This article shall be known as, and cited and referred to as, the "Iberia Parish Zoning Ordinance."

(Ord. No. 2009-02-4099, § 24-30, 2-25-2009)

These regulations are adopted under authority granted by the state constitution and laws, the provisions of the Charter and this Code and R.S. 33:4780.40 (Zoning regulations for parishes), as amended. The zoning regulations shall be effective throughout all unincorporated portions of the parish with the exception of lands under the authority and jurisdiction of agencies of the state and federal government.

(Ord. No. 2009-02-4099, § 24-31, 2-25-2009)

The purpose of this article is to promote the health, safety, morals, property, and general welfare of the citizens of the parish. It is the general intent of this article to regulate the use of land and structures, regulate and restrict lot coverage, population distribution and density, to promote the safety and efficiency of the streets and highways, secure safety from fire and flooding, provide adequate light, air, sanitation and drainage, and in general, to provide a better quality of life for the residents of the parish by allowing for better compatibility of land uses in the parish.

(Ord. No. 2009-02-4099, § 24-32, 2-25-2009)

In accordance with R.S. 33:4780.49 (Conflicting regulations, higher standards to apply), it is not intended by this article to repeal, abrogate, annual, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to laws. However, whenever this article imposes greater restrictions, this article shall govern.

If any section, subsection, paragraph, sentence, clause, or phrase of this article (regulations) shall, for any reason, be held to be unconstitutional by any court, such decision shall not affect the validity of the remaining portions of this article which shall remain in full force and effect.

(Ord. No. 2009-02-4099, § 24-34, 2-25-2009)

The ordinance from which this article is derived shall become effective on May 1, 2009, upon adoption by the parish council and approval by the parish president in accordance with section 2-13 of the parish Home Rule Charter. For a period of 90 days from May 1, 2009, there shall be a waiver of all fees related to the process for petitioning revisions of zoning classifications, while all other provisions of said process shall remain in full force and effect.

(Ord. No. 2009-02-4099, § 24-35, 2-25-2009; Ord. No. 2009-04-4105, § 4(24-35), 4-22-2009)

(a)

All words used in this article shall be defined by their customary meaning unless specifically defined herein. When in conflict, the specifically defined meaning herein shall prevail over the customary meaning. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot," the word "building" includes the word "structure"; the word shall is intended to be mandatory.

(b)

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

Accessory building means a subordinated building, or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.

Accessory use means a subordinate use which serves as an incidental function to the principal use of building located on the same lot occupied by the main use.

Alley means a public or private street which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

Alteration (structural) means changes other than incidental repairs that would change the supporting members of a building such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

Apartment means a room or suite of rooms with toilet and culinary facilities designed for use as living quarters for a single family.

Bar(lounge) means an establishment wherein the main source of revenue (50 percent +) is the sale of alcoholic beverages which are customarily served on the premises.

Board of adjustment means a nine-member board comprised to authorize variances, hold public hearings, and decide appeals with respect to alleged errors in the enforcement or the interpretation of the zoning ordinance.

Building means any structure having a roof supported by columns or by walls and intended for protection or shelter of person, animals, or property of any kind. When separated by a firewall, each part of such structure separated shall be deemed a separate building.

Building area means the total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, drives, and uncovered parking.

Building height means the vertical distance as measured from the established or lot grade to the highest part of the roof.

Building setback means the area between a lot line and a setback line in which no portion of the building or other obstructions are permitted except as allowed in this article.

Church, or any other house of worship, means a building wherein persons regularly assemble for any type of officially recognized religious services or accessory activities.

Compatible use means a use which is capable of existing in harmony with other uses situated in its immediate vicinity.

Condominium means any land or building and parts of a building thereon which would normally be used by all the occupants such as yards, foundations, basements, floors, walls, hallways, stairways, elevators, and all other related common elements together with individual ownership of a particular unit or apartment in such building.

Day care means any establishment providing care of four or more children or adults, during the day, but not to exceed 24-hour periods.

Director of planning and zoning means the person appointed by the parish president as the director of planning and zoning (or another designated individual) to perform the administrative functions of this article.

District. Any section of the parish in which the zoning regulations are uniform is known as a district.

Drive-in establishment means an establishment which accommodates patrons in vehicles from which the occupants may purchase goods or services which may be consumed or utilized on the premises. Such establishments may also serve patrons inside the building.

Drive-through establishment means an establishment designed so as to accommodate patrons to purchase goods or services from a vehicle, the consumption or utilization of which shall be off premises. Such establishments may also serve patrons inside the building.

Dwelling, multiple-family, means a building designed as a residence for two or more families living independently of each other.

Dwelling, single-family, means a detached building designed as a residence for one family, which is constructed on site on a permanent foundation.

Family means one or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit, or a group of not more than four single persons living together by joint agreement and occupying a single housekeeping unit on a non-profit basis. Domestic servants residing on the premises shall be considered part of the family.

Hazardous waste means a solid waste or combination of solid wastes which, because of quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health, or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed, as defined by the state hazardous waste management plan.

Hazardous waste facility means a facility which collects, separates, stores, disposes, treats, or recovers hazardous waste which is not produced or manufactured on the site.

Home occupation. See division 7 of this article.

Junkyard means the use of any lot or portion thereof, whether inside or outside a building, for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials, or the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.

Kennel means any premises on which three or more animals are maintained, boarded, bred, or cared for in return for remuneration, or are kept for the purposes of sale.

Line, right-of-way, means a line that is the boundary or dedication line of a street.

Lot means a parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incidental to it, and including such open spaces as required by this article.

Manufactured home (mobile home) means a dwelling unit which is transportable in one or more sections and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, and air conditioning, and electrical systems contained therein.

Modular home means a home built using all of the same characteristics of a conventionally built home including the use of the structural insulated panels or SIPs and are classified as real property. Modular homes are not built on frames, and are instead built using engineered lumber and/or truss systems designed to meet or exceed the International Residential Codes (IRC) and International Building Codes (IBC) as well as all local and state codes. Modular homes are delivered by a specifically designed trailer and once the modular structure has reached its destination, it is set in place either by crane or rail system. Modular homes can be set either on pier or beams, chain wall or slab. Since there is no tongue, axles or frame to remove, the home is considered a permanent structure. Modular homes can be built utilizing designs that are intended to reflect all characteristics of the neighborhood while provided for modest, high quality houses. The purchase, conveyance, and financing (or refinancing) of the property, which must be evidenced by a valid and enforceable first lien mortgage or deed of trust that is recorded in the land records, must represent a single real estate transaction under applicable state law.

Non-conforming use means a structure or land lawfully occupied by a use that does not conform to the regulation of the zoning district in which it is situated.

Parish regional planning commission means the nine-member commission which oversees compliance with parish planning and zoning regulations and makes recommendations to the parish council.

Principal use means the primary purpose or function that a lot or structure serves or is intended to serve.

Sexually oriented business means any business designed to provide sexual gratification or sexual stimulation to the customer by offering of a service or selling or renting sexual devices or other items. Examples include, but are not limited to, adult bookstores, adult video stores, or adult movie theaters. Medical and licensed psychological professionals are excluded from the definition.

Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities.

(Ord. No. 2009-02-4099, § 24-36, 2-25-2009)

The planning director or a designated representative's duties shall include, but are not limited to:

(1)

Receive and process all petitions to amend the zoning ordinance.

(2)

Prepare recommendations for review by the planning and zoning commission, board of adjustment, and parish council.

(3)

Represent the planning and zoning commission at all public hearings.

(4)

Maintain all records and minutes of the planning and zoning commission and board of adjustment.

(5)

Maintain a set of up-to-date zoning maps and zoning text.

(6)

Issuance of certificates of zoning compliance. There shall be no change in the use of occupancy of land, or of an existing building, or any new building, until a certificate of zoning compliance has been issued stating that the proposed use of the building, or land, complies with the provisions of this article. Applications for a certificate of zoning compliance shall be made simultaneously with the application for a building permit.

(Ord. No. 2009-02-4099, § 24-48, 2-25-2009)

The provisions of chapter 10, article IV, of this Code shall be applicable to this chapter.

(Ord. No. 2009-02-4099, § 24-49, 2-25-2009)

The parish regional planning and zoning commission shall also act as the board of adjustment.

(1)

Functions. The board of adjustment shall perform the following functions:

a.

Authorize variances to this article, after an appropriate public hearing, when an undue hardship would be placed on the property owner should such variance not be allowed with respect to allowable land uses.

b.

Hold public hearings, when there is an alleged error in the enforcement of these regulations by the director of planning and zoning, or the designated parish official authorized to enforce this article. If the board of adjustment feels such error has occurred, it has the authority to correct such action.

c.

Hold public hearings and decide appeals with respect to the interpretation of the text of this article by the director of planning and zoning.

(2)

Organization. The board of adjustment will operate under a set of bylaws adopted as a subsection of the bylaws of the parish planning and zoning commission. Included will be a provision that the officers of the board of adjustment shall be separate from the officers of the planning and zoning commission.

(Ord. No. 2009-02-4099, § 24-50, 2-25-2009)

All actions of the parish regional planning and zoning commission and the board of adjustment are subject to review by the parish council, as outlined in this article, or in the parish Home Rule Charter.

(Ord. No. 2009-02-4099, § 24-51, 2-25-2009)

(a)

For the purpose of promoting the public health, safety, morals, and general welfare of the population, the unincorporated area of the parish is hereby divided into the following types of zoning districts:

(b)

The boundaries of said districts are shown on a map, which has been properly attested and placed on file with the parish clerk of court. This zoning district map, together with all notations, references, and other information thereon, is made a part of this article and has the same force and effect as if fully set forth or described herein.

(c)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning district map, the following rules apply:

(1)

Where district boundaries are indicated as following streets, highways, or alleys, the centerlines of such streets, highways, or alleys shall be construed to be such boundaries.

(2)

Where the land has been or may hereafter be divided into blocks and lots and where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(3)

In un-subdivided property, the district boundary lines on the zoning district map shall be determined by use of the scale appearing on the map.

(4)

Where the boundary follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.

(d)

All areas which are under water and not shown as included within any district shall be subject to all of the regulations of the district adjacent to the water area.

(Ord. No. 2009-02-4099, § 24-63, 2-25-2009; Ord. No. 2015-01-4650, §§ 2, 3(24-63), 1-28-2015)

No building or land shall hereafter be used, and no building or part thereof shall be erected, moved, or structurally altered unless in conformity with the regulations herein specified in this chapter for the district in which it is located. An exception is allowed for buildings legally non-conforming as to use, that are destroyed by vandalism, fire, storms or other acts of God, provided the restoration is accomplished with no increase in cubical content and no increase in floor area over the building existing immediately prior to damage. A second exception allowable is that any land use allowed in a more restricted district is allowed in a less restrictive district with R-1 being considered the most restrictive and I-1 the least restrictive.

(1)

Uses not specifically listed as allowable. If a proposed use is not listed, or if clarity is needed regarding its proper classification as to what type of zoning district it belongs in, the director of planning and zoning, or other designated official, shall make an official determination as to the appropriate district for the land use. This decision may be appealed to the board of adjustment for the final determination as to the appropriate district for the use to be located. If a text amendment is required, the normal procedure for amendment of this article is to be followed.

(2)

Uses automatically requiring a special use/conditional use permit.

a.

The following uses always require a special use/conditional use permit (See division 8 of this article):

1.

Airport, heliport, any landing strip (land or water).

2.

Communication/telecommunication towers.

3.

Hazardous waste disposal, handling, and processing or storage.

4.

Junk and salvage yards and other similar activities.

5.

Pipelines.

6.

Sanitary landfills.

7.

Sexually-oriented businesses.

b.

Any other uses specifically noted in this article as requiring a special use/conditional use permit.

c.

Use of property permitted under this subsection (2) must commence (issuance of building permit is considered commencing) within one year from the date of approval unless extended by the parish council.

(Ord. No. 2009-02-4099, § 24-64, 2-25-2009)

(a)

Size and location of buildings. Except as hereinafter provided, no building shall hereafter be erected or altered to:

(1)

Exceed the allowable height as specified in each designated zoning district;

(2)

Accommodate or house a greater number of facilities;

(3)

Occupy a greater percentage of lot area; or

(4)

Have narrower, or smaller, rear yards, front yards, side yards, inner or outer courts than is specified herein for the district in which such building is located.

(b)

Yard area. No part of a yard, or other open space, required about any building for the purpose of complying with the provisions of this section shall be included as part of a yard or other open space similarly required for another building.

(c)

One building to a lot. Every building erected, reconstructed, converted, moved, or structurally altered shall be located on a lot of record and in no case shall there be more than one main building on one lot unless otherwise provided for in this section. The exception to this being that if it can be shown that the lot could be divided into additional lots of record while meeting all requirements of parish ordinances, may be approved administratively by the director of permitting, planning, and zoning and permitted without requiring the lot to be subdivided into additional lots.

(d)

[Rights-of-way.] All land uses shall adjoin a parish maintained public right-of-way, excluding:

(1)

Where the parish council has authorized a plat to be recorded authorizing a private road;

(2)

Where a subdivision plat has been recorded as dedicated, but not accepted or maintained by the parish prior to the adoption of subdivision regulations of the parish;

(3)

Where a right-of-way has been dedicated and accepted by the parish, but has not been constructed; and

(4)

Where a private road is needed to provide access when a family subdivides property for immediate family members. Immediate family is defined as spouse, children or step-children, mother or father, mother-in-law or father-in-law, sister or brother, sister-in-law or brother-in-law, son-in-law or daughter-in-law, grandparents or step-grandparents, or grandchildren or step-grandchildren. At the discretion of the section of planning and zoning, proof of relationship may be required.

(Ord. No. 2009-02-4099, § 24-65, 2-25-2009; Ord. No. 2021-06-5121, § 1, 6-23-2021)

(a)

Zoning District A-1 (Agricultural).

(1)

Permitted uses. Ambulance substation; animal hospitals and kennels; boat landing, houses and docks; cemetery and/or mausoleum (if adjacent to and affiliated with church or other house of worship); church (or other house of worship); commercial stable and riding school; farms and farm-related buildings; fish hatchery; lumbering; nurseries (horticultural) and greenhouses; public and private schools (elementary and secondary only); public (government or special purpose district) uses; wetlands and other conservation areas; wildlife preserves.

(2)

Accessory uses. Roadside stands for sale of agricultural products, at least half of which are grown on premises. Off-road parking shall be provided for all employees and customers and the stand shall be set back at least 20 feet from all property lines and road rights-of-way. The stand shall not be more than 300 square feet in size.

(3)

Permitted uses by special use/conditional use permit. Airports; beekeeping; blacksmithing; communication towers; farm implement repair; extractive related industries (ethanol or other biofuels production, fish processing, meat processing, sawmill, sugarcane processing); oil and gas exploration; oil and gas pump transfer stations; outdoor shooting range; temporary seasonal fruit and vegetable sales.

(4)

Requirements specific to A-1 (Agricultural District).

a.

An area zoned A-1 must comprise at least 25 acres. Smaller acreage is allowable only by following the special use/conditional use permit procedure as outlined in division 8 of this article.

b.

Residential restrictions. Each landowner is allowed one single-family dwelling (including manufactured (mobile) home or modular home) on his property. Two additional dwellings are allowable. Any additional dwellings, subject to the stated criteria, require a special use/conditional use permit.

1.

Housing for farm employees is allowed with the following restrictions:

(i)

The farm is at least 25 acres; and anything less than 25 acres must prove that it is economically viable; and

(ii)

It is only used to house farm laborers.

2.

Minimum lot size; see R-1 requirements.

3.

All board of health, sewer district, and any other applicable parish regulations must be strictly adhered to as to placement and number of dwellings.

4.

Maximum height; 32 feet.

5.

Yard requirements. Front yard - 20 feet; side yard - five feet on each side from property line or ten feet between structures; and rear yard - ten feet.

(b)

Zoning District R-1 (Single-Family Residential).

(1)

Permitted uses. Single-family detached dwellings (one per lot); home occupations (see division 7 of this article); community recreation facilities (park, playground, pool, tennis courts); modular homes.

(2)

Permitted uses by special use/conditional use permit. Bed and breakfast homes; cemetery or mausoleum (if adjacent to and associated with a church or other house of worship); church (or other house of worship); communication towers; community and group homes; public and private elementary and secondary schools.

(3)

Prohibited uses. Manufactured (mobile) homes.

(4)

Permitted signs. On-premises signs shall be prohibited except as allowed for home occupations (see division 7 of this article).

(5)

Requirements specific to R-1 (Single-Family Residential).

a.

Maximum building height: 32 feet (2½ floors).

b.

Minimum lot areas.

1.

75 feet wide and a total surface area of not less than 10,000 square feet with an effluent reduction field (mechanical plant with public or community water).

2.

75 feet wide and a total surface are of not less than 12,000 square feet with an effluent reduction field (mechanical plant without public or community water). Private well must be a minimum of 50 feet from all components of sewer system.

3.

75 feet wide and a total surface area of not less than 22,500 square feet (septic tank with or without public or community water). The septic tank and all components must be a minimum of 50 feet from a water well.

4.

50 feet wide and a total surface area of not less than 6,000 square feet (private community sewer system or public sewer system with public water, community water or private well).

c.

Sewer and water mains shall be laid in separate trenches not less than six feet apart horizontally when installed in parallel.

d.

Yard requirements. Front yard - 20 feet; side yard - five feet on each side from property line or ten feet between structures; and rear yard - ten feet.

(6)

Review. The development of any parcel of land being developed may be subject to review by the parish health unit and/or subject to the parish subdivision regulations which may result in more stringent regulations. The developer is responsible for following the proper procedures for development purposes. In addition, the developer may choose to place more restrictive lot sizes than those required in this article.

(c)

Zoning District R-2 (Mixed Residential).

(1)

Permitted uses. Single-family detached dwellings (one per lot); manufactured (mobile) home (one per lot); modular home (one per lot); home occupations (see division 7 of this article); community recreational facilities (park, playground, pool, tennis courts);

(2)

Permitted uses by special use/conditional use permit. Bed and breakfast homes; cemetery or mausoleum (if adjacent to and associated with a church or other house of worship); church (or other house of worship); communication towers; community homes; manufactured (mobile) home subdivisions (lots for sale); public and private elementary and secondary schools.

(3)

Permitted signs. On-premises signs shall be prohibited, except as allowed for home occupations (see division 7 of this article).

(4)

Requirements specific to R-2 (Mixed-Family Residential).

a.

Maximum building height: 32 feet (2½ floors).

b.

Minimum lot areas:

1.

75 feet wide and a total surface area of not less than 10,000 square feet with an effluent reduction field (mechanical plant with public or community water).

2.

75 feet wide and a total surface are of not less than 12,000 square feet with an effluent reduction field (mechanical plant without public or community water). Private well must be a minimum of 50 feet from all components of sewer system.

3.

75 feet wide and a total surface area of not less than 22,500 square feet (septic tank with or without public or community water). The septic tank and all components must be a minimum of 50 feet from a water well.

4.

50 feet wide and a total surface area of not less than 6,000 square feet (private community sewer system or public sewer system with public water, community water or private well).

c.

Sewer and water mains shall be laid in separate trenches not less than six feet apart horizontally when installed in parallel.

d.

Yard requirements: Front yard: 20 feet; side yard: five feet on each side from property line or ten feet between structures; and rear yard: ten feet.

(5)

Review. The development of any parcel of land being developed may be subject to review by the parish health unit and/or subject to the parish subdivision regulations which may result in more stringent regulations. The developer is responsible for following the proper procedures for development purposes. In addition, the developer may choose to place more restrictive lot sizes than those required in this article.

(d)

Zoning District R-3 (Multi-Family).

(1)

Permitted uses. Apartments; condominiums; townhouses; duplex (two-family); triplex (three-family); fourplex (four-family); zero lot line homes; church (or other house of worship); community or group homes; nursing home (includes assisted living); community recreational facilities (park, playground, pool, and tennis courts).

(2)

Permitted uses by special use/conditional use permit. Bed and breakfast homes; cemetery and/or mausoleum; club or lodge, communication towers; home occupations; public and private elementary and secondary schools.

(3)

Prohibited uses. Any type of land use not listed above with the exception of any land uses allowed in more restrictive zoning districts.

(4)

Requirements specific to R-3 (Multi-Family).

a.

Maximum building height. Fifty feet.

b.

Minimum lot areas.

1.

5,000 square feet per two-family unit (duplex).

2.

4,000 square feet for the first two units plus 1,000 square feet for each additional unit for multifamily dwellings.

3.

2,500 square feet per dwelling unit for condominiums and townhouses.

4.

3,500 square feet per dwelling unit for zero lot line homes.

c.

Parking requirements. See division 6 of this article for parking requirements.

d.

Yard requirements. Front yard: 20 feet; side yard: five feet on each side from property line or ten feet between structures; and rear yard: ten feet. For multi-family residences, condominiums, townhouses, and zero lot line homes, open yard space must equal 20 percent of the lot area with the remaining 80 percent reserved for buildings and parking.

(5)

Review. The development of any parcel of land being developed may be subject to review by the parish health unit and/or subject to the parish subdivision regulations which may result in more stringent regulations. The developer is responsible for following the proper procedures for development purposes. In addition, the developer may choose to place more restrictive lot sizes than those required in this article.

(e)

Zoning District R-4 (Manufactured (Mobile) Home Park).

(1)

Permitted uses. Manufactured (mobile) home parks (rental spaces); manufactured (mobile) home subdivision (lots for sale); community recreational facilities (park, playground, pool, tennis courts); recreational vehicle parks (rental spaces).

(2)

Permitted uses by special use/conditional use permit. Communication towers.

(3)

Requirements Specific to R-4 (Manufactured (Mobile) Home Park).

a.

Minimum site size. Each mobile home park shall consist of a minimum site area of three acres and shall be designated to accommodate a minimum of ten mobile homes.

b.

Maximum density. No manufactured (mobile) home park shall exceed a maximum density of ten mobile home spaces per acre as determined by the total area bounded by the mobile home park property lines.

c.

Minimum lot areas. 3,500 square feet per dwelling unit or as required by state health requirements.

d.

Parking requirements. See division 6 of this article for parking requirements.

e.

Yard requirements. Front yard: 20 feet; side yard: five feet on each side from property line or ten feet between structures; rear yard: ten feet; and open - minimum yards shall be used for open space and no home, projection therefrom (e.g., stairs or porch) or accessory use (e.g., storage shed) shall be allowed in this area.

(4)

Review. The development of any parcel of land being developed may be subject to review by the parish health unit and/or subject to the parish subdivision regulations and/or Sewerage District No. 1 which may result in more stringent regulations.

(f)

Zoning District C-1 (Commercial (Neighborhood Shopping) District).

(1)

A neighborhood business district is a limited commercial district that contains small individual uses designed to serve the daily or frequent retail and service needs of the immediate neighborhood without any adverse effects. These districts are small and within a convenient distance of most of the areas they serve. Allowable uses are compatible with the scale of adjoining neighborhoods.

(2)

Permitted uses. Individual uses may not exceed 3,500 square feet. Hours of operation are limited to 6:00 a.m. to 10:00 p.m. All deliveries must be made within the allowable hours of operation.

a.

Retail sales. Art gallery and supply store; book, greeting cards or stationery; camera and photographic supplies; candy and confectionary; coffee and/or pastry shop; cosmetics; convenience store (no gas pumps); drug store/pharmacy; health foods; hobby, toys, and games; home health; ice cream/snowballs; news dealers/newsstand; optician/optical ware and supplies; sandwich shop (no alcohol sales); video sales/rentals (not including adult video stores).

b.

Services. Alterations (tailor); animal grooming (non-boarding); barbershop; beauty shop; branch bank or credit union (branch with drive thru); dance or gymnastics studio; day-care center (child/elderly); dry cleaners (no on-site cleaning); laundromat; nail/tanning salon; photography studio; picture framing; travel agency; weight-loss clinic.

c.

Office uses. Accounting; general; government; insurance; legal; medical/dental; real estate.

(3)

Prohibited uses. Freestanding signs and billboards; any use not specifically permitted herein with the exception of any land uses allowed in more restrictive zoning districts.

(4)

Requirements specific to C-1 (Commercial (Neighborhood Shopping) District).

a.

Minimum lot areas.

1.

100 feet wide and a total surface area of not less than 12,000 square feet with an effluent reduction field (mechanical plant with public or community water).

2.

100 feet wide and a total surface are of not less than 12,000 square feet with an effluent reduction field (mechanical plant without public or community water). Private well must be a minimum of 50 feet from all components of sewer system.

3.

100 feet wide and a total surface area of not less than 22,500 square feet (septic tank with or without public or community water). The septic tank and all components must be a minimum of 50 feet from a water well.

4.

60 feet wide and a total surface area of not less than 8,500 square feet (private community sewer system or public sewer system with public water, community water or private well).

b.

Maximum building height: 32 feet.

c.

Lot requirements: Front - depth 25 feet; front - width none, provided the buildings are of fireproof construction; otherwise, a five-foot minimum side yard is required; rear - none, provided the buildings are of fireproof construction; otherwise, a five-foot minimum rear yard is required.

d.

Additional requirements.

1.

All parking requirements set forth in division 6 of this article must be met.

2.

Any C-1 zoning district which abuts any residential district must provide a buffer in the form of a six-foot privacy fence or an approved solid landscape buffer. The fence must be a minimum of at least three feet from a fire hydrant.

3.

Any new commercial development of two or more lots (businesses) must conform to the parish subdivision regulations and be approved by the planning and zoning commission to ensure proper parking, delivery, egress and ingress. The requirements for approval may be greater than the stated setbacks or other requirements.

(g)

Zoning District C-2 (General Business).

(1)

Permitted uses.

a.

Retail sales. All uses permitted in C-1 Zoning District (Neighborhood Shopping District) and air conditioning sales and service; alarm systems; antiques; apparel and accessories; appliance sales/service; automobile, truck, and recreational vehicle/camper sales; automobile parts and repair; automobile service station; automobile, truck and trailer, lease and rentals; bait and tackle shop; bakery; bar/lounge; bicycle sales/service; boats and motors; cabinet shop and sales; carpet and tile; cellular phones; computers and software; convenience store (with self-service gasoline); department stores; detail shop; discount store; electrical supply store; farm and garden; farmers market; florist; furniture; gift, novelty or souvenirs; guns; hardware; home improvements; interior design shop; jewelry; leather and luggage; liquor; lumber yard; mini-storage units; motorcycles; music and musical equipment; nursery (plants); office supplies and equipment; paint and wallpaper; pawn shop; pet supplies; plumbing supply store; quick copy printing; radio, television, and consumer electronics; restaurant (with drive thru); seafood market; shoes; sign shop; specialty foods; sporting goods; supermarkets; surgical supplies; temporary outdoor sales (merchandise) ¹ ; temporary outdoor sales (seasonal) ¹ ; tire sales/minor auto repair; tobacco; and uniform sales.

¹ Temporary outdoor sales (merchandise and seasonal) require a special permit which limits hours and length of operation.

b.

Services. All services permitted in C-1 Zoning District (Neighborhood Shopping District) and ambulance substation; amusement arcade (conducted entirely in an enclosed building, adult entertainment expressly prohibited); amusement park; auto upholstery; animal hospital; animal kennel (open) ² ; bank; bowling alley; broadcasting studio (radio or television); building and maintenance service/janitorial maid service; car wash; carpet cleaning; check cashing; clubs or lodges; communications tower ² ; detailing shop; drive-through establishments (including liquor); dry cleaners; funeral home; furniture upholstering; golf driving range or batting cage; health clubs; home appliance repair; hotels or motels; laboratory, medical or dental; locksmith; machine/small motor repair; miniature golf; mini-warehouse storage facilities; movie theatre; pest control; race/dirt track ² ; shoe repair; studio (professional work or teaching); taxidermist; taxi stand/dispatching; temporary outdoor entertainment or religious activity ² ; and water parks.

² Special permit required.

c.

Offices. All offices permitted in C-1 Zoning District (Neighborhood Business Shopping District)

d.

Wholesale sales are allowable.

(2)

Prohibited uses. Freestanding signs and billboards; any use not specifically permitted herein with the exception of any land uses allowed in more restrictive zoning districts.

(3)

Requirements specific to C-2 (General Business).

a.

Minimum lot areas.

1.

100 feet wide and a total surface area of not less than 12,000 square feet with an effluent reduction field (mechanical plant with public or community water).

2.

100 feet wide and a total surface are of not less than 12,000 square feet with an effluent reduction field (mechanical plant without public or community water). Private well must be a minimum of 50 feet from all components of sewer system.

3.

100 feet wide and a total surface area of not less than 22,500 square feet (septic tank with or without public or community water). The septic tank and all components must be a minimum of 50 feet from a water well.

4.

60 feet wide and a total surface area of not less than 8,500 square feet (private community sewer system or public sewer system with public water, community water or private well).

b.

Maximum building height - 50 feet.

c.

Lot requirements: Front - depth 25 feet; front - width none, provided the buildings are of fireproof construction; otherwise, a five-foot minimum side yard is required; rear - none, provided the buildings are of fireproof construction; otherwise, a five-foot minimum rear yard is required.

d.

Additional requirements:

1.

All parking requirements set forth in division 6 of this article must be met.

2.

Any C-2 zoning district which abuts any residential district must provide a buffer in the form of a six-foot privacy fence or an approved solid landscape buffer. The fence must be a minimum of at least three feet from a fire hydrant.

3.

Any new commercial development of two or more lots (businesses) must conform to the parish subdivision regulations and be approved by the planning and zoning commission to ensure proper parking, delivery, egress and ingress. The requirements for approval may be greater than the stated setbacks or other requirements.

(h)

Light Industrial Zoning District (I-1).

(1)

Permitted uses. All uses permitted in other zoning districts plus food processing (excluding rendering plants, fish and meat processing), millwork and furniture manufacturing, lumber and building material storage yards, tire recapping, wholesale and warehousing.

(2)

Prohibited uses. Heavy manufacturing uses such as the manufacturing of alcohol, ammonia, brick, cement or concrete, chemicals, fertilizers, lampblack, lime, oilcloth, paint, petroleum products, plastics, products from fish or animal refuse, soap, bulk storage of petroleum products, junkyard or processing of junk or scrap metal or automobile wrecking, railroad repair shops and railroad marshaling yards, any other use that will be injurious, hazardous, noxious or offensive to an extent equal to or greater than those enumerated.

(i)

Heavy Industrial Zoning District (I-2).

(1)

Permitted uses. Any use in the light industrial district, equipment and services of all types, bulk storage of petroleum products not in excess of 300,000 gallons, concrete and concrete products manufacturing, junkyards or processing of junk or scrap metal or automobile wrecking, boat building, metal fabrication, food processing (including fish and meat processing), gravel terminals, rendering plants, machine shop, sheet metal and welding shops.

(2)

Prohibited uses. Dwellings (except living quarters for watchmen and caretakers), schools offering general education courses, churches; and any use injurious, hazardous, noxious or offensive to a neighborhood by reason of odor, smoke, dust, gas, fumes, glare, light, noise or vibration. The zoning director shall determine the noxiousness of any proposed and/or existing use which shall be subject to appeal to the board of adjustment.

(j)

Zoning District TND (Traditional Neighborhood Development). This mixed-use district must be requested and developed according to the guidelines set forth in the parish subdivision regulations.

(Ord. No. 2009-02-4099, § 24-77, 2-25-2009; Ord. No. 2013-09-4480, § 2, 9-25-2013; Ord. No. 2015-01-4650, § 3(24-77), 1-28-2015)

(a)

The parish council may from time to time amend the zoning ordinance by changing the regulations, restrictions, boundaries, or by the re-zoning of property. Such amendments may be initiated by the parish council, the parish planning and zoning commission, or by petition of the property owner.

(b)

A petition by a property owner for an amendment to this article shall be filed with the director of planning and zoning, or the designated representative. In filing such petition, the following requirements must be adhered to:

(1)

Each petition shall be accompanied by 20 copies of a current map drawn by a land surveyor registered in the state. Such map shall be at an appropriate engineering scale to accurately depict the subject property, showing the dimensions of each lot or tract and property ownership of all immediate adjacent property owners of record as per the latest tax assessor's tax rolls (property directly across a public road is considered to be adjacent property). The names and addresses of all adjacent property owners shall be provided to the planning department on plain white gum-backed labels. This map shall show all lots, street, street names and dimensions, existing zoning and other features such as coulees, ditches, easements, etc. In addition, the applicant will complete a parish zoning checklist which is available in the permitting, planning, and zoning department office. The zoning checklist may be modified from time to time without zoning ordinance amendment; however, the staff must submit the proposed change to the zoning commission. The commission will accept public input and decide the propriety of the proposed change.

a.

An electronic format of the map must be provided as part of the application process.

b.

The property owner, authorized agent, and the adjoining property owners must be notified of the reclassification request, the public hearing date, and all other meeting dates at least ten days prior to the public hearing. Said notifications of the public hearing date shall be sent to the immediately adjacent property owners by certified mail/return receipt requested at least ten days prior to the public hearing.

c.

An all-weather, highly visible sign shall be placed on all frontages of the property indicating that the site is proposed for rezoning or development at least ten days prior to the public hearing. The sign shall be installed by the department of public works.

d.

Notice of the proposed change and the time and place of the public hearing shall be published once ten days prior to the public hearing in The Daily Iberian.

(2)

Zoning checklist. All of the following information must be submitted by 3:30 p.m. on the first working day of the month in which the reclassification application is being considered by the regional zoning commission:

a.

Completed reclassification application.

b.

Signed affidavit of ownership/certification of ownership.

c.

Required fee.

d.

Twenty-five copies of a plat drawn by a land surveyor registered in the state. Such map shall be at an appropriate engineering scale to accurately depict the subject property, showing the dimensions of each lot or tract and property ownership of all immediate adjacent property owners of record as per the latest tax assessor's rolls (property directly across a public road is considered to be adjacent property). The names and addresses of all adjacent property owners shall be provided to the zoning department on plain white gum-backed labels. This plat shall show all lots, streets, street names and rights-of-way, existing easements, existing zoning and other features such as coulees, ditches, bayous, etc.

e.

Each application to petition for a re-zoning to an industrial classification, whereby the proposed land use produces a hazardous waste stream, shall have indicated on said reclassification application all hazardous materials, including all hazardous materials intended to be generated, stored or disposed of, on the property during the course and scope of the business, industry, or person of the day-to-day activities.

f.

By signing the reclassification application, the business, industry or person shall have in effect, signed an affidavit relative to the disclosure of all hazardous materials to be generated, stored or disposed of on the premises in question.

g.

Following the parish council's approval of an industrial zoning reclassification request, development must commence within one year or the property shall automatically revert to its previous zoning classification. Should it be necessary for the applicant to obtain federal and/or state regulatory permits, an extension may be granted by the director of planning and zoning, or the parish council's representative.

(3)

Each application to petition for a re-zoning to an industrial classification, whereby the proposed land use produces a hazardous waste stream, shall have indicated on said application to petition all hazardous materials, including all hazardous materials intended to be generated, stored or disposed of, on the property during the course and scope of the business, industry, or person of the day-to-day activities.

(4)

By signing the application to petition for re-zoning, the business, industry, or person shall have, in effect, signed an affidavit relative to the disclosure of all hazardous materials to be generated, stored, or disposed of on the premises in question.

(5)

Following the parish council's approval of a re-zoning to an industrial zoning classification, should development of the property not commence within one year of said re-zoning, the property shall automatically revert to its previous zoning classification. Should it be necessary for the applicant to obtain federal and/or state regulatory permits, an extension may be granted by the director of planning and zoning, or the parish council's designated representative.

(6)

Each petition shall be accompanied by a deposit of $150.00 for each text change not involving acreage. Each petition for a proposed change of the zoning classification of land shall be accompanied by a fee of $500.00.

(Ord. No. 2009-02-4099, § 24-88, 2-25-2009; Ord. No. 2009-11-4155, § 1(24-88), 11-18-2009; Ord. No. 2010-01-4202, § 1(22-88), 1-27-2010; Ord. No. 2011-09-4316, § 3, 8-28-2011)

(a)

Prior to the public hearing, the request for amendment must be properly advertised according to a schedule adopted by the parish zoning commission, or the regular schedule utilized by the parish government for such notice of public hearings. At said public hearing, the director of planning and zoning shall make a recommendation to approve, or deny, any amendment to the zoning ordinance. This recommendation shall include the reasons for the recommendation.

(b)

Those requesting the amendment, or their duly authorized representatives, shall be given the opportunity to state their reasons for approval of the amendment. Those opposing the amendment, or their authorized representatives, will also be given the opportunity to state their reasons for opposition to the proposed amendment. All speakers will be allotted a designated amount of time according to a schedule adopted by the zoning commission. At the conclusion of the public hearing, the zoning commission may:

(1)

Forward a recommendation to the parish council to approve, or deny, the amendment, along with the reasons for such recommendation. Furthermore, where the zoning amendment involves the re-zoning of a piece of property, the zoning commission shall, if it desires, prescribe reasonable performance standards, including, but not limited to, landscaping, buffering, or fencing deemed to be necessary, desirable and reasonable as a condition of approval.

(2)

Table the proposed amendment until the next regular scheduled zoning commission meeting to obtain further information.

(c)

The zoning commission may require supplementary data, including, but not limited to, a site plan, traffic impact analysis or drainage impact analysis. Such requirement may extend the zoning commission's time to act an additional 60 days. Upon failure to act by the zoning commission within 90 days, said request will be automatically forwarded to the parish council for action without a recommendation by the zoning commission.

(d)

A petition for a zoning amendment or re-zoning may be withdrawn by the applicant one time within one year from the date of the filing of the petition. However, if the petition is withdrawn after the public hearing has been held by the zoning commission, or the parish council denies the request contained in the petition, then no further petition for the same property will be considered by the zoning commission or parish council for a period of one year from the date of the public hearing.

(Ord. No. 2009-02-4099, § 24-89, 2-25-2009)

Upon receiving the recommendation of the zoning commission, the parish council may approve or deny the request for amendment of the zoning ordinance. The parish council may limit the permitted uses in any district as a condition of approving any request for re-zoning. Furthermore, the parish council may prescribe performance standards, including, but not limited to, landscaping, buffering, or fencing deemed to be necessary, desirable, and reasonable as a condition of approval. Should said request amendment be denied, no further petition involving any part of said property shall be considered by the parish under provisions of this article for a period of one year.

(Ord. No. 2009-02-4099, § 24-90, 2-25-2009)

No land shall be used or occupied and not structure shall be erected or used unless the off-street parking spaces required herein are provided. Such parking spaces are not required for any structure or use existing at the time of enactment of the ordinance from which this article is derived. However, the parking spaces as specified herein shall be provided for any enlargement, or structural alteration, to any such existing structure or use.

(Ord. No. 2009-02-4099, § 24-102, 2-25-2009)

Each parking space shall contain a minimum of 200 square feet for each vehicle exclusive of necessary drives and other access ways. In addition, all requirements for handicapped parking spaces must be met. A driveway may be considered a required parking space for a dwelling.

(Ord. No. 2009-02-4099, § 24-103, 2-25-2009)

The required parking areas for all parcels of land to be developed shall conform to the following requirements:

(1)

Off-street parking areas required by this division shall be hard surfaced (asphalt or concrete) unless a variance is granted by the board of adjustment.

(2)

Existing structures, that are re-zoned, shall be required to conform to the above requirement unless a variance is granted by the board of adjustment.

(Ord. No. 2009-02-4099, § 24-104, 2-25-2009)

Off-street automobile parking requirements shall be met according to the following schedule:

(Ord. No. 2009-02-4099, § 24-105, 2-25-2009)

(a)

No land shall be used or occupied, and no structure shall be erected or structurally altered, for professional, commercial, or industrial uses in which services are rendered or commodities are sold, displayed, stored, repaired, altered, or fabricated as the principal use of the establishment unless off-street loading spaces required herein are provided. Such loading spaces, however, are not required for any commercial or industrial structure of use existing at the time of the enactment of the ordinance from which this article is derived unless such structure or use in enlarged or structurally altered by 25 percent.

(b)

The off-street loading spaces required by this division shall be located in all cases on the same lot or parcel of land as the use or structure they are intended to serve and shall not restrict pedestrian or vehicular traffic. In no case should any required loading space be part of an area used to satisfy the off-street parking requirements of this division.

(c)

Each professional, commercial, or industrial establishment is required to provide an off-street loading space. At least one loading space with an area of at least 200 square feet shall be provided. If said structure contains over 1,000 square feet of gross floor area, two off-street loading spaces shall be provided. In such a case, one space shall be at least 200 square feet in area and the other space shall be at least 450 square feet in area with a minimum overhead clearance of 14 feet if the loading space is sheltered by a roof.

(Ord. No. 2009-02-4099, § 24-106, 2-25-2009)

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

Home occupation means, in residential districts, a commercial use conducted within a dwelling unit by the resident thereof, which is clearly secondary to the use of the dwelling for living purposes and which does not change the residential character of the dwelling unit or its surroundings.

(Ord. No. 2009-02-4099, § 24-118, 2-25-2009)

(a)

Home occupations shall occupy a maximum of ten percent of the gross floor area of the dwelling unit (excluding garages, attached or detached, and accessory buildings).

(b)

The only exterior indication of a home occupation is one flat non-illuminated sign attached to the dwelling unit itself. The sign shall not exceed one square foot in area.

(c)

There shall be no sale of goods on premises in connection with the home occupation unless such sale is an accessory to the use (e.g., product lines associated with a beauty shop).

(d)

Only a resident of the dwelling may conduct the home occupation. One additional person may be employed, but the maximum number of employees is two.

(e)

Traffic should not exceed the amount of traffic normally expected in a residential area.

(f)

No vehicle larger than a three-quarter ton truck shall be used in conjunction with the home occupation.

(g)

No toxic, explosive, flammable, corrosive, radioactive, or other restricted materials are to be used or stored on the site.

(h)

Any home occupation must be conducted within the hours of 7:30 a.m. and 6:00 p.m.

(Ord. No. 2009-02-4099, § 24-119, 2-25-2009)

The parish board of adjustment is the issuing authority. The application shall include a home occupation affidavit. Attached to the affidavit form shall be a site plan showing the following information:

(1)

Street address;

(2)

Dimensions of the dwelling;

(3)

Location and dimensions of the area where the home occupation will be conducted; and

(4)

Location of the one-square-foot sign.

(Ord. No. 2009-02-4099, § 24-120, 2-25-2009)

Applicants need to be aware that, even though the home occupation may be allowable under the zoning ordinance and approved by the board of adjustment, the subdivision covenants (deed restrictions) may not allow a particular type of home occupation. The following permitted home occupations are subject to approval by the board of adjustment:

(1)

Residential childcare facilities;

(2)

Appropriate offices;

(3)

Studio/workplace for artist, craftsman, musician, photographer, seamstress, tailor, writer, etc.; and

(4)

Barber or beauty shop.

(Ord. No. 2009-02-4099, § 24-121, 2-25-2009)

The board of adjustment shall review the home occupation affidavit and determine whether or not such use would be permitted. Should the board of adjustment grant permission, the actual operation must begin within six months of the date of such permission. If the application is denied, re-submission of the application cannot be made within two years of the original application date.

(Ord. No. 2009-02-4099, § 24-122, 2-25-2009)

A conditional use permit is a discretionary action that authorizes a specific land use, not otherwise permitted in the zoning district, to occur either independently, or with an allowable use in the zoning district providing the procedures outlined in this section are followed and the specific conditions set forth in the approval process as outlined in this division are met.

(Ord. No. 2009-02-4099, § 24-134, 2-25-2009)

Zoning ordinances cannot be drafted to regulate the location of every possible land use under all circumstances, as certain land uses may be appropriate under unique circumstances. A conditional use permit is granted based on reasons specific to the proposed location. Each application for a special use/conditional use permit must be reviewed individually to determine if the proposed use is compatible with the surrounding area and can operate at a specific location without harming the adjacent neighborhood area.

(Ord. No. 2009-02-4099, § 24-135, 2-25-2009)

It is recommended that the applicant for a special use/conditional use permit meet with the zoning staff prior to submitting a formal application. At such meeting, the applicant should be prepared to discuss thoroughly all aspects of the proposed special use, including, but not necessarily limited to, the type of activity, hours of operation, number of employees, etc. This will allow the staff to not only review the request, but offer input on potential problems and various requirements as set forth in this article and other parish ordinances (e.g., landscape, signs, setbacks, parking, etc.).

(Ord. No. 2009-02-4099, § 24-136, 2-25-2009; Ord. No. 2010-06-4214, § 6, 6-9-2010)

A completed application must be submitted to the department of zoning by the tenth day of the month prior to the regular meeting of the zoning commission. The application must be accompanied by a filing fee of $350.00.

(Ord. No. 2009-02-4099, § 24-137, 2-25-2009; Ord. No. 2010-06-4214, § 6, 6-9-2010)

(a)

An application form completed and signed by the property owner.

(b)

A letter to the zoning commission describing the use in detail and reasons why the application should be granted. The letter should specifically address whey the use will benefit and/or not adversely affect the surrounding neighborhood and any other information the applicant deems to be pertinent.

(c)

Three copies of a fully dimensional and scaled site plat including lot size, easements and setbacks, adjacent streets, and rights-of-way.

(d)

Dimensions of proposed or existing buildings with location noted on site plan.

(e)

Proposed landscaping and parking (to be shown on site plan).

(f)

Proof of ownership. The application must be filed by the property owner. If the property is leased, the owner must file the application on behalf of the lessee, as the permit is granted to the property owner.

(g)

Letters of support and/or a petition signed by the adjacent property owners supporting the request.

(Ord. No. 2009-02-4099, § 24-138, 2-25-2009; Ord. No. 2010-06-4214, § 6, 6-9-2010)

The planning staff will present a staff report to the planning commission, which shall include a recommendation for approval or denial. The planning commission will hold a public hearing at which the applicant and any other interested parties may testify for or against the request for a special use/conditional use permit.

(1)

If the request is approved, it will automatically be forwarded to the parish council.

(2)

If the request is denied, the applicant must request in writing to the department of planning, the desire to appeal to the parish council within ten working days. The request must be accompanied by a non-refundable appeal fee of $75.00.

(3)

If the request is denied by the parish council, the applicant must wait a period of two years before requesting a change in zoning, or a special use/conditional use permit on the same piece of property.

(Ord. No. 2009-02-4099, § 24-139, 2-25-2009; Ord. No. 2010-06-4214, § 6, 6-9-2010)

In considering whether a special use/conditional use permit shall be approved, it is of particular importance that the proposed use, at the location in question, not be detrimental to the health, safety, or general welfare of persons residing in or working in the vicinity, or injurious to property or improvements in the vicinity. It must also be shown that the proposed use at this particular location will provide a service which will contribute to the general well-being of the neighborhood and community and/or not be harmful to the immediate neighborhood. In addition, all requirements of the appropriate parish ordinances must be met.

(Ord. No. 2009-02-4099, § 24-140, 2-25-2009)

Should it be determined that the property for which such permit has been granted is being used in a manner other than that for which it is zoned, or for which the permit was specifically granted, upon notification from the parish, the special use/conditional use permit is immediately rescinded and such use shall cease immediately and the property owner will be assessed a $500.00 fine. For each additional day the violation continues, an additional $500.00 fine will be applied. Should legal action be necessary, all court costs and attorney's fees shall be the responsibility of the property owner.

(Ord. No. 2009-02-4099, § 24-141, 2-25-2009)

A non-conforming use is created when a zoning provision is adopted or amended to prohibit a particular use that lawfully existed prior to the enactment or amendment of the zoning ordinance. Existing non-conforming structures and uses shall be subject to the specific regulations of this division as well as the general provisions of this article. The purpose of this division is to permit reasonable continuance of the operation of non-conforming uses and structures while providing for their gradual elimination, if certain specified events occur.

(Ord. No. 2009-02-4099, § 24-153, 2-25-2009)

The provisions of this division shall apply to all buildings, structures or uses of land which are non-conforming at the time of adoption of the ordinance from which this article is derived, as well as to those that become non-conforming as a result of subsequent changes in zoning regulations.

(Ord. No. 2009-02-4099, § 24-154, 2-25-2009)

The following provisions shall be applicable to all non-conforming uses, buildings, and structures:

(1)

A non-conforming use, building, or structure may be continued as is; repaired as necessary for proper maintenance; and altered, or repaired as necessary for safety reasons, or to comply with governmental regulations.

(2)

A non-conforming use shall not be allowed to change to any other type of non-conforming use. A non-conforming use may be changed only to a use which is conforming in the zoning district in which the use is located. Any change of a non-conforming use to any other use shall operate immediately to terminate the right to continue the non-conforming use. Thereafter, the property shall be used only in conformity with the use provisions of its district.

(3)

Any non-conforming building or structure may be rebuilt in substantially the same manner and to the same square footage as previously existed, if the building or structure has been destroyed or damaged by natural disaster, accident, or fire. Any new construction must also meet the current parking requirements for the land use. Restoration must be commenced within six months and completed within one year. The parish council can extend this time period upon a showing of extraordinary circumstances.

(4)

The right to continue a non-conforming use terminates immediately when the structure containing that use is damaged by an intentional act of the property or structure owner or their agent.

(Ord. No. 2009-02-4099, § 24-155, 2-25-2009)

(a)

The right to continue a non-conforming use terminates as soon as the use is abandoned through the discontinuance of the use for an uninterrupted period of one year or more, as a result of causes within the control of the property owner or their agent.

(1)

Discontinuance of the use shall be a complete cessation of all activity on the property related to the use as determined in relationship to the nature and history of the non-conforming use, based upon available public information on the use.

(2)

If the non-conforming use is a seasonal use, the use shall be terminated if it is discontinued for an entire single season based upon the history and nature of the use.

(b)

Any non-conforming use may be abandoned in less than six months, or a season, as applicable, if the property owner expressly states an intent to abandon the use, or engages in action which unambiguously expresses an intent to abandon.

(c)

If the lessee of any building or place used or occupied for non-conforming purposes under a bona fide lease shall, at any time before expiration of said lease, cease to occupy or use the building for non-conforming purposes, the building or land shall not be considered vacant until the owner of the building or land shall again obtain legal control of its occupancy and use. This exemption shall not apply if the lessor, for any reason, is entitled legally to regain possession and does not attempt to do so by legal or other effective means.

(d)

In the event of bankruptcy a building or place used for non-conforming purposes shall not be considered vacant until said building or place is sold or possession thereof returned to the owner by order of court or otherwise in the bankruptcy proceedings.

(e)

Any building or land used for non-conforming commercial or industrial purposes upon which a mortgage has been inscribed and recorded shall not be considered vacant after foreclosure proceeding have been instituted until the mortgagee or purchaser, at foreclosure sale, takes possession and ownership is established by court procedure or until mortgagee gains possession of the property by a recorded legal transfer.

(Ord. No. 2009-02-4099, § 24-156, 2-25-2009; Ord. No. 2010-06-4212, § 6, 6-9-2010)

In the event that the planning director (or other designated official) receives information upon which a determination is made that the right to continue a non-conforming use has been or may have been terminated, the planning director (or other designated official) shall provide written notification to the property owner, and to the parcel address, all as shown in the records of the parish assessor. If the property owner feels this determination is in error, an appeal may be filed with the board of adjustment as outlined in this article.

(Ord. No. 2009-02-4099, § 24-157, 2-25-2009)

In accordance with the provisions of Act No. 526 of the 2022 Regular Session of the Louisiana Legislature and specifically R.S. 29:726 F(2)(b), in the event, Iberia Parish is included in a presidential declaration of a major disaster or emergency and the parish submits a request to the governor's office of homeland security and emergency preparedness (GOHSEP) for additional funding and resources for temporary housing and shelter assistance, any land use regulations relative to permitting for mobile homes, recreational vehicles or other temporary housing to be located directly adjacent to the applicants or survivor's damaged dwelling may be waived by the parish president to allow for expedited temporary housing assistance in the parish.

However, nothing contained herein to the contrary is intended to waive the requirements for obtaining any necessary building permit or inspection of the placement of such mobile homes, recreational vehicles or other temporary housing located directly adjacent to the survivor's damaged dwelling.

For purposes of this section, the placement of mobile homes, recreational vehicles or other temporary housing located directly adjacent to the survivor's damaged dwelling shall not exceed a period of one year from the date of issuance of the permit for such placement. The director of planning, zoning and permitting may extend that period for not more than two additional periods of six months each for good cause.

(Ord. No. 2022-08-5202, § 1, 8-10-2022)

(a)

A dirt pit is an allowed use by special use/conditional use permit as recommended by the parish regional zoning commission and approved by the parish council. The purpose is to provide policies, standards, requirements, and proce-dures to regulate and control the location and expansion of commercial dirt pits and ensure that all such operations are located in a manner that will promote public health, safety, general welfare, and the physical and economic development of the area.

(b)

Dirt pits are classified by two types: residential (maximum two-acre pond) for residential use only and commercial (greater than two acres per tract) for the excavation of dirt as a business and each are considered separate and distinct uses.

(c)

No more than one dirt pit/pond (regardless of size) shall be allowed per tract of land, per owner, unless approved by special use/conditional use permit by the parish regional zoning commission and parish council. All federal, state and local agency permits are required. Written approvals shall be attached when applying for a special use/conditional use permit and an occupational business license.

(Ord. No. 2013-10-4518, § 3(24-171), 10-23-2013)

(a)

Banks. The banks of any pit or excavation shall be sloped to prevent sliding or caving when the useful time of the pit ends. The banks of all excavation sites shall be sloped at a grade of not less than three feet horizontal to one foot vertical. The finished grade of all excavation sites shall not adversely affect the surrounding land or the development of the site on which the excavating is being conducted.

(b)

Building permit required. Any proposed pond or dirt pit must secure a building permit prior to commencement from the department of permitting, planning and zoning. The building permit fee shall be $150.00.

(c)

Drainage impact analysis. A drainage impact analysis is required for all proposed ponds or dirt pits regardless of size, location, purpose, or function. The study shall be reviewed and approved by the parish public works department and shall accompany the special use/conditional use permit application prior to the issuance of any building permits or licenses.

(d)

Endangered Species Act compliance and wetlands determination. Any proposed pond or dirt pit in a special flood hazard area must seek and secure approval from the department of wildlife and fisheries.

(e)

Flood zone determination. A flood zone determination letter shall accompany the drainage impact analysis and traffic study (if required) when applying for a special use/conditional use permit to operate a proposed pond or dirt pit within the parish. If the proposed site is located within an area determined to be a floodway or inside a floodprone area, the application may be rejected.

(f)

Required setbacks. Proposed commercial ponds or dirt pits must be set back a minimum of 150 feet from any public road or established private rights-of-way. Proposed commercial pond or dirt pits shall be set back a minimum of 50 feet from any adjacent property line and a minimum of 500 feet from any habitable structure (unless the owner of said structure indicates in writing that he has no objections). All proposed ponds or dirt pits within 500 from a habitable structure or any residential zoned area must have at least a 50-foot green planted strip (can be natural vegetation) and should remain as a buffer between the proposed pit and the property line of the adjacent property. This requirement shall not apply to legal non-conforming dirt excavation pits, in existence prior to adoption of the ordinance from which this division is derived. Any encroachment that may have existed as of the adoption of this ordinance may not be increased.

(g)

Runoff water. Any pit or excavation shall be drained so that it will not collect water. As part of the application process, the applicant shall state in writing where and what direction the water will drain (i.e., coulee, ditches, canals and bodies of water). The owner shall also state what, if any types of materials, chemicals, etc., will be included in the water drained from the pits that ultimately flows into waterways.

(h)

Site location. The intent of the location criteria is to ensure the compatibility of the site with adjacent properties and with the surrounding general area while imposing appropriate performance standards (i.e., setbacks, buffering, etc.) to allow suitable development of the site. For the purposes of this section, the term "sites" means the entire property, or specified portion thereof, for which this permit is requested or applied. The permitted use of ponds or dirt pits or dirt excavation pits shall be within the A-1 Agricultural Districts only by special use/conditional use permit. Only the extraction, removal and transportation of dirt excavated from the site will be permitted.

(i)

Survey plat. The building permit request shall be accompanied by a survey plat which shall depict at least the following information:

(1)

Location of the property upon which the pond or dirt pit is to be constructed indicating section, township, range, and parish, with a graph scale of one inch equals 100 feet, north arrow, and date of plat;

(2)

Location of all property lines and all existing easements, rights-of-way and servitudes of whatever nature and kind effecting the property;

(3)

Location of the proposed pond or dirt pit; and

(4)

All required setbacks contained in subsection (f) of this section.

(Ord. No. 2013-10-4518, § 3(24-172), 10-23-2013; Ord. No. 2017-10-4849, § 1, 10-11-2017)

(a)

Access restrictions. Access shall be to a public road or established private right-of-way; however, access through an existing approved residential subdivision approved by the parish regional planning commission is not allowed, unless approved as a special use/conditional use permit. Public road access shall not be constructed, nor culverts installed, unless pre-approved by parish public works accompanied by an engineered traffic study (if required), the department of transportation (if required), the parish regional planning commission, the parish permitting, planning and zoning office, and the parish council. The public works department shall review the ingress and egress routes to determine if they are suitable for the vehicles and loads to be used, and if there are any adverse impacts on parish rights-of-way or roadways.

(b)

Business license required. Commercial dirt pits must register with the department of permitting, planning and zoning and the department of administration within 30 days of adoption of the ordinance from which this article is derived listing the depth and width of each existing pit. Upon receipt and compliance with this section, the existing commercial dirt pit operator will be provided a building permit and certification of compliance. In order to expand the existing site, the owner shall apply for a permit to expand and appear before the regional board of adjustment. Expansion of the existing area shall be subject to compliance with the terms as set forth and adopted in this division.

(c)

Closures. No dirt pit may be closed or filled without securing a department of agriculture permit.

(d)

Existing dirt pit operations. Within 30 days of adoption of the ordinance from which this division is derived, all existing dirt pit owners shall register their commercial operations showing pit depth, width and location. Prior to expansion, the owner shall submit an application to expand and appear before the regional zoning commission for approval. Upon issuance of the permit to expand, all new areas shall comply with the regulations as set forth herein.

(e)

Hours of operation. Existing and proposed commercial dirt pits are allowed to operate seven days a week from dusk to dawn.

(f)

Required on-site equipment. Proposed commercial dirt pits shall have a water source on site, for irrigation purposes, sufficient to comply with the department of environmental quality.

(g)

Watering trucks. Watering trucks shall wet down the dirt roads traveled during hours of dirt hauling operations, if there are residential structures located within 500 feet of dirt access road or pit area. Dust shall be controlled on interior drives or streets so that it does not create a nuisance to neighboring property owners. It is the dirt pit owner's responsibility to ensure that all trucks exiting the dirt pit site are tarped or covered in accordance with the requirements of the department of environmental quality.

(h)

Waivers/variances. Any requested waiver or variance of any of the regulations must seek approval from the parish regional zoning commission as a special use/conditional use permit.

(Ord. No. 2013-10-4518, § 3(24-173), 10-23-2013)

The regulations in this article shall be enforced by the director of planning and zoning, or another designated official. This individual may inspect and examine any building, structure, place or premises and order, in writing, the remedy of any condition found to exist in violation of any provisions of this article. Appeal of the decision may be made to the board of adjustment (section 115-134).

(Ord. No. 2009-02-4099, § 24-182, 2-25-2009)

(a)

In case any building or structure is erected, structurally altered or maintained, or any building, structure, or land is used in violation of this article, the director of planning and zoning, or other designated official, may institute any appropriate action or proceedings to prevent such lawful erection, structural alteration, maintenance, or use, or other violations to restrain, correct, or abate such violations, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in, or about such premises.

(b)

When a violation is found to exist, the director of planning and zoning, or other designated official, will notify the owner of the subject property that a zoning violation exists. The owner will be identified by referring to the current parish property tax rolls and his address shall be the last address shown on such rolls. Notice is to be served by certified mail, return receipt requested, sent to the owner at his actual address or last known address listed on the tax rolls of the parish assessor. If the building is under construction, a stop work order will be posted on the premises.

(c)

Failure of the property owner to respond to these official notifications will be cause for the director of planning and zoning, or other designated official, to notify the parish district attorney's office to request that the owner be arrested and charged.

(Ord. No. 2009-02-4099, § 24-183, 2-25-2009)

The owner or general agent of a building or premises where a violation of any provision of this article has been committed or exists, or the lessee or tenant of an entire building or entire premises where such violation has been committed or exists, or the general agent, architect, builder, contractor, or any other person who commits, takes part in, assists in any such violation, or maintains any building or premises in which any such violation exists shall be fined not less than $100.00 and not more than $500.00 or be imprisoned for not more than 30 days for each day the violation continues.

(Ord. No. 2009-02-4099, § 24-184, 2-25-2009)