For the purpose of this article, the following words and phrases used herein shall have the meaning ascribed to them below:

Accessory building and use means subordinate building or a portion of the main building, the use of which is incidental to that of the main building or land not used for a place of habitation or a living room, kitchen, dining room, parlor, bedroom, or library. An accessory use is one which is incidental to the main use of the premises.

Advertising signs means pertaining only to the lease, sale, or use of a lot or building on which placed and not exceeding a total area of 12 square feet; provided that on a lot occupied by a dwelling the total area of all signs shall not be more than two square feet for each dwelling unit. All other signs are prohibited in residential areas.

Agriculture means a farm of ten acres or more for the production of crops and livestock including greenhouse and nurseries for the raising of plants and sale of farm products raised on the premises but shall not be construed to mean the commercial processing of farm products such as slaughterhouses, canning plants, feed mills, etc.

Board means the board of adjustment established in part X.

Building means any structure built for use of persons or animals.

Commission means the Planning and Zoning Commission of Leesville.

Conditional use provide for a discretionary review of uses that are allowed, but do not meet the standards for administrative review.

Council means the Mayor and Commissioners of Leesville.

District means a part of the city wherein regulations of this article are uniform.

Dwelling means a building used entirely for residential purposes and shall not be construed to include trailers.

(1)

Single-family dwelling is a building that contains only one living unit.

(2)

Two-family dwelling is a building that contains only two living units.

(3)

Multiple dwelling is a building that contains more than three living units.

"Dwellings" may include accessory uses.

Family means one or more persons occupying a living unit as an individual housekeeping organization as distinguished from a group occupying a boarding house, lodging house, or hotel.

General terms means the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as individual. The present tense includes the future. The singular includes the plural and the plural, the singular. The word "shall" is mandatory, the word "may" is permissive. The words "used" or "occupied" include the words "intend", "designee" or "arrange" to be used or occupied.

Home occupations means customarily home occupations such as dress-making or tailoring, office of a physician, or other professional persons incidental to a permitted use; provided such occupations are conducted in the main building and by persons resident in said buildings and provided further that persons conducting such operations may employ no one outside the family.

Living unit means the rooms occupied by a family. The "living unit" must include a kitchen.

Lot means a plot or parcel of land adequate for occupancy by a use herein permitted, providing the yards, area, and off-street parking herein required and fronting directly upon a street.

Lot, corner means a lot which abuts on two or more streets and/or roads at their intersections, or upon a curved street, provided that the two sides of the lot or the curve at the street line at its starting points at or within the side lines of the lot intersect to form an interior angle of not more than 135 degrees.

Lot depth means the distance between front and rear lot lines. If two opposite sides of said lot are not parallel, the depth shall be deemed to be the mean distance between the front and rear lot lines.

Lot, interior means a lot which is not a corner lot.

Lot line, front means the front lot line of an interior lot is the line separating the lot from the street or easement of principal access. The front lot line of a corner lot shall be the lot line with the least frontage.

Lot line, rear means the rear lot line is the boundary opposite and more or less parallel to the front lot line. The rear lot line of an irregular or triangle lot shall be for the purpose of this ordinance a line not less than ten feet long, lying wholly within the lot and parallel to and at the farthest distance from the front lot line.

Lot line, side means a side lot line is any lot boundary line not a front line or a rear lot line. A side lot line separating a lot from a street line is an exterior side lot line. Any other side lot line is an interior side lot line.

Lot, through means in general, this is bad planning but some do exist; therefore, a through lot is defined as one whose depth extends between two more or less parallel streets and has frontage on each street.

Lot width means the width of the lot measured at right angles to the mean depth or at the building line.

Non-conforming structure means a building or part thereof lawfully existing on the effective date of the adoption of any prior provisions of chapter 74 of this Code, or on the effective date of Ordinance No. 3/98, and which does not conform to all of the regulations of the district in which it is located.

Non-conforming use means a use which lawfully occupies a building or land on the effective date of the adoption of any prior provisions of chapter 74 of this Code, or on the effective date of Ordinance No. 3/98, and which does not conform to the use regulations of the district in which it is located.

Office buildings means a building designed for or used as the offices of professional, commercial, industrial, religious, public or semi-public persons or organizations.

Parking space means one automobile parking space shall be an area not less than nine feet by 20 feet and the access to the parking space for a public street or alley shall be provided in addition to the space necessary for parking, a total space of 400 square feet in area per car, when parking is one side of a an access driveway and 300 square feet in area per car when parking is along both sides of an access driveway.

Permanent installation means that each manufactured home, mobile home, house trailer, modular home and portable building shall be permanently sited (non-mobile), i.e., secured in place with a mobile home stand which shall provide an adequate foundation for the placement of anchors and tie downs such as cast-in-place concrete dead men, eyelets imbedded in concrete foundation or runways, screw augers, arrowhead anchors, or other devices, thereby securing the stability of the mobile structure from uplift, sliding, rotation, or overturning. Such anchors shall be placed at minimum, on each corner of the mobile structure on a solid concrete foundation. Each manufactured home, mobile home, house trailer, modular home and portable building shall be properly skirted and the axle and tongue, if applicable, shall be removed, as part of the permanent installation.

Planned district shows in detail the manner in which the land will be used by designating the type and location of buildings, roadways, off-street parking, service areas, setback requirements, landscaping and character of a development in conformance with requirements of all other city ordinances, minimum area, and specific districts of this article.

Planning commission shall act as a zoning commission at such time as this article shall go into effect.

Recreational use means an area offering recreation facilities to the public for boating, boat launching, fishing, swimming, picnicking, camping, outdoor games, horseback riding, parks, playgrounds, and may include community centers.

Region means governmental area covered by this article.

Set-back means the minimum distance away from a property line where buildings may be constructed, a building line; usually a line parallel to the front property line.

Street line or right-of-way line means the dividing line between a lot, its property line or lines, and a public right-of-way, a public street, road, or highway, or a private street, road, or highway over which two or more abutting owners have an easement or right-of-way.

Structure means anything built that requires a permanent location, however, but shall not be construed to include trailers.

Trailer, mobile home means a vehicle equipped for use as a dwelling and designed to be hauled along a highway.

Yard means a required open space unoccupied and unobstructed by any structure or portion of a structure from six inches above the general ground level of the graded lot upward, provided, however, that fences and walls may be permitted in any yard subject to height limitations as indicated herein.

Yard, front means a yard extending between side lot lines across the front of a lot. In case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages.

Yard, front depth means the depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost points of the side lot lines, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel.

Yard, side means a yard extending from the rear line of the required front yard to the rear lot line. In the case of through lots, side yards shall extend from the rear line of the front yards required. In the case of corner lots with normal frontage, there will be only one side yard adjacent to the interior lot. In the case of corner lots with reversed frontage, the yards remaining after the full front yard has been established shall be considered to be the side yard.

Yard, side width means the width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. This inner side yard line of the required side yard shall be parallel to the straight line so established.

Yard, rear depth means the depth of required rear yards shall be measured at right angles to a straight line joining the real most points of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.

(Zoning Ordinance, §§ 9.1—9.38; Ord. No. 3/98, § III, 4-13-98; Ord. No. 4/24, 5-13-24)

(a)

No building, structure, or land shall hereafter be used or occupied and no building or structure or part a thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No building or other structure shall hereafter be erected or altered:

(1)

To exceed the height;

(2)

To accommodate or house a greater number of families;

(3)

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required;

(4)

To occupy a greater percentage of lot area; or

(5)

In any other manner contrary to the provisions of this article.

(c)

No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this article shall be included as a part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(d)

No yard of lot existing on August 10, 1970 shall be reduced in size of area below the minimum requirements set forth herein. Yards of lots created after August 10, 1970 shall meet at least the minimum requirements established by this article.

(e)

With each district, the regulations set by this article shall be minimum regulations and shall apply uniformly to each class or kind of structure of land.

(f)

All lands within the city which are under water and are not shown as included with any district shall be subject to all the regulations of the district adjacent to the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line.

(g)

Whenever any street, alley, or other public way is vacated by official action of the governing body of the city, the zoning district adjoining 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.

(h)

No building or other structure shall hereafter be erected or altered in such a fashion so that the elevation of the lowest floor surface therein shall be lower than any street surface adjoining the property on any side thereof.

(Zoning Ordinance, §§ 1.301—1.306; Ord. No. 5/95, 2-27-95)

(a)

To ensure a safe, efficient, attractive and well-ordered community and best serve the interests of public health, safety and welfare, the City of Leesville wishes to establish development plans of all nonresidential uses, multifamily dwellings, planned unit developments ¹ and planned building groups ² which are subject to review and approval by the planning commission prior to the issuance of building permits, unless specifically made subject to administrative approval or waived by ordinance; and

(b)

In order to provide for the location of uses with unique characteristics which may be necessary or appropriate within a given district but which might otherwise adversely impact future development, existing nearby properties, or the community, a classification of permitted uses is established in each district that requires the review and approval of a specific development plan by a development review committee (DRC) ^[3] and the planning commission. Planning commission review shall be limited to consistency of the development plan with code requirements as determined by the DRC. Planning commission approvals may be conditional, and/or subject to any modifications specified. Relevant objectives for the development include, but are not limited to:

(1)

That it be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;

(2)

That it not be hazardous or disturbing to existing or future nearby uses, property or persons through activities, processes, materials, equipment or operations that produce excessive traffic, noise, smoke, fumes, glare or odors without adequate means of control;

(3)

That it be adequately served by essential public facilities without the need for excessive additional requirements at public expense that is detrimental to the economic welfare of the community; and

(4)

That it not result in the destruction, loss, damage or reduction of the public enjoyment of a natural, scenic or historic feature of major importance.

(c)

Unless specifically waived by ordinance, site plan approval is required prior to the issuance of any building permit. In accordance with application requirements, a specific development plan may be submitted for approval as part of an application to amend the zoning ordinance without additional fee. Any subsequent review or amendment to a previously approved development plan shall require a separate application and deposit of the scheduled fee. When otherwise required herein, or at the discretion of the planning commission, a public hearing shall be advertised and scheduled; and

(d)

Whenever a use is listed in a specific district as requiring planning commission approval, an application and deposit of the scheduled fee seeking this approval is required. When otherwise required herein, or at the discretion of the planning commission, a public hearing shall be advertised and scheduled. When applicable, a request to amend the zoning ordinance and planning commission approval of a specified use shall be consolidated into a single application and fee.

(e)

An application required by this section shall contain the following minimum components:

(1)

An application for amendment shall contain the name and address and signature of the applicant, and all persons or legal entities whose ownership interest in the property equals or exceeds five percent.

(2)

The applicant shall submit a sketch of survey which shows current conditions of the land area involved.

(3)

The applicant shall submit a written statement of the nature of and reason for the approvals sought. The applicant shall submit whatever drawings and written material may be necessary to provide a reasonably accurate description of all the proposed improvements for the property in question including, but not limited to, off-street parking, pedestrian and vehicular circulation, truck loading facilities, trash and garbage areas and equipment, lighting, landscaping, fencing or other visual screening, signs, hours of operation, building size, height, materials and appearance, the general appearance of other vertical improvements and other details as may be specified by the development review committee (DRC) and the planning commission.

(4)

The applicant shall deposit with the planning commission a fee in the amount specified in the current schedule.

(f)

The planning director may provide administrative approvals under the conditions described herein without the requirement of an application to the respective board otherwise required by this chapter. Planning director administrative approvals shall be limited to the following circumstances:

(1)

Reduction of not more than 25 percent in the front yard setback requirement in any district.

(2)

Reduction of not more than 25 percent in the rear or side yard setback requirements in any district, except when the reduction is for an accessory structure adjacent to a public utility easement, a railroad right-of-way, in which case the reduction may be up to 100 percent of the required rear or side yard.

(3)

Increase of not more than ten percent in the maximum height permitted in any district.

(4)

Reduction of not more than ten percent in the required number of hard-surfaced parking spaces, provided land area is available on the site to provide the required parking if necessary.

(5)

Approval of alternative materials and methods of construction, or increases of not more than 50 percent of the allowed footprint or height of an accessory structure that is limited by supplementary yard regulations, when consistent with the existing development pattern.

(6)

Approval of uses in a given district that are explicitly allowed for planning director approval by other sections of this chapter.

(g)

The following policy is established for any person, firm, or corporation requesting the administrative approval by the planning director by filing a written application thereof in the office of the planning commission; and

(1)

Each application shall contain at least the following information: the name, address and signature of the applicant and all property owners and all persons or legal entities whose ownership interest in the site being considered equals or exceeds five percent shall be included with the application.

(2)

The applicant shall submit a sketch of survey which shows current conditions of the land area involved or property for which an administrative approval is being requested, as well as proof of ownership of such property such as a deed, tax notice, or assessment.

(3)

A site plan shall be submitted meeting same requirements as subsection (e) accompanied by a statement signed by each property owner whose property adjoins or is directly across the street from the applicant's property stating that they are aware of the request for an administrative approval and that they have no objection to the request.

(4)

Deposit with the planning commission a fee in the amount specified in the current schedule of fees for processing the application.

(5)

Upon receipt of a completed application, the planning director or his designee shall examine the application and shall conduct such investigations as necessary to determine that the representations in the application are accurate. Within 14 calendar days of receipt of the completed application, the planning director or his designee shall notify the applicant in writing of the decision, the reasoning and/or stipulations pertaining to the decision. The failure of the planning director to act upon any application within the time period provided herein shall be deemed as a denial. A denial or other decision of the planning director regarding an administrative use approval may be appealed by application, in accordance with the procedures described elsewhere herein, to the planning commission with the authority to approve a specific use in a given district following public hearing. Site plan approval is good for one year and may be extended up to one year by planning director.

¹  Planned unit development (PUD) is defined as a type of ownership where individuals actually own the building or unit they live in, but common areas are owned jointly with the other members of the development or association.

²  Planned building group is defined as multiple structures constructed on a parcel of land, excluding farmland, under the ownership, control, or development by an individual, a corporation, a partnership, or a firm.

³  Development review committee (DRC) is defined as City of Leesville appointed regulatory staff who review plans based on the City Code of Ordinances.

(Ord. No. 9/12, 3-26-12)

Editor's note— Ord. No. 9/12, adopted March 26, 2012, did not specify manner of inclusion; hence, codification as § 74-3 was at the discretion of the editor.

(a)

Except as provided in this section, it shall be unlawful for any person to engage in a development activity prior to approval of a site plan by the planning commission detailing a clearing, grubbing, grading, and water drainage plan. Unless a development activity is exempt from the application of this section, a grading permit may not be issued unless a site plan has been approved by the planning commission as set forth in this section.

(b)

Unless otherwise stated, no person shall perform any clearing, excavation, or earthwork within the city without first submitting a site development plan detailing clearing, grubbing, grading, and water drainage and obtaining approval from the planning commission to commence work.

(1)

The site plan review is applicable, but is not limited, to the following activities:

a.

Excavating, cutting, clearing, filling, grading, draining, or paving lots, parcels, or other areas;

b.

Altering, rerouting, deepening, widening, obstructing, or changing in any way an existing drainage system or feature;

c.

Development for: residential, commercial, institutional, industrial, utility, or other activities;

d.

Commencing any other development or excavation which may: significantly increase or decrease the rate and/or quantity of surface water runoff; degrade the quality of water; or adversely affect any sinkhole, watercourse, or water body.

(2)

Developers and/or property owners shall use appropriate erosion and sedimentation control measures to ensure that erosion, or adverse conditions caused by erosion or sedimentation, is eliminated or held to an acceptable minimum and does not cross to an adjoining property, right-of-way, or stream.

(c)

A site development application shall include a site sketch and site plan. The planning commission may require the submission of additional plans and studies prior to issuing a grading permit.

(1)

A site development application shall contain the name and address and signature of the applicant, and all persons or legal entities whose ownership interest in the property equals or exceeds five percent.

(2)

The site sketch shall contain in addition to such basic information as owner name and address, date and parcel number the following:

a.

The actual shape, location, and dimension of the lot to be built upon;

b.

The shape, size, and location of all existing and proposed buildings or other structures;

c.

The location and approximate dimension of all points of access to a public street or road;

d.

The location of all driveways and entrances; and

e.

Locations of areas subject to flooding, if applicable.

(3)

The site plan shall contain, at a minimum, the following items or information, as applicable:

a.

Total land area;

b.

Existing and proposed topography of existing land and impervious areas shown;

c.

Elevations of all existing and proposed streets, alleys, utilities, sanitary and stormwater sewers, and existing buildings and structures;

d.

All existing and proposed impervious area;

e.

Natural or artificial watercourses;

f.

Limits of floodplains, if applicable;

g.

All existing and proposed slopes, terraces, or retaining walls;

h.

All existing and proposed stormwater drainage structures or features;

i.

All stormwater structures/features immediately upstream and downstream of the site;

j.

Erosion and siltation controls plans;

k.

Drainage calculations when required; and

l.

Drainage easement when required.

(4)

If site, drainage, grading, and erosion plans for the purpose of obtaining a grading permit are required, they shall be submitted to the planning commission. They are to be submitted not less than ten days prior to the intended date to begin site development. The issuance of all other permits is based upon approval of submitted plans. The grading permit is valid for a period of one year from the date of issue. Extensions will be considered based on circumstances.

(5)

The applicant shall certify that all development activity shall be conducted in strict compliance with the approved site plan.

(6)

An applicant shall pay a site development plan application fee. The application fee is intended to assist the City of Leesville in recovering some of the expenses associated with the permitting process. These costs consist primarily of administration, inspection, and enforcement activities and shall be approved and set by the city council. The fee schedule for grading permits is as follows:

Areas less than or equal to one acre .....$50.00

Areas greater than one acre, per additional acre .....15.00

(7)

All utility or city right-of-way improvements shall be reviewed by the city administrator or designee; must adhere to the requirements of this section 74-4(a)—(c); and must deposit a bond with the municipality, guaranteeing that all damage will be rectified within a reasonable time, the amount of the bond fixed by this section shall be $5,000.00, and the bond required by this section shall be made payable to the mayor of the City of Leesville, Louisiana and endorsed by good and solvent surety. The bond required by this section shall remain in force and effect until the proper municipal inspector has approved the repairs made to the public right-of-way, damaged street, or sidewalk.

(d)

The following described activities shall not require a grading permit in order to perform clearing, excavation, or related earthwork:

(1)

If a building permit is obtained, no grading permit is required;

(2)

Utility or public works improvements;

(3)

Excavation in connection with a building, swimming pool, retaining wall, or other structure authorized by a valid building permit;

(4)

Any emergency activity that is immediately necessary for the protection of life, property, or natural resources;

(5)

Septic repair and/or alteration;

(6)

Cemetery graves;

(7)

Temporary stockpiling or storing of materials provided that such operations do not affect adjacent properties and all drainage and erosion control requirements;

(8)

Accepted agricultural practices such as plowing, cultivation, construction of agricultural structures, nursery operations, tree cutting, logging operations leaving the stump and root mat intact, and cultivated sod operation;

(9)

Minor landscaping and sprinkler installation. The grading permit exceptions listed above do not relieve the owner, developer, contractor, or other legal representative of the responsibility of installing and properly maintaining the proper erosion/sedimentation control measures or other liability resulting from such activities.

(e)

An application required by this section shall undergo the following review procedure:

(1)

After submission of a proposed site development plan, the planning commission shall send notice that a development plan has been filed along with a summary of the plan to the owners of all adjacent properties.

(2)

The planning commission shall review the plan to determine compliance with the requirements of this section.

(3)

If a site development plan is not approved or denied within 30 days after the submission of a completed plan, it shall be deemed as a denial.

(4)

A site plan may not be considered approved until the planning commission approves the plan in writing.

(5)

No development activity for which a site plan is required may begin until such a plan has been approved.

(6)

Compliance with the approved site development plan shall be a condition of the city grading permit for the development activity.

(7)

In granting an approval for a site development plan, the planning commission may impose such conditions as the planning commission deems necessary to ensure compliance with the plan and the provisions of this section.

(f)

The planning commission may require the owner(s) of the property on which the grading is proposed to occur to provide security, as a condition of the issuance of a grading permit for any grading involving property that is three or more acres. Where unusual conditions or special hazards exist, the planning commission may require security for grading involving less than three acres. The purpose of the security shall be to guarantee the land owner's obligation to mitigate any hazardous conditions, including flooding and geological hazards, that may be created if the grading is not completed in accordance with the approved plans and specifications, and to complete any work that the planning commission determines is necessary to bring the property into compliance.

(g)

The owner of the property upon which development activity occurs, all successors to the owner's interest to the property and any other person or agent in control of the property, shall maintain in good condition and promptly repair and restore all grade surfaces, structures, drains, and other elements as required under an approved site development plan.

(1)

The repairs, restorations and/or maintenance shall be in accordance with an approved site plan and maintenance schedule. The obligation to repair, restore and maintain shall run with the land unless released by the city.

(h)

Any person may file a written request for a variance from the requirements of this section. The request shall be filed with the planning commission, which shall include all facts warranting the variance and descriptions, drawings, and any other information that is necessary to evaluate the request.

(1)

Within ten days of receipt of a variance, the planning commission shall schedule a public hearing.

(2)

The planning commission shall provide written notice of the hearing to the applicant and owners of all adjacent properties at least ten days prior to the hearing which shall include the nature of the variance, and the date, time, and place of the hearing.

(3)

At the hearing, any party may appear in person or by agent or attorney.

(4)

The planning commission may grant a variance from any requirement of this section if the commission finds that:

a.

There are engineering difficulties such that strict adherence to the requirements of this section would result in undue hardship to the applicant;

b.

The proposed variance would not be detrimental to any adjoining or nearby property, or any public right-of-way; and

c.

The proposed variance would, as nearly as practical, accomplish the intent and purpose of the requirements of this section.

(5)

The planning commission shall issue a written decision effective on the date of issuance.

(i)

An inspection shall be conducted after the completion of work in the following manner:

(1)

The applicant shall notify the planning commission when the project is completed so that the planning commission or its designee may conduct a final inspection.

(2)

Written inspection reports shall be made by the planning commission of the periodic inspections during construction of site development systems to ensure compliance with the approved site development plan. Written inspection reports shall include:

a.

The date and location of the inspection;

b.

Whether construction was in compliance with the approved site development plan;

c.

Any variations from the approved construction specifications; and

d.

Any violations that exist.

(3)

The applicant shall be notified in writing if violations are observed. The written notification shall describe the nature of the violation and the required corrective action.

(j)

If property is used, altered, or maintained in violation of this section, the City of Leesville may cause to be instituted any appropriate action or proceedings to prevent such unlawful construction or alteration or use of or other violations, to restrain, to enjoin, to correct or to prevent any such illegal act, conduct or use in or about such premises. In addition to the civil remedies, any person violating any provision this section shall be guilty of a misdemeanor, and upon conviction shall be fined an amount not to exceed $200.00 or be imprisoned for not more than 30 days or both for each offense. Each day such violation continues shall constitute a separate offense. Any person violating any of the provisions of this section shall become liable to the city for any expense, loss, or damage incurred by the city by reason of such violation.

(Ord. 49/12, 12-10-12; Ord. No. 43/13, 12-23-13; Ord. No. 15/19, 10-28-19)

Editor's note— Ord. No. 49/12, adopted Dec. 10, 2012, did not specify manner of inclusion; hence, codification as § 74-4 was at the discretion of the editor.