Zoneomics Logo
search icon

Kenner City Zoning Code

ARTICLE III

General Provisions

Section 3.01 - Existing Codes to be Repealed or Modified.

Upon the effective date of this Code, the following ordinances that are currently in effect and any subsequent amendments to them shall be repealed or modified:

(a)

Ordinance 2427, Comprehensive Zoning Ordinance, adopted December 4, 1978, shall be repealed and replaced with the Unified Development Code;

(b)

Chapter 14, Subdivisions; of the Code of Ordinances, City of Kenner, adopted August 14, 1972, shall be repealed and modified in Article XIII of the Unified Development Code;

(c)

Chapter 10, Article VII, Group Homes and Community Homes of the Code of Ordinances, City of Kenner, adopted August 14, 1972, shall be repealed and modified in Article XII, Section 12.10 of the Unified Development Code;

(d)

Chapter 2, Article III, Planning Commission, and Zoning Commission of the Code of Ordinances, City of Kenner, adopted August 14, 1972, shall be repealed and modified in Article IV, Section 4.03 of the Unified Development Code.

Section 3.02 - Applicability

(a)

Territorial Application: This Ordinance applies to all land, uses, and structures within the corporate limits of the City of Kenner, LA.

(b)

General Application: In their interpretation and application, the provisions of this Ordinance are the minimum and maximum requirements for the promotion and protection of the public health, safety, and welfare, and are construed to achieve the purposes for which this Ordinance was adopted.

(c)

Required Conformance with Ordinance: No portion or whole of any lot, parcel of land, or structure may be used or occupied, and no structure, in whole or in part, may be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless it conforms to the provisions of this Ordinance.

(d)

Subdivisions Required to Conform with Ordinance: All subdivision of land must conform to the provisions of this Ordinance. Where this Ordinance is more restrictive than the Subdivision Regulations, the more restrictive will prevail.

(e)

Ordinance Control of Private Agreements/Restrictive Covenants: Where this Ordinance is more restrictive than a private agreement or restrictive covenant, this Ordinance controls. Where a private agreement or restrictive covenant is more restrictive than this Ordinance, the private agreement controls. The City will not enforce any private agreements or restrictive covenants.

Section 3.03 - Conflict with Other Laws and Regulations

(a)

In interpreting and applying the provisions of this Ordinance these provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare.

(b)

It is not intended by this Ordinance to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties.

(c)

Whenever these regulations contain an actual, implied, or apparent conflict with other laws and regulations, including an internal conflict within this Ordinance, the more restrictive regulation applies, unless otherwise specified.

(d)

All development must comply with relevant Federal and State regulations. Whenever any provision of this zoning code imposes a greater requirement or a higher standard than is required in any Federal or State statute or regulation, the provisions of this zoning code shall govern unless preempted by Federal or State law.

Section 3.04 - Severability

If any section or provision of this Ordinance is declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid.

Section 3.05 - Effective Date

The effective date of this Ordinance is seventeen (17) days from the date of adoption of this Ordinance, adopted March 17, 2016.

Section 3.06 - Restriction on Land, Buildings and Structures

(a)

Use: No building or structure shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land, building, structure or premises be used for any purpose or in any manner other than a use designated in this ordinance, or amendment thereto. Further, no property shall be utilized as allowed under this ordinance unless fronting on an improved, accepted-for-maintenance street.

(b)

Height: No structure or building shall be erected nor shall any existing building be moved, reconditioned, or structurally altered to exceed in height the limit established in this ordinance, or amendment thereto, for the district in which such building or structure is located. Further, no building or structure shall exceed height limits established in Section 3.09, airport runway approach zones.

(c)

Percentage of lot occupancy: No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged, or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements, and the area and parking space and yard regulations established by this ordinance, or amendment thereto, for the district in which such building or structure is located.

(d)

Density of population: No building, structure, or premises shall be erected, occupied, or used to provide a greater density of population than is allowed under the terms of this ordinance for the district in which such building, structure, or premises is or are located.

(e)

Open space use limitation: No yard or open space provided about any building or structure, for the purpose of complying with the regulations of this ordinance, or amendment thereto, shall be considered as providing a yard or open space for any other building structure, except as otherwise provided by this zoning ordinance.

(f)

Required lot and occupancy: Every building or structure hereinafter erected shall be located on a lot of record. The physical development of land shall not be constructed over existing lot lines. A resubdivisoin of land into one (1) lot of record may be required in order to accommodate the size of the development.

Section 3.07 - Revocation of Streets and Public Ways

Whenever the dedication of any street, alley or other public way is revoked by ordinance, the zoning district abutting each side of such street, alley or public way shall automatically extend to the center of same, and all area included therein shall then become subject to all appropriate regulations of the extended districts.

Section 3.08 - Protection of Major Street Rights-of-Way

Every building or structure hereafter erected on any lot abutting on any street shown as a designated street on the major street plan, shall in the computation of the front and side yard depth as hereafter required, compute, and measure the required depth from the right-of-way line as set out in the major street plan of the City of Kenner.

Section 3.09 - Approach Zones

No hazard to aircraft shall be located in airport runway approach zones, as indicated on the attached zoning maps of the City of Kenner and shall not exceed a height established by a line beginning at the end of the runway and in alignment with the runway and extending outward and upward at a ratio of one foot vertical distance to fifty (50) feet horizontal distance. Further, all structures placed in the runway approach zones must be approved by the Federal Aviation Administration and determined to be no hazard to flight navigation.

Section 3.10 - Ingress and Egress

Whenever an industrial or general commercial development abuts a residential district, or occurs near a residential district, no residential street shall be used to provide ingress and egress to said industrial or general commercial development.

Section 3.11 - Exception to Side Yard Requirements for Corner Lots in Residential Areas

Notwithstanding the provisions of this ordinance concerning side yard requirement for corner residential lots, there shall be permitted projection into required side yards along the side street of such corner lots for the purpose of construction of fireplaces, bay windows and central air conditioning systems, provided that such projections shall not project more than three (3) feet into the required side yard, and shall not exceed eight (8) feet in total length.