Lafayette City Zoning Code
ARTICLE IV
Parking; Signs; Nonconformities; Exceptions; Topsoil Removal; Stormwater Management
§ 290-16 Parking.
[Amended 11-7-2024 by L.L. No. 2-2024]
A.
The following parking spaces shall be provided and maintained on the same lot for each structure hereafter erected, enlarged or altered for any of the following uses:
Use | Number of Parking Spaces |
|---|---|
Residential | 2 for each dwelling unit |
Place of worship, theater, and other places of public assembly | 1 for each 4 seats at maximum capacity |
Hotel and boardinghouse | 1 for each guest room |
Restaurant and tavern | 1 for each 100 square feet of patron seating floor area |
Office | 1 for each 100 square feet of gross floor area |
Store | 1 for each 100 square feet of gross floor area |
Institution, hospital and nursing home | 1 for each 3 beds |
Industrial or manufacturing | 1 for each 400 square feet of manufacturing gross floor area |
Warehouse | 1 for each employee |
Other commercial enterprise | 1 for each 300 square feet of gross floor area |
B.
The Zoning Board of Appeals may approve by special use permit the off-site location of all or part of the above spaces upon finding that such spaces are unavailable on the same lot. Off-site parking must be located within 500 feet of the use, and the spaces must be permanent, off-street and accessible.
§ 290-17 Signs.
The following regulations shall apply to all signs:
A.
No sign shall be allowed in the road right-of-way.
B.
No signs in any district, unless attached to a building, shall be located less than 20 feet from a property line.
C.
No sign attached to a building shall project above the height of the wall upon which it is attached. No sign shall be placed upon the roof of a building. No freestanding sign shall be higher than 25 feet above grade.
D.
No illuminated sign shall interfere with the vision of persons on the highway, nor be unreasonably detrimental to an adjoining neighboring use(s). All effort shall be made to be night sky compliant.
E.
Electronic, video or digital message portions of signs may be permitted in the H, B and I Districts. The sign shall not exceed 15 square feet. Flashing of messages or images is prohibited. Automatic dimming capability that adjusts the brightness of the sign to the ambient light at all times of the day and night is required.
F.
An application for special use permit approval must be made to the Zoning Board of Appeals for all signs in excess of 15 square feet, which shall be regarded as structures within the meaning of this chapter.
G.
Not more than two advertising signs, which may be illuminated on one or two faces for the identification of the business or industry, are permitted on the premises. Such freestanding signs shall not have an area greater than 15 square feet. Such signs attached to the building may not have an area greater than 12% of the street facade of the principal building. Advertising signs shall be limited to the Hamlet, Business, Industrial and CPD Districts, except that signs advertising home occupations up to two feet by two feet are allowed in any district in which home occupation use is authorized.
H.
No more than two directional signs per business shall be allowed, except in the H District, and directional signs may not have a greater area than two square feet. Permission from the property owner must be granted.
I.
In the AG, R-1, RPC and RM Districts, no sign shall be erected or used except:
(1)
A single sign may be allowed for the identification of the principal buildings and uses on the premises, or for the sale of agricultural products grown on premises. Such signs shall not exceed 10 square feet in area. This sign may be illuminated in one or two faces, except in R-1 and RPC Districts.
(2)
Governmental, traffic, legal and public signs, and flags, plaques and emblems of political, civic, philanthropic, educational or religious organizations or institutions.
(3)
Temporary real estate and construction signs.
§ 290-18 Nonconforming lots, structures and uses.
A.
Within the districts established by this chapter there exist lots, structures and uses of land which were lawful before the Town of LaFayette's zoning ordinance was originally adopted or amended but which would be prohibited, regulated or restricted under the terms of this chapter or further amendment. It is the intent of this section to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival to the extent practicable. It is further the intent of the Town that nonconforming uses shall not be enlarged upon, expanded, extended nor that they be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
B.
Except as otherwise provided herein, legal nonconforming uses and structures may continue to exist and may be maintained and repaired. A nonconforming structure that is declared unsafe by a proper official of the Town may be strengthened or restored to a safe condition. Such repair and/or restoration must be completed within one year of the date the damage was sustained or sooner if required in writing by the Code Enforcement Officer. Failure to do so shall be considered an abandonment. This period may be extended for up to one additional year upon application to the Zoning Board of Appeals for good cause shown.
C.
Nonconforming uses are hereby declared to be incompatible with permitted uses in the districts involved. A nonconforming use may be expanded into any portion of a building that existed as of the date of the provision of this chapter which would otherwise prohibit such use. In all other cases, a nonconforming use of a structure or land shall not be extended or enlarged nor shall the existence of a legal nonconforming use serve as grounds for adding structures or uses otherwise prohibited in the same zoning district.
D.
A nonconforming structure or building may not be extended or enlarged unless the owner thereof shall first apply to the Zoning Board of Appeals and receive a special use permit authorizing such extension or enlargement. In granting such a permit, the Board of Appeals must find that such proposed extension or enlargement will not be detrimental to the neighborhood.
E.
A nonconforming lot shall not be further reduced in size.
F.
No nonconforming use, or part thereof, if wholly or partially changed to a conforming use, shall thereafter be changed back to a nonconforming use.
G.
In any district, whenever a nonconforming use of land or structure on any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter as it may be amended. If abandonment is physically demonstrated by the removal of buildings, structures, machinery, equipment and other evidence of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed and all rights to reestablish or continue such nonconforming use shall thereupon terminate, regardless of the period of time, unless authorized by the Zoning Board of Appeals.
§ 290-19 Building line exception.
When a property has buildings on the adjoining properties that have nonconforming front yard setbacks, the proposed building may be erected with the same setbacks as the adjoining buildings, but not less than 20 feet from the property line.
§ 290-20 Corner lots.
Each corner lot will have two front yards. The setbacks for these two yards will be the smaller of the district's front yard setback or the front yard setback of the adjoining property. These yards shall be unoccupied except for fences and landscaping less than three feet high.
§ 290-21 Excavation and topsoil removal.
Except upon special use permit of the Zoning Board of Appeals, no person shall strip, excavate or remove the topsoil or fill for sale or for use other than on the premises from which the same shall be taken, and no excavation shall result in a slope of more than one foot vertical to two feet horizontal, unless through proper use of retaining walls and fencing equivalent safety to person and property can be obtained, and no such excavation shall be permitted to cause erosion gullies and soil loss.