the driver of a vehicle within fifteen (15) feet from the driveway's street line.

(h)

Buffer protection. Wherever the boundary of a residential district is coterminous with the boundary of a commercial or industrial district and residential lots abut commercial or industrial lots, there shall be provided and maintained on the commercial or industrial land abutting the residential district a brick, wood, or vinyl fence, which is at least six (6) feet in height and obstructs view, the design and specifications of which shall be subject to the approval of the zoning administrator. However, if the boundary of a residential use is expanded or a new residential use is created coterminous with an existing commercial or industrial district or use, it will be the responsibility of the residential developer to construct the buffer protection as part of the development at his own expense.

(i)

Screen planting. Screen planting shall, in all cases where herein required or permitted to be used in lieu of other protection, be of sufficient height, but in no case less than eight (8) feet, two (2) years after planting, and density to afford protection from the glare of lights, from blowing papers, dust and debris, from visual encroachment and from excessive transmission of noise. It shall be maintained in a clean and neat condition.

(City Code 1965, App. A, art. IV, § D; Ord. No. 6741, § I, 3-26-03; Ord. No. 7350 § I, 9-12-07; Ord. No. 7801, § I, Att. A, 3-24-10; Ord. No. 7829, § I, Att. A, 5-26-10; Ord. No. 7968, § I(Att. A), 3-30-11; Ord. No. 8491, § I(Att. A), 11-19-14)

Cross reference— Fire protection and prevention, Ch. 8.

State Law reference— Erection of structures in compliance with major street plan, R.S. 33:116.

In all districts, as established in Article III of this chapter, in which retail uses greater than twenty-five thousand (25,000) square feet in gross floor area are authorized, the following standards apply:

(1)

Site design.

a.

Streetscape. The streetscape on all public street frontages shall be improved, subject to the review of the planning department staff and the public works director, if any improvements are located in the public R.O.W. The retention of existing street trees and the planting of new street trees, with the approval of the planning department, is encouraged.

b.

The development shall provide a continuous edge that defines the public domain, reinforces the streetscape and encourages pedestrian activity, by utilizing one (1) or more of the following defining elements:

1.

Building face where at least one (1) side of the building, preferably the longer building face, is aligned with the public sidewalk;

2.

Low wall, canopy structure, or decorative fence;

3.

Sufficient landscaping to define the edge (refer to landscape design, subsection of this article);

4.

Street furniture, such as seating;

5.

Sidewalk treatment to define the public sidewalk.

c.

On sites where the parking lot rather than the building creates the edge, the following shall be provided:

1.

A row of shade trees and a thirty-inch-high continuous evergreen hedge between the parking area and the public sidewalk;

2.

Landscaped pedestrian walkways from the street through the parking lot to the building entrance;

3.

Decorative fencing.

d.

One (1) detached sign per street frontage limited to twelve (12) feet in height.

(2)

Public spaces.

a.

Areas near building entrances serve as transitional space for pedestrians entering or leaving the building. These drop-off/pick-up areas shall be considered an integral part of the overall development and shall, therefore, offer attractive and inviting pedestrian scale features, spaces and amenities. Bus stops that are adjacent to the development shall also be considered as part of the public space and shall be enhanced. Pedestrian ways shall be anchored by special design features such as arcades, porticos, pedestrian light fixtures, bollards, planter walls, decorative paving and other architectural elements that define circulation ways and outdoor spaces. Outdoor spaces can include plazas, patios, courtyards, and window shopping promenades.

b.

Each retail establishment shall provide at least two (2) of the following:

1.

Patio/seating area;

2.

Pedestrian plaza;

3.

Window shopping promenade;

4.

Kiosk area; or

5.

Other such deliberately shaped area and/or focal feature or amenity that adequately enhances the community and public spaces.

c.

The features shall be constructed of the same high-quality materials as the principal materials of the building.

d.

The public areas shall have direct access to the public sidewalk system.

e.

Pedestrian areas shall be protected from vehicular intrusion with landscaping and curbs or bollards that are integrated into the overall site design and should be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, or scored concrete to enhance the walkways and to provide for pedestrian safety and comfort.

f.

Generous landscaped pedestrian walkways with weather protection shall be provided along the side of the building facade facing the parking lot and within thirty (30) feet of all customer entrances.

All areas intended for general public use shall be accessible to people in wheelchairs, strollers, bicycles, etc.

(3)

Entrances. Easy access to large retail buildings benefits both the retailer and the public. Wheelchairs, bicycles, strollers, and other modes of transportation shall all be able to easily use these developments. Large retail buildings shall feature multiple entrances. Multiple entrances reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenient access to departments within the store.

a.

All sides of a principal building that directly face an abutting public street shall feature at least one (1) customer entrance. Where a principal building has frontage on more than two (2) abutting public streets, this requirement shall apply only to two (2) sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street. The use of a corner entrance shall be considered as satisfying the requirement for an entrance for only one (1) side of the principal building.

b.

Entrances shall be organized and clearly marked so as to minimize pedestrian, bicycle and automobile traffic conflicts.

(4)

Service operations.

a.

Any service area shall be set back from the property line a minimum of twenty (20) feet. This setback area shall serve as a landscape buffer (see landscaping requirements for interior vehicle use areas, subsection (7)b. of this section). Service areas shall be separated from the public right-of-way by a masonry wall a minimum of six (6) feet in height.

b.

Service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. These operations shall be screened, recessed or enclosed. Refuse storage areas shall be enclosed with an opaque screen, with gates, a minimum of six (6) feet in height.

c.

Materials used to screen service functions shall be of the same high-quality materials as the principal materials of the building.

d.

No areas for service operations or trash storage shall be located within twenty (20) feet of any public street, public sidewalk or internal pedestrian walkway.

e.

The location of service operations in designated alleyways versus along street frontages is encouraged.

(5)

Parking lot design.

a.

Location, size and scale. Whenever possible, parking lots shall be distributed around the building to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface.

b.

Off-street parking shall be provided at a rate of one (1) space per three hundred (300) square feet of floor area.

c.

Shared parking opportunities with adjacent commercial uses shall be considered whenever possible.

d.

Developments that are located on streets that have a strong pedestrian orientation shall locate parking lots to the side or rear of the main building. If conditions require that off-street parking must be located in the front of the building, no more than fifty (50) percent of the required off-street parking shall be located between the front facade of the building and the abutting street.

e.

Required parking shall be broken up into smaller articulated areas with landscaping, driveways and pedestrian walkways creating smaller defined squares within the overall development.

f.

Street closure to provide off-street parking is prohibited.

g.

When off-street parking is proposed for sites located across the street from the development, traffic control devices shall be used to provide for pedestrian safety with the sidewalk connections and crosswalks clearly distinguished from the roadway surfaces.

h.

Circulation. Parking lots should be designed to be equally pedestrian and vehicular oriented.

1.

Direct pedestrian routes shall be provided through parking areas and across the site to other destinations.

2.

Convenient, safe and secure bicycle parking shall be provided for employees and customers.

(6)

Landscape design. Landscaping shall be conceived as an integral part of the overall site development. The landscaping shall be in scale with the development and shall be designed to adequately impact the various portions of the site. Large sites require more substantial and more extensive planting than small sites. The provision of shade is essential.

a.

Perimeter landscaping. Major street frontages shall have a minimum twenty twenty-foot setback from the public right-of-way to any vehicular use area. Within this setback shall be planted shade trees (at a rate of one (1) tree per twenty-five (25) linear feet of street frontage (ten (10) to twelve (12) feet in height) and shrubs a minimum of thirty (30) inches in height. Plants other than shrubs may be considered for fulfilling this requirement, such as palms, or other herbaceous perennials, providing they meet the minimum size requirements. Trees may be spaced evenly or in groups or clusters. Secondary street frontages shall have a minimum landscaped setback of ten (10) feet from the public right-of-way to any vehicular use area following the above-stated planting requirements.

b.

Whenever a vehicular use area is visible from a public right-of-way, it shall be screened by a continuous evergreen hedge, earth berm, or low decorative wall a minimum of thirty (30) inches in height and a row of shade trees.

c.

Internal pedestrian walkways shall be no less than six (6) feet in width and shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such material for no less than fifty (50) percent of their length.

d.

Sidewalks, not less than eight (8) feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting parking areas. Such sidewalks shall be located at least six (6) feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades, entryways or window shopping areas are part of the facade.

e.

All areas designed for pedestrian use shall provide pedestrian-scaled lighting mounted on building walls, overhangs or poles to indicate all pedestrian routes. The maximum height for lighting along pedestrian pathways shall be twelve (12) feet.

(7)

Vehicular use areas.

a.

Screening.

1.

When a vehicular use area abuts any residential district or permitted residential use, a seven (7)-foot-high opaque screen shall be required along the abutting edge. The screen shall consist of a masonry wall, wooden fence, earth berm, opaque hedge, or any combination thereof.

2.

When the service area abuts a residential district or permitted residential use, a landscaped setback of twenty (20) feet shall be provided. Within this setback shall be planted a row of evergreen trees spaced twenty (20) feet on center.

b.

Interior landscaping of vehicular use areas.

1.

At least ten (10) percent of the interior vehicular use area shall contain landscaped areas.

2.

Each interior landscaped area shall be at least one hundred (100) square feet in area.

3.

The length of any side shall be at least five (5) feet.

4.

The interior landscaped areas shall be raised and curbed with permanently anchored vertical curbing six (6) inches high except when existing trees are to be preserved.

5.

Each interior landscaped area shall have an approved shade tree planted at the minimum ratio of one (1) tree per four hundred (400) square feet of interior landscaped area and a minimum of one (1) tree per island.

6.

There shall be at least three (3) shrubs (having a minimum height of two (2) feet upon installation) for each tree planted within the development. Such shrubs may be planted in any combination or configuration. Plants other than shrubs may be considered for fulfilling this requirement, such as palms, or other herbaceous perennials, providing they meet the minimum size requirements.

7.

The preservation of existing trees within the site and within the public right-of-way is encouraged.

(8)

Building design.

a.

Architectural character. The facades of large retail buildings shall be articulated to reduce the massive scale and uniform appearance and to provide visual interest that will be consistent with the community's identity, character and scale.

1.

Building facades greater than one hundred (100) feet in length shall incorporate recesses and projections for at least twenty (20) percent of the facade length.

2.

Display windows, entry areas, awnings, arcades, or other such features shall total at least sixty (60) percent of the horizontal length of the ground floor facade which provides the primary entrance.

3.

Roofs shall have at least two (2) of the following features:

4.

Parapets concealing flat roofs and rooftop equipment from public view. The average height of such parapets shall not exceed fifteen (15) percent of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment.

5.

Overhanging eaves, extending no less than three (3) feet past the supporting walls.

6.

Roof heights that are less than the height of the supporting walls.

7.

Three (3) or more roof planes.

b.

Materials and color.

1.

Predominant exterior building materials shall be high-quality materials, including, but not limited to, brick, wood, stone or tinted, textured concrete masonry units.

2.

Predominant exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels or pre-fabricated steel panels.

3.

Facade wall colors shall be low reflectance, subtle neutral colors. The use of high-intensity colors, metallic colors, black or fluorescent colors is prohibited.

4.

Building trim and accent areas may feature brighter colors, including primary colors.

c.

Signage.

1.

Backlit awnings shall be prohibited.

2.

Attached signage shall be an integral part of the building design.

3.

The size of permitted attached signage shall be determined by the underlying zoning district.

(9)

Traffic impact analysis. All retail developments greater than twenty-five thousand (25,000) square feet in area shall be required to submit a traffic impact analysis describing the impact of the development on the surrounding transportation system in accordance with this section.

a.

Procedure.

1.

Prior to undertaking a traffic impact analysis, the developer shall meet with the zoning administrator or his designee in order to determine the scope of the traffic impact analysis, including, but not limited to, the geographic area of study, all other pertinent issues, and the manner in which those issues shall be evaluated.

2.

The traffic impact analysis shall be submitted to the office of the zoning administrator for review and approval. Approval shall be evidenced by the signature of the zoning administrator. Appeal of the director's decision may be made to the board of adjustments.

b.

Nature of study. The traffic impact analysis shall be signed by a certified traffic engineer or other qualified transportation planning professional responsible for the supervision and preparation of the analysis (unless specifically excepted by the zoning administrator) and shall include, but not be limited to, the following:

1.

A site location analysis which shall include a description of the existing site; surrounding land use and zoning; existing street network, including adjacent streets and surrounding intersections; existing vehicular and pedestrian circulation systems.

2.

A description of existing traffic conditions and operations which shall include current peak hour traffic volumes, current average daily traffic counts, modal splits, levels of service, and turning movement counts for adjacent streets and nearest intersections.

3.

A trip generation, assignment and capacity analysis which shall include estimates of site-generated traffic for peak hour of surrounding streets including an estimate of the number of daily employee and visitor trips according to mode (auto, transit, walk, other) which the development will generate, assuming full occupancy; and an evaluation of the impact of site-generated traffic on surrounding street system and intersections.

4.

A parking analysis shall include the number and location of parking spaces required; parking layout; location of ingress and egress points, and possible impacts on through traffic; number and location of loading docks and truck access routes.

5.

A plan to address traffic impacts, which shall include alternative measures for mitigating impacts.

6.

The zoning administrator may require additional information, diagrams and drawings in order to evaluate the impacts of the proposed use.

c.

Approval criteria.

1.

Trip generations, assignment and capacity analysis must be performed in accordance with standard procedures outlined in the current Institute of Transportation Engineers "Trip Generation Manual" and the "Highway Capacity Manual," or other methodologies approved by the Terrebonne Parish Planning Commission staff. Trip generation shall be measured on the basis of the average trip rate of either peak hour of adjacent street traffic (AST) or peak hour of the generator, whichever is greater. If more than one (1) independent variable exists in the "Trip Generation Manual" for the appropriate land use category, the category which has a higher average total trip rate for peak hour of adjacent street traffic of generator shall be used.

2.

The Terrebonne Parish Planning Commission shall evaluate the traffic analysis to determine the magnitude of impacts on the transportation system, as well as the impacts on the surrounding land uses. Factors considered in evaluating the impacts on the transportation system include, but are not limited to:

i.

Changes in level of service on adjacent streets and/or at nearby intersections.

ii.

Requirements for changes in the circulation pattern to accommodate site development.

iii.

The proposed creation or closure of streets.

iv.

Proposed changes to street direction.

v.

The presence of an historic street grid.

vi.

Adequacy of parking.

vii.

For those sites located within historic districts, the history of the street itself.

viii.

Surrounding land uses.

ix.

Increased truck or auto traffic and off-street parking.

x.

Impacts on the various types of street construction and size of the street.

d.

Mitigation measures. Should adverse impact to the transportation system be determined as a result of the development, mitigation measures shall be required of the developer.

e.

Appeals. Application for any variance or waiver from requirements set forth herein or from the regulations of the underlying zoning district shall be reviewed and approved by the board of adjustments . The request shall be submitted to the land use and zoning commission accompanied by any site plans, drawing or data, either written or graphic, as deemed necessary by the commission for review and recommendation. Upon receipt of the land use and zoning commission recommendation, the board of adjustments shall fix a reasonable time for the hearing of the appeal, which hearing shall be open to the public. Public notice of the hearing shall be given, and notice shall be given to the appellant or applicant and to the office of the zoning administrator. The board shall exercise its authority to grant the variance in accordance with the provisions of Article IX governing variances.

For the purpose of considering a request for variance of the regulations contained in this section, the board of adjustments shall adhere to the provisions of Article IX governing variances as well as the following criteria:

1.

The granting of the variance is not inconsistent with the general provisions, intent and design requirements.

2.

Harmony and compatibility with adjacent land uses would not be adversely affected.

3.

Special conditions and circumstances exist which are peculiar to the land, structures, or buildings and which are not compatible to other land, structures, or buildings in the same district.

(Ord. No. 7350, § I, 9-12-07)

(a)

Purpose. The purpose of the Major Corridor Overlay District provisions contained herein is to preserve and enhance the character of the urbanized areas of Terrebonne Parish in the major transportation corridors. The overlay regulations are intended to supplement the regulations of the underlying base zoning districts established in Article III of this chapter, to provide for the harmony and compatibility of development in the overlay regulations, and to establish a positive design image along the corridors.

(1)

Regulations of the underlying base zoning district. Unless otherwise noted in these overlay district regulations, the regulations of the underlying zoning district shall apply.

(2)

Permitted uses. The permitted uses, prohibited uses and conditional uses in the Major Corridor Overlay District shall be in accordance with the uses permitted in the base zoning districts as listed in the individual district regulations of this zoning ordinance, with the following exceptions or stipulations:

a.

In the overlay district, nightclubs, bars, lounges, taverns and any other use that generates more than fifty (50) percent of its revenue through the sale of alcohol may not locate within one thousand (1,000) feet of any school, church, recreation area or playground, or any residentially zoned district, as measured from the front property line of the business along the highway corridor in any direction.

b.

In the overlay district, campgrounds shall be prohibited.

(b)

Major Corridor Overlay District boundaries. Any lot, lot of record, or parcel of land made up of lots, lots of record or combination of lots and portions of lots in single ownership, which are considered to be a single parcel under the provisions of these regulations and which abut and/or have access to any of the designated corridors shall be considered to be a parcel within the Major Corridor Overlay District and shall be subject to the regulations of this overlay district. The corridors that make up the Major Corridor Overlay District shall be:

(1)

Hwy 311, from Barrow Street to Savanne Road.

(2)

Tunnel Boulevard/M.L. King Boulevard, from Barrow Street to LA 24.

(3)

Westside Boulevard.

(4)

Valhi Boulevard.

(5)

Bayou Gardens Boulevard.

(6)

South Hollywood Road, from LA Hwy 311 to Valhi Boulevard.

(c)

Major Corridor site development regulations.

(1)

Control of access. Each site in the overlay district shall be allowed one (1) two-way accessway no more than thirty (30) feet wide, or two (2) one-way accessways no more than twenty (20) feet wide per one hundred (100) feet of lot frontage or major fraction thereof with no more than two (2) accessways per establishment.

(2)

Setbacks. The following landscaping and setback regulations supercede and take precedence over any landscaping and setback regulations in the underlying zoning districts, unless otherwise stipulated.

a.

Building setbacks. Front yard, side yard and rear yard building setbacks shall be those set forth in the underlying zoning district regulations.

b.

Parking area setbacks. Parking must be set back a minimum of ten (10) feet from the property line abutting a street right-of-way. A minimum parking area setback of five (5) feet must be maintained on any interior side or rear property line up to the front building setback. These parking area setbacks that abut a public right of way or street shall act as a landscape buffer area.

(3)

Landscaping generally. A landscaping plan must be submitted to the Terrebonne Parish Department of Planning and Zoning for review at the time a building permit is applied for.

a.

Landscape buffer requirements. The landscape buffer area, identified as the required ten-foot vegetative green area within the property line abutting all public rights-of-way, shall contain small trees, shrubs and other landscape elements.

b.

Trees shall be planted at the rate of one (1) per twenty-five (25) feet of street frontage. These trees may be spaced evenly or planted in groups or clusters.

c.

Due to their compatibility with conditions in southeast Louisiana, acceptable tree species are limited to Bald Cypress, Southern Magnolia, Swamp Red Maple, Red Oak, Water Oak, Live Oak, Green Ash, Sweet Gum, Bradford Pear, Shumard Oak, Sycamore, Slash Pine, Longleaf Pine, River Birch, Sweet Gum, Cherry Bark Oak, Pin Oak, Willow Oak, Wax Myrtle, Crepe Myrtle and Chinese Elm. Trees shall be a minimum of twelve (12) feet in height with a minimum two-inch caliper trunk size at the time of planting. Multi-trunk Wax Myrtles and Crepe Myrtles must be a minimum two-inch caliper trunk size and eight (8) feet in height at the time of planting and cannot make up more than fifty (50) percent of the total required trees.

d.

Other species may be included but may not be counted toward fulfilling the requirements of this section.

e.

Landscape areas with shrubs shall be installed in a mulched bed with a minimum of three (3) square feet of bed per linear feet of street frontage. Shrubs shall be a minimum height of two (2) feet when planted.

(4)

Interior landscaping. When a vehicular use area is over five thousand (5,000) square feet, landscaped areas within the interior of the vehicular use area shall be provided. Vehicular use areas can be considered all required paved parking areas including the aisles and driveways.

a.

The total of all interior landscaped areas shall occupy at least eight (8) percent of the vehicular use area.

b.

Each interior landscape area shall be at least one hundred (100) square feet in area with a minimum width of five (5) feet.

c.

The interior landscaped area shall be raised and curbed with permanent concrete curbing using a six-inch vertical section in order to protect the area from vehicular traffic.

d.

Each interior landscaped area shall have at least one approved tree, as provided in subsection (c)(3)c. above, and planted at a minimum ratio of one (1) tree per one hundred (100) square feet of interior landscaped area.

e.

Each interior landscaped area shall have shrubbery and be sodded.

f.

The required five-foot interior side parking area setback will be counted as part of the minimum eight (8) percent interior landscape area requirements. Plantings in these strips shall be one (1) tree per one hundred (100) square feet of interior landscaped area.

(5)

Height of structures. The following height regulations supercede and take precedence over any height regulations in the underlying zoning districts, unless otherwise stipulated.

a.

Buildings. The maximum height of any building in the overlay district shall be thirty-five (35) feet. In the case of telecommunications towers, the height shall not exceed one hundred fifty (150) feet.

b.

Signs. The maximum height of any detached sign in the overlay district shall be twenty-five (25) feet, measured from the street centerline.

c.

Lighting standards. The maximum height of any lighting standard in the overlay district shall be twenty-five (25) feet. Lighting standards must also project light downward.

(6)

Signs. The following sign regulations supersede and take precedence over the sign regulations in the underlying zoning districts.

a.

Sign permits. No sign may be erected without a sign permit. The department of planning and zoning shall provide a sign permit application and shall review and approve the proposed sign(s) for compliance to these regulations. The applicant must also provide a sign plan showing the location of the sign or signs on the site, and an elevation view depicting the proposed dimensions, colors, lighting, text of the proposed sign or signs.

b.

Prohibited signs within the overlay district.

1.

Off-premises or billboard signs.

2.

Portable signs.

3.

Readable message signs, unless they are part of or incidental to the primary sign. The size of the changeable message portion of the sign shall be limited to twenty-five (25) percent of the total permitted sign area.

4.

Pole signs.

c.

Sign contents. Identification by letter, number, symbol or design of the use and its name and/or address, unless otherwise noted.

d.

Main building (attached) sign. Each business on the site shall be permitted one (1) sign mounted flat on the street facades of the building.

1.

Permitted sign area. The maximum permitted sign area shall be computed at one (1) square foot of sign area per linear foot of building width or individual tenant space along the wall on which the business has its main entrance. In no case shall the area of the sign be greater than seventy (70) square feet. Illuminated signs shall be included in the computation of aggregate sign area and shall be limited to ten (10) percent of the total glass area of the window in which they are placed.

2.

Permitted dimensions. The height of any attached main building sign measured from the bottom to the top shall be no greater than one-half (½) the width from one (1) side to the other.

3.

Permitted height. No attached main building sign shall be erected above the parapet level of the main building.

4.

Permitted illuminations. Attached signs may be illuminated but may not flash, blink or fluctuate.

5.

Animation. No sign shall be animated or change physical position by any movement or rotation.

6.

Nonilluminated paper signs. Nonilluminated paper signs shall be allowed in show windows, but are limited to ten (10) percent of the total glass area of the window in which they are placed.

e.

Canopy signs. Each business on a site shall be permitted no more than two (2) canopy signs. The area for each canopy sign shall be limited to six (6) square feet mounted perpendicular to the building facade over the pedestrian walkway or under the front canopy.

f.

Directional signs. Signs that give directions to motorists regarding the location of parking areas, drive-through lanes and access drives shall be permitted as accessory signs and shall not be included in any computation of sign area. Directional signs are limited to four (4) square feet each and shall not be more than six (6) feet in height above the driving or paved surface. They may be illuminated but shall not flash, blink, fluctuate nor be animated.

g.

Detached signs. "Detached" is defined as any permanent on-premises sign not connected or supported by the building and which advertises the premises' business, service or name. Each site shall be allowed one (1) detached sign subject to the following regulations:

1.

Permitted sign area. The allowable total sign area for a site shall be computed at one (1) square foot per linear foot of street frontage along the adjacent public right-of-way. The maximum sign area for a site containing less than two (2) acres shall be seventy (70) square feet per side. The maximum allowable sign area for a site containing two (2) acres or more shall be one hundred (100) square feet per side. On a corner property, a second detached sign can be erected on the side street but such second sign shall not be more than fifty (50) percent of the area of the front detached sign.

2.

Permitted height and location. Detached signs shall be set back from all adjacent public street rights-of-way at a distance at least equal to the height of the sign. The setback shall be measured from the nearest part of the sign to the public street right-of-way. No detached sign, except monument signs as noted in subsection 5., below, shall be higher than twenty-five (25) feet in height when measured from the street curb of the adjacent street.

3.

Permitted illuminations. Detached signs may be illuminated but may not flash, blink, fluctuate or be animated.

4.

Animation. No detached sign shall be animated or change physical position by any movement or rotation.

5.

Monument signs. A monument sign may be located in the most rearward five (5) feet of the required ten-foot landscape buffer area. Monument signs shall not exceed a height of seven (7) feet from the driving or paved surface. Mounds or berms on which a monument sign is located shall be no more than two (2) feet in height above the average lot elevation.

6.

Temporary detached signs. Temporary detached signs are strictly prohibited in the overlay district.

7.

Flags, streamers, banners, and pennants. Flags, streamers, banners or pennants, when used to advertise products or services are considered signs. They may only be displayed in connection with grand openings or special events no more than once semiannually for any one (1) business entity or applicant. Such signs may be displayed for a period not to exceed fourteen (14) consecutive calendar days upon the issuance of a temporary permit by the department of planning and zoning. This in no way prohibits or infringes upon the right to display the American flag or other political or other flags if displayed in a patriotic and nonadvertising manner.

h.

Legally nonconforming signs. Any fixed structure sign in compliance with parish regulations located within the overlay district at the time these overlay district regulations become effective and that do not conform to these overlay district regulations shall be considered legally nonconforming signs. Any alteration as to size, shape, height or location shall immediately cause the sign to lose its legally nonconforming status and become subject to removal upon proper notice.

1.

Portable signs located in the overlay district in existence at the time of the adoption of this ordinance [Ordinance 7350, adopted September 12, 2007] must be removed within one hundred twenty (120) days from the day this ordinance becomes effective. Failure to do so will constitute a violation of this zoning ordinance.

2.

A portable sign may be allowed on a temporary basis for a period of not more than seven (7) days in any one (1) calendar year. An application for a temporary portable sign permit must be obtained from and submitted to the Terrebonne Department of Planning and Zoning.

(7)

Building materials. The front elevation of all buildings in the Overlay District must have an exterior surface of brick, stone, architectural block, stucco, glass, wood or vinyl siding. Architectural metal panel systems must be approved by the department of planning and zoning. Standard metal building panels are not acceptable. The architectural surface material must also be included on the front twenty (20) feet or the front twenty (20) percent of the side elevations, whichever is greater. In the case of telecommunications towers, only monopoles or specialized stealth facilities will be allowed.

(8)

Compliance with overlay district regulations.

a.

Change of permitted use. Whenever there is a change of use or tenant of an existing building or site in the overlay district, the new owner or tenant must comply with all applicable regulations of the parish. Any change of permitted use in the overlay district that would require an increase in the number of parking and loading spaces shall comply with the requirements of this zoning ordinance. No certificate of occupancy or occupational license will be issued pending a site plan review of the new use for compliance to parking, signs, and other regulations by the Terrebonne Parish Department of Planning and Zoning.

b.

Additions. Any additions to developments or structures, including the development of parking lots, that adds fifty (50) percent or more to the size of the original development, shall comply with the overlay district requirements.

c.

Renovations. Developments and structures existing at the time of overlay district designation shall comply with the overlay district regulations when renovation expenses in any twelve-month period exceed fifty (50) percent of the fair market value of the existing improvements in the development as shown in the most recent tax assessment. The applicant shall provide tax assessment information in affidavit form.

(Ord. No. 7350, § I, 9-12-07; Ord. No. 7641, 5-27-09; Ord. No. 7958, § I(Att. A), 2-23-11; Ord. No. 7971, § I(Att. B), 4-13-11; Ord. No. 8201, § I(Att. A), 10-10-12; Ord. No. 8508, § I(Exh. A), 1-28-15; Ord. No. 9640, § II, 9-10-24)

Editor's note— Former § 28-76, which pertained to sexually oriented businesses and was derived from Ord. No. 6841, § I, adopted Feb. 11, 2004, has been deleted pursuant to Ord. No. 7350. New provisions pertaining to sexually oriented businesses have been included as § 28-79.

(a)

Definitions.

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 in subsection 6-126(a) 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.

(b)

Truck stop location/regulations. Prior to approval for a building permit, for truck stops and truck stops with gaming devices, the Houma-Terrebonne Regional Planning Commission sitting as the zoning and land use commission shall review and approve or disapprove the plat/plan of any truck stop or truck stop with gaming devices along with requiring and reviewing any additional documentation necessary so as to insure the following:

(1)

The total development site of all truck stops and truck stops with gaming devices shall, in their entirety, be located within one thousand (1,000) feet of the U.S. Highway 90 right-of-way or the proposed I-49 corridor right-of-way.

(2)

Proposed drainage must comply with the Terrebonne Parish Storm Drainage Design Manual.

(3)

Sufficient means of ingress/egress to withstand the excess weight, the necessary turning radius for eighteen-wheeler tractor-trailers and to provide for emergency vehicle access. All plats shall require approval from the Louisiana Department of Transportation and Development for a driveway permit.

(4)

Illumination. Lighting must be concealed, baffled or oriented inward from adjacent property owners and shall not interfere with traffic.

(5)

Proposed on-site electrical or mechanical amplification devices must comply with the excessive noise provisions found in the Terrebonne Parish Nuisance Abatement Ordinance [Chapter 14 of this Code].

(6)

Traffic control measures shall be provided as recommended in a traffic and transportation impact analysis performed by a licensed traffic engineer which determines all impacts that affect the level of use on surrounding street systems, and any mitigation measures that may be appropriate so that the level of service is improved.

(7)

Landscaping may be required for parking lot, for landscaping of interior parking islands and for buffer landscaping along perimeter of property if deemed necessary and appropriate to protect surrounding properties from adverse impacts of the development including noise, excessive light and increased traffic.

(8)

Mandatory hard surfacing of all parking areas.

(9)

That the truck stop or truck stop with gaming devices conforms to all other applicable federal, state and local laws, including requirements of Louisiana state law as it pertains to developing a qualified truck stop with gaming devices.

(c)

As a prerequisite to approval for a permit, approval shall be received from the Louisiana Department of Environmental Quality for discharge permits.

(d)

In addition to all other standard permitting requirements, the regulations of the state fire marshal shall be complied with before building permits are issued and fire hydrants are placed where they will provide maximum fire protection of the development.

(e)

As of the effective date of this ordinance [Ordinance No. 6945], existing truck stops and truck stops with gaming devices may remain in existence as nonconforming uses subject to the following regulations:

(1)

Except as provided in this section, the lawful operation of any nonconforming use truck stop or truck stop with gaming devices, as such use existed on the effective date of the ordinance from which this section derives, or on the effective date of any amendment hereto by which the use became a nonconforming use, may be continued.

(2)

Within no more than three (3) years from the effective date of the ordinance [Ordinance No. 6945] from which this section derives, every nonconforming use shall comply with any protection standards established for the area in which such use is located.

(3)

The land area occupied by any nonconforming use truck stop or truck stop with gaming devices on the effective date of the ordinance from which this section derives or on the effective date of any amendment hereto by which the use became a nonconforming use shall not be increased.

(4)

A nonconforming use truck stop or truck stop with gaming devices in a structure may be extended throughout the structure, provided that no increase in the structural size of the building shall be made.

(5)

A nonconforming use truck stop or truck stop with gaming devices may be changed to a conforming use; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use. A nonconforming use truck stop or truck stop with gaming devices shall not be changed to any other nonconforming use.

(6)

Except as hereinafter provided, a nonconforming use truck stop or truck stop with gaming devices that has been abandoned or discontinued for a period of one (1) year shall not thereafter be re-established.

(7)

The right to operate and maintain any nonconforming use truck stop or truck stop with gaming devices shall terminate whenever the structure or structures in which the nonconforming use is operated and maintained are damaged, destroyed or become obsolete or substandard beyond the limits hereinafter established for the restoration of damaged nonconforming structures, provided that the right to operate and maintain in any structure or structures, the damage to or destruction of which is the result of fire, flood, windstorm, earthquake or other unforeseen cause, a use which was a conforming use at the time of its establishment, if established after the effective date of the ordinance from which this section derives, or a conforming use when such ordinance became effective, if established prior to such date, but which use has since become nonconforming as the result of a change in this article or the zoning map, and which structure or structures are damaged to the extent of more than eighty (80) percent of its replacement cost, shall not terminate if such structure or structures can be restored under the provisions of all applicable laws and ordinances and are so restored within one (1) year from the date of damage or destruction.

(f)

Appeals. An applicant may appeal decisions of the Houma-Terrebonne Regional Planning Commission sitting as the zoning and land use commission ("commission") to the Terrebonne Parish Council. Appeals shall be filed within thirty (30) days of the commission's decision. Appeals shall be filed in writing with the parish council clerk.

(g)

Upon receipt of appeal, the parish council shall notify the commission of said request for appeal.

(h)

Upon receipt of the request for appeal, the parish council must hear the appeal within thirty (30) days of receipt of the request. The parish council may override the decision of the commission by a two-thirds (⅔) vote of the full council.

(i)

There shall be no right of appeal to a board of adjustment.

(Ord. No. 7350, § I, 9-12-07)

(a)

Applicability. This section does not apply to on-premises signs advertising or identifying activities conducted on/or products sold on the property upon which they are located.

(b)

The types of outdoor advertising signs and their respective maximum sizes are as follows:

(1)

Junior panel sign: An outdoor advertising structure with the sign face, including border and trim, ranging from one (1) square foot to seventy-two (72) square feet in area;

(2)

Standard poster panel sign: An outdoor advertising structure with sign face, including border and trim, greater than seventy-two (72) square feet, but not exceeding four hundred (400) square feet in area;

(3)

Painted bulletin sign: An outdoor advertising structure with the sign face, including border and trim, greater than four hundred (400) square feet, but not exceeding seven hundred (700) square feet in area.

(c)

Outdoor advertising shall be permitted in only C-2, C-3, I-1, I-2, O-L, except as otherwise provided in other articles of this chapter. All signs shall be located on private property with the sign face of the structure set back from the property line a minimum of two (2) feet.

(d)

The maximum area of a sign face shall be seven hundred (700) square feet. No support structure shall exceed two (2) sign faces, which must be placed either back-to-back, or in a V-type position.

(e)

For the purpose of spacing, each side of a two-lane thoroughfare shall be considered conjointly and each side of a four-lane thoroughfare shall be considered separately, with the following spacing requirements:

(1)

A junior panel sign shall be located no closer than five hundred (500) linear feet, measured along a thoroughfare, to any other outdoor advertising sign;

(2)

A standard poster panel sign shall be located no closer than five hundred (500) linear feet, measured along a thoroughfare, to any other outdoor advertising sign;

(3)

A painted bulletin sign shall be located no closer than five hundred (500) linear feet, measured along a thoroughfare, to any junior panel sign or any standard poster panel structure, and shall be located no closer than fifteen hundred (1,500) linear feet, measured along a thoroughfare, to any other painted bulletin sign;

(4)

No outdoor advertising sign may be located in such a manner as to prevent the driver from having a clear, unobstructed view of traffic signs and approaching, merging or intersecting traffic and driveways.

(f)

The maximum height of any outdoor advertising structure shall be forty-five (45) feet, measured from ground level to the highest point of the sign.

(g)

Signs may be illuminated, subject to the following provisions:

(1)

No revolving or rotating beam or beacon of light shall be permitted as part of any sign. Flashing devices shall not be permitted upon a sign; however, illuminated signs which indicate customary public information such as time, date and temperature, or other similar information shall be permitted;

(2)

External lighting, such as floodlights, thin line and goose-neck reflectors are permitted, provided the light source is directed on the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of a traveled way;

(3)

No outdoor advertising structure shall be permitted to project into the direct line of vision of any official traffic-control signal, from any point in a moving traffic lane of a highway or street within six hundred sixty (660) feet of and approaching such signal.

(h)

The following outdoor advertising structures shall not be permitted:

(1)

Structures which are obsolete structures, not meeting construction standards, out-of-date political billboards, structures advertising defunct businesses, structures temporary or mobile in nature, and those which have been erected without a building permit;

(2)

Structures, which are not clean and in good repair;

(3)

Structures, which are illegal under state law or regulation;

(4)

Structures which do not meet local construction standards and/or standards as set forth in this chapter;

(5)

Structures, which were constructed or erected on or over a public right-of-way;

(6)

Signs, which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(i)

All signs shall be constructed in accordance with the building code of the parish. The structural elements of all signs shall be constructed of steel.

(j)

Preexisting nonconforming outdoor advertising.

(1)

Discontinuance. All existing outdoor advertising structures which are nonconforming according to the provisions of this chapter shall be discontinued and removed within ten (10) years of the effective date of the ordinance from which this section derives and after receiving notice as stated in subsection (j)(3) of this section.

(2)

Enlargement or extension. No nonconforming outdoor advertising structure shall be enlarged or extended whatsoever.

(3)

Enforcement of nonconforming signs. At the end of ten (10) years from the effective date of the ordinance from which this section derives, the owner of any nonconforming outdoor advertising structure shall be notified by certified mail to commence removal of such outdoor advertising structure within thirty (30) days of the date of the notice, with such removal to be completed within sixty (60) days. If, at the end of the sixty-day time period allotted for removal of such advertising structure, the owner fails to remove the structure, the parish government is authorized to enter upon the property whereupon the sign is located and to dismantle and remove such structure from the premises at the risk of the sign owner, to store the sign, and collect from the sign owner the cost of dismantling, removing, transporting, and storing the sign.

(k)

Substandard outdoor advertising. Those signs in the categories described below shall be removed within thirty (30) days from the effective date of the ordinance from which this section derives, or within thirty (30) days of the date such sign deteriorates or is damaged as described below:

(1)

A nonconforming outdoor advertising sign structure which becomes a safety hazard or dangerous under any applicable ordinance and for which the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the value of the damaged or deteriorated sign structure; or

(2)

A nonconforming outdoor advertising structure damaged in any manner and from any cause whatsoever to the extent of more than fifty (50) percent of the value of the damaged or deteriorated sign structure; or

(3)

A nonconforming outdoor advertising structure, which is not maintained in a state of good repair.

(4)

The parish government shall serve thirty (30) days' notice, by certified mail with return receipt, to the owner of such sign, to remove the same. In the event that the owner of an unlawful advertising sign fails or refuses to remove such sign after the thirty (30) days' notice from the parish government, as specified above, the parish government is authorized to enter upon the property whereupon the sign is located and to dismantle and remove the unlawful sign from the premises at the risk of the sign owner, to store the sign, and to collect from the sign owner the cost of dismantling, removing, transporting, and storing the sign.

(l)

Enforcement of unlawful advertising erected after effective date of the zoning ordinance.

(1)

Unlawful outdoor advertising shall be any sign, display or device, which violates the provisions of this chapter. The parish government shall give thirty (30) days' notice, by certified mail with return receipt, to the owner of such sign to remove the same, if it is a prohibited device, or cause it to conform to the regulations, if it is an authorized device;

(2)

If the owner of an unlawful advertising sign fails or refuses to remove or conform the sign to this chapter after the thirty (30) days' notice from the parish government as specified above, the parish government is authorized to enter upon the property whereupon the sign is located and to dismantle and remove the unlawful sign from the premises at the risk of the sign owner, to store the sign, and to collect from the owner the cost of dismantling, removing, transporting and storing the sign.

(m)

The building official is hereby authorized to issue outdoor advertising sign permits within the zoned territories. All applications for a building permit must be accompanied by the following information:

(1)

Site plan depicting the location of the structure, distance of the structure from the property line, and the distance of the structure from any existing structures on the property on which the structure is to be located;

(2)

Plans depicting all structural dimensions and specifications;

(3)

Electrical specifications.

(n)

The fee schedules for applying for a building permit are as follows:

(1)

Sign faces measuring up to four hundred (400) square feet in area: Twenty dollars ($20.00);

(2)

Sign faces measuring in excess of four hundred (400) square feet in area: Thirty-five dollars ($35.00).

(Ord. No. 7350, § I, 9-12-07)

(a)

Purpose and findings.

(1)

Purpose: It is the purpose of this section to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the parish, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented material protected by the First Amendment to the United States Constitution or the corresponding provisions of the Louisiana Constitution.

(2)

Findings: Based on evidence of the negative secondary effects of sexually oriented businesses presented in studies and reports made available to the parish council, and on findings, interpretations and narrowing constructions incorporated in the cases previously submitted to the parish council, the parish council finds that placing limitations and restrictions on the establishment and location of sexually oriented businesses in the districts established in Article III of this chapter is the best mechanism to prevent and/or reduce those negative secondary effects.

(b)

Definitions:

(1)

Adult arcade: Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas, as defined herein.

(2)

Adult bookstore, adult novelty store or adult video store: A commercial establishment which has a substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial part of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one (1) or more of the following articles:

a.

Books, magazines, periodicals or other printed matter, tapes, cassettes, compact discs, photographs, films, slides, motion pictures, video cassettes, DVDs, computer software, or other visual representations which are characterized by their emphasis upon the exhibition or depiction of "specified sexual activities" or "specified anatomical areas" (as defined herein); or

b.

Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

(3)

Adult cabaret: Any nightclub, bar, restaurant or similar commercial establishment engaged in the sale of alcoholic beverages at retail for consumption on premises, where minors are excluded by law, and where the incidental service of food may occur, which regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."

(4)

Adult motel: Any hotel, motel, or other similar commercial establishment which:

a.

Offers accommodations to the public, for any form of consideration, and/or provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, DVDs, live and/or delayed internet feeds or other similar visual/audio broadcasts, other photographic reproductions or live performances which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and which advertises the availability of such accommodations and/or services and materials by means of a sign visible from a public right-of-way, or by means of any on or off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; or

b.

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

(5)

Adult retail store: A business where a substantial portion of the stock in trade consists of items or products other than printed or visual matter which are characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" (as defined herein).

(6)

Adult theatre: Any theatre, concert hall, auditorium or similar establishment with a capacity of more than five (5) persons where, for any form of consideration, films, motion pictures, video cassettes, DVDs, slides, or similar photographic reproductions are shown which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" (as defined herein) or features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas" (as defined herein).

(7)

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, Subpart C, and in that portion thereof designated as subparagraphs (2)(b) and (3) of paragraph A of Section 106 [La. 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.

(8)

Escort: A person who, for any form of consideration, agrees or offers to act as a companion, or date for another person, and/or who, for any form of consideration, agrees or offers to privately model lingerie or perform a striptease for another person.

(9)

Escort agency: A person or commercial establishment who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or any other form of consideration.

(10)

Nude model studio: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" (as defined herein) is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration.

(11)

Nudity or state of nudity: The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

(12)

Seminudity: A state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, as well as portions of the body covered by supporting straps or devices. The covering of the breast and areola shall comply with any and all state law pertaining to the same.

(13)

Sexual encounter center: A commercial establishment which, as one (1) of its primary business purposes, offers, for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or seminudity.

(14)

Sexually oriented business: Any adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult retail store, adult theatre, escort, escort agency, nude model studio, or sexual encounter center.

(15)

Specified anatomical areas: Less than completely and opaquely covered human genitals, pubic area, buttock, human genitals in a discernibly erect state (even if completely and opaquely covered), or any combination of the aforementioned.

(16)

Specified sexual activities: Depiction of the male genitals in a state of sexual arousal, female genitals; acts of masturbation, sexual intercourse, oral copulation, sodomy, bestiality; touching of human genitals, pubic area, buttock, anus; or any combination the aforementioned.

(c)

Location requirements.

(1)

No sexually oriented business shall be operated within one thousand (1,000) feet of:

a.

A public park;

b.

A public library;

c.

A nonprofit educational museum;

d.

A church, synagogue or other place of worship;

e.

A public or private elementary or secondary school or college or university;

f.

A daycare center, preschool or kindergarten center;

g.

Another sexually oriented business;

h.

A structure that contains another sexually oriented business.

(2)

No sexually oriented business shall be operated within one thousand (1,000) feet of a residential zoning district.

(3)

Sexually oriented businesses shall only be allowed in the C-2 General Commercial Districts.

(d)

Measurement.

(1)

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a structure where a sexually oriented business is located or conducted to the nearest property line of the premises of a church, synagogue or other place of worship, public park, public library, public or private elementary or secondary school, college or university, day care center, preschool or kindergarten center, nonprofit educational museum, residential district, or building site dedicated or devoted to a residential use.

(2)

Measurement between any two sexually oriented businesses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one establishment to the exterior wall of the other establishment or structure containing said establishment.

(e)

Nonconforming business.

(1)

Any person or entity holding a certificate of occupancy for a lawful business and actually operating a sexually oriented business on the effective date of this ordinance but not in compliance with the requirements of this chapter shall be permitted to continue to operate as a nonconforming sexually oriented business at the site of the previous use; provided, however, that should such business cease to operate or be discontinued for any period of time, it shall not thereafter be reestablished without being in full compliance with all provisions of this chapter and other applicable codes and ordinances. The terms "cease to operate" or "discontinued for any period of time" shall mean the voluntary or intentional termination, cessation or discontinuance of the business by the owner or other party in interest or an involuntary termination of the business resulting from a violation of any applicable rule, regulation, ordinance, statute or law. The nonconforming use shall not be deemed to terminate if the cessation, termination or discontinuance of the business operations are caused by an act of God, or other catastrophic event or occurrence not caused by or under the control of the business owner or party in interest. The holder of the certificate of occupancy or operator of the business shall be responsible for providing documentation, acceptable to the zoning administrator, that a nonconforming sexually oriented business has not ceased to operate or been discontinued. A nonconforming sexually oriented business shall not be enlarged, increased or altered, as provided herein. Any change in use shall require full compliance with all provisions of this chapter and other applicable codes and ordinances.

(2)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to approval of the sexually oriented business, of a church, synagogue or other place of worship, public park, public library, public or private elementary or secondary school, college or university, day care center, preschool or kindergarten center, non-profit educational museum, residential district or residential lot within one thousand (1,000) feet of the sexually oriented business.

(f)

Compliance with laws. No sexually oriented business shall operate in violation of any federal, state or parish law.

(g)

Issuance of certificate of occupancy. Prior to the issuance of a certificate of occupancy, the owner or applicant shall be required to sign a written statement verifying that a sexually oriented business is being operated as defined by this section.

(Ord. No. 7350, § I, 9-12-07)

Editor's note— The above provisions were enacted by Ord. No. 7350 and designated as § 28-78. Inasmuch as Ord. No. 7350 enacted other provisions also designated as § 28-78, the editor has renumbered these regulations as § 28-79.

(a)

Noise. There shall be no production, by any use, of noise which at any boundary of the building site is in excess of the average intensity of street and traffic noise at that boundary.

(b)

Heat, glare and vibration. There shall be no emission by any use of objectionable heat, glare or vibration which is perceptible beyond any boundary of the building site on which the use is located.

(c)

Dust, dirt, odors, gases, smoke and radiation. There shall be no emission by any use of dust, dirt, odors, gases, smoke or radiation which is in an obnoxious or dangerous amount or degree beyond any boundary of the building site on which the use is located.

(d)

Hazard. There shall not be created or maintained by any use any unusual fire, explosion or safety hazard beyond the boundary of the building site on which the use is located.

(e)

Wastes. No materials or wastes shall be stored in such a manner that they may be transferred off the building site by natural forces or causes.

(f)

Outdoor advertising.

(1)

This section does not apply to on-premises signs advertising or identifying activities conducted on/or products sold on the property upon which they are located.

(2)

The types of outdoor advertising signs and their respective maximum sizes are as follows:

a.

Junior panel sign: An outdoor advertising structure with the sign face, including border and trim, ranging from one (1) square foot to seventy-two (72) square feet in area;

b.

Standard poster panel sign: An outdoor advertising structure with sign face, including border and trim, greater than seventy-two (72) square feet, but not exceeding four hundred (400) square feet in area;

c.

Painted bulletin sign: An outdoor advertising structure with the sign face, including border and trim, greater than four hundred (400) square feet, but not exceeding seven hundred (700) square feet in area;

(3)

Outdoor advertising shall be permitted in only C-2, C-3, I-1, I-2, O-L, except as otherwise provided in other articles of this chapter, and F-H zoning districts. All signs shall be located on private property with the sign face of the structure set back from the property line a minimum of two (2) feet.

(4)

The maximum area of a sign face shall be seven hundred (700) square feet. No support structure shall exceed two (2) sign faces, which must be placed either back-to-back, or in a V-type position.

(5)

For the purpose of spacing, each side of a two-lane thoroughfare shall be considered conjointly and each side of a four-lane thoroughfare shall be considered separately, with the following spacing requirements:

a.

A junior panel sign shall be located no closer than five hundred (500) linear feet, measured along a thoroughfare, to any other outdoor advertising sign;

b.

A standard poster panel sign shall be located no closer than five hundred (500) linear feet, measured along a thoroughfare, to any other outdoor advertising sign;

c.

A painted bulletin sign shall be located no closer than five hundred (500) linear feet, measured along a thoroughfare, to any junior panel sign or any standard poster panel structure, and shall be located no closer than fifteen hundred (1,500) linear feet, measured along a thoroughfare, to any other painted bulletin sign;

d.

No outdoor advertising sign may be located in such a manner as to prevent the driver from having a clear, unobstructed view of traffic signs and approaching, merging or intersecting traffic and driveways.

(6)

The maximum height of any outdoor advertising structure shall be forty-five (45) feet, measured from ground level to the highest point of the sign.

(7)

Signs may be illuminated, subject to the following provisions:

a.

No revolving or rotating beam or beacon of light shall be permitted as part of any sign. Flashing devices shall not be permitted upon a sign; however, illuminated signs which indicate customary public information such as time, date and temperature, or other similar information shall be permitted;

b.

External lighting, such as floodlights, thin line and goose-neck reflectors are permitted, provided the light source is directed on the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of a traveled way;

c.

No outdoor advertising structure shall be permitted to project into the direct line of vision of any official traffic-control signal, from any point in a moving traffic lane of a highway or street within six hundred sixty (660) feet of and approaching such signal;

(8)

The following outdoor advertising structures shall not be permitted:

a.

Structures which are obsolete structures, not meeting construction standards, out-of-date political billboards, structures advertising defunct businesses, structures temporary or mobile in nature, and those which have been erected without a building permit;

b.

Structures which are not clean and in good repair;

c.

Structures which are illegal under state law or regulation;

d.

Structures that are not securely affixed on a substantial structure;

e.

Structures which do not meet local construction standards and/or standards as set forth in this chapter;

f.

Structures which were constructed or erected on or over a public right-of-way;

g.

Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(9)

All signs shall be constructed in accordance with the building code of the parish. The structural elements of all signs shall be constructed of steel.

(10)

Preexisting nonconforming outdoor advertising.

a.

Discontinuance. All existing outdoor advertising structures which are nonconforming according to the provisions of this chapter shall be discontinued and removed within ten (10) years of the effective date of the ordinance from which this section derives and after receiving notice as stated in subsection (10)c.

b.

Enlargement or extension. No nonconforming outdoor advertising structure shall be enlarged or extended whatsoever.

c.

Enforcement of nonconforming signs. At the end of ten (10) years from the effective date of the ordinance from which this section derives, the owner of any nonconforming outdoor advertising structure shall be notified by certified mail to commence removal of such outdoor advertising structure within thirty (30) days of the date of the notice, with such removal to be completed within sixty (60) days. If, at the end of the sixty-day time period allotted for removal of such advertising structure, the owner fails to remove the structure, the parish government is authorized to enter upon the property whereupon the sign is located and to dismantle and remove such structure from the premises at the risk of the sign owner, to store the sign, and collect from the sign owner the cost of dismantling, removing, transporting, and storing the sign.

(11)

Substandard outdoor advertising.

a.

Those signs in the categories described below shall be removed within thirty (30) days from the effective date of the ordinance from which this section derives, or within thirty (30) days of the date such sign deteriorates or is damaged as described below:

1.

A nonconforming outdoor advertising sign structure which becomes a safety hazard or dangerous under any applicable ordinance and for which the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the value of the damaged or deteriorated sign structure; or

2.

A nonconforming outdoor advertising structure damaged in any manner and from any cause whatsoever to the extent of more than fifty (50) percent of the value of the damaged or deteriorated sign structure; or

3.

A nonconforming outdoor advertising structure which is not maintained in a state of good repair.

b.

The parish government shall serve thirty (30) days' notice, by certified mail with return receipt, to the owner of such sign, to remove the same. In the event that the owner of an unlawful advertising sign fails or refuses to remove such sign after the thirty (30) days' notice from the parish government, as specified above, the parish government is authorized to enter upon the property whereupon the sign is located and to dismantle and remove the unlawful sign from the premises at the risk of the sign owner, to store the sign, and to collect from the sign owner the cost of dismantling, removing, transporting, and storing the sign.

(12)

Enforcement of unlawful advertising erected after effective date of the zoning ordinance.

a.

Unlawful outdoor advertising shall be any sign, display or device which violates the provisions of this chapter. The parish government shall give thirty (30) days' notice, by certified mail with return receipt, to the owner of such sign to remove the same, if it is a prohibited device, or cause it to conform to the regulations, if it is an authorized device;

b.

If the owner of an unlawful advertising sign fails or refuses to remove or conform the sign to this chapter after the thirty (30) days' notice from the parish government as specified above, the parish government is authorized to enter upon the property whereupon the sign is located and to dismantle and remove the unlawful sign from the premises at the risk of the sign owner, to store the sign, and to collect from the owner the cost of dismantling, removing, transporting and storing the sign.

(13)

The building official is hereby authorized to issue outdoor advertising sign permits within the city. All applications for a building permit must be accompanied by the following information:

a.

Site plan depicting the location of the structure, distance of the structure from the property line, and the distance of the structure from any existing structures on the property on which the structure is to be located;

b.

Plans depicting all structural dimensions and specifications;

c.

Electrical specifications.

(14)

The fee schedules for applying for a building permit are as follows:

a.

Sign faces measuring up to four hundred (400) square feet in area: Twenty dollars ($20.00);

b.

Sign faces measuring in excess of four hundred (400) square feet in area: Thirty-five dollars ($35.00).

(City Code 1965, App. A, art. IV, § E; Ord. No. 7419, § I, 2-13-08)

Cross reference— Buildings and structures, Ch. 6; fire protection and prevention, Ch. 8; applicability of parish sign regulations, § 6-42; unlawful outdoor advertising, § 6-50.

State Law reference— Outdoor advertising near certain highways, R.S. 48:461 et seq.

Small wireless facilities shall be a permitted use in all districts as established in article III of this chapter, and as defined and regulated by the Terrebonne Parish Building Code and Terrebonne Parish Code of Ordinances, article VI, chapter 6.

(Ord. No. 9037, § VII, 3-27-19)

(a)

Boundaries. The Houma Restoration Overlay District is that portion of the City of Houma encompassing the jurisdiction of the Houma Restoration District, as created and defined by R.S. 33:4709.31, as may be amended.

(b)

Purpose. The purpose of this overlay district is to promote the revitalization of downtown Houma and surrounding areas within the overlay district; encouraging the reuse and revitalization of structures in the overlay district; deterring vagrancy; supporting economic development; and facilitating the creation of a more vibrant and active downtown.

(c)

Applicability.

(1)

Unless otherwise provided, this section shall apply to all vacant structures on property zoned commercial or industrial, as defined in chapter 28, article III of this Code of Ordinances, which exist as of the effective date of this section or which may hereafter be constructed or converted from other uses, and which are located within the boundaries of the overlay district.

(2)

This section does not apply to the State of Louisiana or any other political subdivision of the State of Louisiana.

(d)

Authority of the director. The director is authorized to administer and enforce the provisions of this section.

(1)

The director shall have the authority to render interpretations of this section and to adopt policies and procedures in order to clarify the application of its provisions and ensure the efficiency and effectiveness of its implementation.

(2)

The director may also enter into an agreement with a registered property owner to obtain compliance with this section by a date certain in lieu of the deadlines otherwise provided by this section.

(3)

The Terrebonne Parish Consolidated Government may contract with the Houma Restoration District for enforcement of this section under such terms and conditions agreeable to the parish and the district.

(e)

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

(1)

"Hearing officer" shall mean a lawyer licensed to practice law in Louisiana for a period of at least two (2) years.

(2)

"Department" means the Planning and Zoning Department of the Terrebonne Parish Consolidated Government.

(3)

"Director" refers to the Director of the Planning and Zoning Department of the Terrebonne Parish Consolidated Government.

(4)

The "district" or "HRD" means the Houma Restoration District as defined in R.S. 33:4709.31.

(5)

"Lawful activity" means any legal or legally non-conforming use as defined in Terrebonne Parish zoning ordinance.

(6)

"Owner" or "property owner" means any person, agent, firm, partnership, limited liability company, corporation, or other entity having a legal interest in the property.

(7)

The "overlay district" shall mean the physical location to which this section applies, and within the boundaries defined by R.S. 33:4709.31(A)(2), as may be amended.

(8)

"Secured", "secure", and "securing" shall have the same meanings and be subject to the same standards as set out in section 20-143, Standard of care for vacant properties, unless expressly provided otherwise in this section.

(9)

"Structure" means a combination of materials forming an edifice or building of any kind, or any piece of work artificially built up or comprised of parts joined together in some definite manner but excluding the following: retaining walls; fences not over six (6) feet high; platforms or decks not more than thirty (30) inches above grade and not over any basement or story below; utility mains, lines, and underground facilities; and yard and play equipment. Structure does not include vehicles, recreational vehicles, or campers.

(10)

"Vacant structure" means that all active lawful commercial or residential activity has ceased, or reasonably appears to have ceased for a continuous period of one hundred and eighty (180) days. Storage or "warehousing" is not considered an active lawful commercial activity.

(11)

"Violator(s)" means person(s), natural or juridical, who have been found liable for a violation and/or ordered to correct a violation in a written decision by the Terrebonne Parish Consolidated Government as directed by this section.

(f)

Registration process and requirements.

(1)

The department shall maintain and regularly update an overlay district structure list. The department will, at its discretion, provide all commercial property owners on the list with updates on the state of the overlay district, any project scheduled for construction, and commercial funding opportunities.

(2)

Voluntary registration. The owner of any structure within the overlay district, whether vacant or occupied, may register the structure with the department for inclusion on the department's overlay district structure list.

(3)

Mandatory registration. The owner of any vacant commercial structure shall, by January 1, 2025, register the structure with the department for inclusion on the department's overlay district structure list.

(4)

Following the mandatory registration deadline, the director, or designee, shall provide written notice to the property owner of any vacant commercial structure not properly registered, that such registration is required. Notice may be by means of personal delivery, or by certified mail to owner's last known address according to the records of the Terrebonne Parish Assessor's Office, and by posting on the property. The property owner shall comply with this section within sixty (60) days from the date that written notice is issued to the property owner.

(5)

Registration for mandatory registrants under subsection (f)(3) of this section shall include the following information:

a.

The address and legal description of the property;

b.

The current name, physical address, mailing address, telephone number, and email information for every owner with an ownership interest in the property. Entities shall submit the same information pertaining to the entity's registered agent, manager and/or owner.

c.

The contact information for a local manager of the property, as defined in subpart (g) below.

d.

Proof of general liability insurance in an amount no less than one hundred thousand dollars ($100,000.00) covering the property.

e.

If required by the department, a comprehensive plan of action, detailing a timeline for rehabilitation or repairs to the structure, maintenance while vacant, permit compliance, and intended future use of the structure. The owner shall update the plan of action every six (6) months.

f.

A complete floor plan of the property for use by first responders in the event of a fire or other catastrophic event, except when that information is waived in writing by state or local fire officials authorized to act for their office.

g.

If available, an appraisal or market value report of the fee simple and/or lease value of the property, no older than one (1) year from the date of registration.

h.

If available, a survey of the property and site.

(6)

The director may extend the deadline for mandatory registration up to an additional one hundred eighty (180) days upon receipt of proof that the property is listed for sale or lease through a licensed real estate broker. No extension of time shall be available in the event the director determines that the property is marketed for sale or lease at rates above appraisal or market value according to the reports submitted with registration.

(7)

Registration for mandatory registrants under subsection (f)(3) of this section shall be valid for a period of three hundred sixty-five (365) days from the date registration is approved. The property owner must register the property annually on or before the anniversary of first registration until the structure is occupied and in compliance with this section.

(8)

Vacant commercial structure property owners shall provide written notice to the director, including providing a copy of any new deed, of any change in ownership of the property; or contact information for either the owner or the designated manager of the property. Written notice must be provided to the department no later than thirty (30) days after such changes have occurred.

(g)

Local property manager as agent.

(1)

Owners of vacant commercial structures within the overlay district shall designate a local property manager for each property and include the relevant contact information for the designated manager upon registering the property with the department. Property managers shall act as agents for the property owner for purposes of accepting legal service of any notices, violations, and findings under this section. The designation of a local property manager does not limit the responsibilities of the property owner under the provisions of this section.

(2)

The local property manager must be available at the number listed at all times in the event of an emergency or catastrophe.

(3)

The name and telephone number of the local property manager must be posted at the front of the vacant structure, in large, legible print.

(4)

The name and telephone number of the property manager must be provided to the director, and to the Houma Fire Department and Houma Police Department.

(h)

Standard of care for vacant commercial property.

(1)

In addition to the regulations established in other parts of the Terrebonne Parish Code of Ordinances, the standard of care for vacant commercial properties within the overlay district shall be subject to approval by the director, and shall include, but is not limited to:

a.

Aesthetic: Owners shall maintain and repair all exterior surfaces of the structure in good condition and protected from the elements and against decay or rust to maintain aesthetics of the structure in relation to the surrounding area.

b.

Roof and drainage: Roof drains, gutters and downspouts shall be maintained in good repair, free from obstructions, and operational, and shall properly direct rainwater towards storm drains, and prevent ponding of water for an extended period of time.

c.

Window, skylight and door: Owners shall repair any broken windows with glass and replace any missing windows with windows. Owners shall repair or replace any broken or missing doors with refurbished or new doors which shall be secured to prevent unauthorized entry. Owners shall maintain locks at all exterior doors, exterior attic access, windows, or exterior hatchways shall tightly secure the opening. Owners shall not secure windows and doors with plywood or other similar means mounted on the exterior except as a temporary securing measure, not to exceed a period of three (3) months.

d.

Owner inspections: Owners shall inspect vacant structures annually, or more frequent if necessary, to check exterior features, including, but not limited to, decorative installments, awnings, overhangs, decking, stairs, windows, trees, fire escapes, signs, marquees, gutters, downspouts, and structural supports, to ensure those features are safe, secure, structurally sound, and do not pose a hazard to the health and safety to people and other property.

(2)

All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and ordinances.

(3)

Failure to maintain the vacant structure to the standards of care required by this section shall be a violation and subject to the provisions of section 20-148, Jurisdiction, enforcement and penalties.

(i)

Department inspections. The department shall have authority to inspect any vacant commercial structures in the overlay district for the purpose of enforcing or assuring compliance with the provisions of this section. Upon request by the director, or designee, a property owner must provide access to all interior and exterior portions of the vacant structure in order to permit a complete inspection. The director may designate third party inspectors to conduct inspections.

(j)

Registration and inspection fees.

(1)

The department shall not charge a registration fee. This does not absolve the owner of a vacant commercial property from the violations and penalties established in this section.

(2)

In the event the department inspects the vacant commercial structure and finds it to be in violation of this section, owner shall pay an inspection fee of seventy-five dollars ($75.00).

(3)

The owner shall pay seventy-five dollars ($75.00) for each subsequent re-inspection, until a violation has been remedied.

(4)

All inspection fees shall be used solely to offset the costs of this program, or to improve or promote the areas affected by these provisions in ways designed to improve the ability of property owners to sell, lease or develop the properties which are subject to this program.

(k)

Prohibited uses. Except for those already in existence at the effective date of this section, the following uses shall be prohibited within the overlay district:

(1)

Warehouses or storage facilities;

(2)

Adult night clubs;

(3)

Adult uses/materials;

(4)

Boarding houses;

(5)

Car washes;

(6)

Congregate housing;

(7)

Flea markets;

(8)

"Vape" shops and the sale of mechanical vaping devices and accessories;

(9)

Campgrounds;

(10)

Tattoo shops.

(l)

Civil penalties, notices, enforcement.

(1)

Civil penalties. Failure to comply with any mandatory regulations in this section, including but not limited to, failure to complete mandatory registration of a vacant commercial structure with the department, as is specified herein, is a violation of this section. Any person found to have violated any provision of this section following an administrative hearing in accordance with this section shall be subject to a fine of not more than five hundred dollars ($500.00) for each offense. Each day that a violation continues shall be deemed a separate offense. Total fines shall not exceed ten thousand dollars ($10,000.00) per property.

(2)

The director of the department, under the direction of the parish president, shall designate an administrative hearing officer for the purposes of conducting administrative hearings in accordance with this section. The hearing officer shall have jurisdiction to adjudicate any violations noticed by the director. All decisions of the hearing officer shall be reduced to writing and mailed to the property owner via certified mail or posted on the property that is the subject of the violation.

(3)

Notice of violation. Whenever the director determines that a violation exists, the director shall first set the matter for administrative hearing and issue a written notice of violation to the administrative hearing officer and the owner or manager of the property in violation, directing the owner to appear for an administrative hearing on the violation. A notice of violation shall:

a.

Be in writing;

b.

Be mailed via certified mail to the address on file with the Terrebonne Parish Assessor's office or hand delivered at least fifteen (15) calendar days prior to the date of administrative hearing;

c.

Be posted at the subject property at least fifteen (15) calendar days prior to the date of the administrative hearing;

d.

Provide the municipal address of the cited property;

e.

Provide the date of the inspection, if any;

f.

Provide a description of the alleged violation;

g.

Provide the mailing address and telephone number of the department;

h.

Provide the time, date, and location of the administrative hearing whereby the alleged violation(s) shall be adjudicated;

i.

Provide notice that the failure to appear at the hearing shall be considered an admission of violation;

j.

Provide the risk of fees, penalties, costs, and liens that may be imposed for continued violation; and

k.

Provide the remedial measures that may be ordered to correct or abate the violation.

(m)

Sufficiency of notice. When notice is made via mailing, including via certified mail, the date of the postmark shall be deemed to be the date of delivery. Any notification so mailed, when properly addressed and postage paid, and subsequently returned to sender, shall be considered as having fulfilled the notification requirement.

(n)

Administrative hearing and appeal.

(1)

At the administrative hearing the director or his designee shall present evidence of the violation. Any person charged with a violation may present any relevant evidence and testimony at such hearing and may be represented. Either party may make a record of the hearing using a certified court reporter and at that party's expense. The recording party shall make the recording or a transcript thereof available to the other, provided the other party agrees to share the expense.

(2)

Failure by the owner to appear for the administrative hearing after having received proper notice, shall result in a decision against the owner.

(3)

Within ten (10) calendar days following the hearing, the hearing officer shall issue a decision which either finds the property to be in violation or dismisses the notice of the violation if there is no finding of violation.

(4)

Any person aggrieved by a decision of the administrative hearing officer shall have a right to appeal such decision through judicial review to the 32 ^nd Judicial District Court for the Parish of Terrebonne within thirty (30) calendar days of the date the hearing officer mailed written notice of the decision. The decision of the 32 ^nd Judicial District Court shall be final, and no appeal shall be available thereafter.

(5)

If the administrative hearing officer finds the property to be in violation, and after all delays for appeals have expired, the department shall assess civil penalties against the owner in accordance with this section on a continuing basis until the property is brought into compliance. Civil penalties shall accrue commencing with the date of decision of the administrative hearing officer, even in the case of judicial review resulting in favor of the department.

(o)

Lien and privilege against structure. The recordation of an affidavit of lien and privilege or notice of judgment by the department in the mortgage records of the Parish of Terrebonne shall constitute a lien and privilege against the immovable property in, on, or upon which violation has been found and on which civil penalties have been assessed. The lien and privilege shall secure all fines, fees, costs, and penalties that are assessed by the department. Any lien and privilege recorded against an immovable property under this section shall constitute a statutory imposition and shall be assessed against the property in the next annual ad valorem tax bill.

(p)

Severability. If any section, subsection, sentence, clause or phrase of this section is, for any reason, held unconstitutional or invalid, such decision or holding will not affect the validity of the remaining portions hereof. It being the intent of the parish council to enact each section and portion thereof, individually and each such section will stand alone, if necessary, and be in force not with the validity of any other division, section, subsection, sentence, clause, or phrase of these regulations.

(Ord. No. 9596, § I, 7-10-24; Ord. No. 9606, § I, 8-14-24; Ord. No. 9642, § II, 9-10-24)