This document in its entirety, to be codified as Appendix A of Code of Ordinances of the City of Mandeville, and including Divisions I, II and III hereof shall be known as the "Comprehensive Land Use Regulation Ordinance of the City of Mandeville, Louisiana". It may be referred to in short titles as the "Land Use Regulations", or the "CLURO".

The City Council may, from time to time, amend, supplement, or change the provisions of these regulations or the boundaries of the Official Zoning Map as established by these regulations. Such amendments may be initiated and effected according to the manner prescribed in Article 4 under Procedures for Zoning Amendments and Amendments to the Land Use Regulations.

The following definitions are presented to clarify the meaning of terms as they apply to specific sections of the Land Use Regulations. Unless specifically defined below, words or phrases shall be interpreted to give them the meaning they have in common usage and to give these regulations the most reasonable application. Words in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "structure" shall include, unless the context clearly indicates otherwise, the word "building"; and, the word "shall" is mandatory and not discretionary.

Any word, term or phrase defined herein shall reflect the context in which the word, term or phrase is used. All terms not specifically defined shall carry their usual and customary meanings. Terms indigenous to a trade, industry or profession shall be defined when used in such context in accordance with their usual and customary understanding in the trade, industry or profession to which they apply.

1.

Abandonment. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. The date of disconnection of any permanent utilities shall be sufficient to commence the period of abandonment and be interpreted as intent to discontinue a use.

2.

Abutting. To touch along a common border such as "adjoining" lots.

3.

Accessory Structure. A building, attached to or detached from the principal building, the use of which (a) is clearly incidental to and customarily found in connection with a principal building or use; (b) is subordinate to and serves a principal building or principal use; (c) is subordinate in area, extent, or purpose to the principal building or principal use served; (d) contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and, (e) is located on the same lot as the principal building or use served.

4.

Addition. Any construction which increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.

5.

Administrative Permit. Any development application that may be approved by City Staff as provided in this CLURO.

6.

Agent of Owner. Any person showing written verification that he is acting for, and with the knowledge and consent of a property owner.

7.

All-Weather Materials. Materials that consist of gravel, limestone, or other loose aggregate.

8.

Alley. Any public way set aside for public travel, which provides a secondary means of access to property abutting thereon.

9.

Alteration, Structural. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, or any substantial change to the roof or exterior walls; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

10.

Antenna (see also Satellite Dish Antenna). Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

11.

Applicant. The record owner(s) of land proposed to be rezoned or subdivided or otherwise acted upon by the City or the owner's authorized representative with confirmed written consent of the owner.

12.

Area of Periodic Inundation. All land areas that are determined to be below the 5' Mean Sea Level (MSL) contour, or lands determined to be jurisdictional wetlands by the U.S. Army Corps of Engineers pursuant to the Clean Water Act.

13.

As-built Drawings. Construction drawings which have been noted or amended to show all changes during the construction process. (Sometimes referred to as record drawings).

14.

Assembly Area. The area of a facility used to assemble members or users of the facility in a group including church sanctuaries, bingo halls, and dance or reception halls.

15.

Attached. Having one or more walls common with a principal building, or joined to a principal building by a covered porch, loggia or passageway, the roof of which is a part or extension of a principal building.

16.

Bicycle Path. A right-of-way set aside from vehicular traffic for travel by bicycle.

17.

Block. A tract of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.

18.

Block Length. The distance between intersections of through streets, such distance being measured parallel to the longest street bounding the block and from right-of-way to right-of-way line of the two intersecting streets.

19.

Board or Commission. The Zoning Board of the City of Mandeville also referred to as the Zoning Commission, which consists of the members of the Zoning Commission acting in their capacity as the Board of Adjustments and Appeals under the authority of Louisiana R.S. 33:4727.1 and Ord. 85-34 of the City of Mandeville.

20.

Boat Slip. That area of wet storage bounded by four (4) tie pilings, including one-half the adjacent catwalk or pier.

21.

Bond. Any form of security including a cash deposit, surety bond, letter of credit, collateral or property in an amount and form suitable to the City Council. Any surety bond offered to satisfy any requirement imposed by these regulations shall be issued by a surety company or bond issuer licensed to do business in this state which has attained a rating of B+ or better in the then latest publication by the A. M. Best Company. The Bond shall also be countersigned by a person who is contracted with the surety company or bond issuer as an agent of that company or issuer and who is licensed as an insurance agent in this state and resides in this state.

22.

Boulevard. A double street or roadway separated by a median or neutral ground.

23.

Buffer Zone. A strip of land identified on a site plan and required by this ordinance to protect one type of land use from another land use that is incompatible.

24.

Buildable Area. The area of a lot remaining to be used for the construction of a principal structure bounded by the minimum required front, rear and side yards, landscape, buffer and open space areas, and excluding any servitudes or easements and any areas subject to periodic inundation as defined.

25.

Building. Any structure designed or built or used for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind. The definition of the word "building" includes the word "structure", but any use of the term "building" shall not include the term "mobile building" unless specifically provided in the context of the discussion of the word "building."

26.

Building Height. See Height of Structure.

27.

Building, Principal. A non-accessory building in which the primary use of the site is conducted. In residential districts a dwelling shall be deemed to be the principal building.

28.

Building Setback Line or Setback. That line which is the required minimum distance from the lot line at the street right-of-way line or any other lot line that establishes the buildable area within which the principal structure must be erected or placed.

29.

Capital Improvements Program. A prioritized schedule of capital improvement projects and cost estimates and the anticipated means of financing each project.

30.

Central Sewerage System. A city-wide sewer system, including collection and treatment facilities, with the capability to serve outlying areas.

31.

Cellular Transmission and Relay Equipment (see also Satellite Dish Antenna). Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of telecommunication signals external to or attached to the exterior of any building or other structures.

32.

Central Water System. A city-wide distribution system for potable water, including storage and distribution facilities, with the capability to serve outlying areas.

33.

Chain Wall. An above-grade retainer for fill complying with applicable building codes.

34.

Change of Use. The replacement of an existing use by a new use, or a change in the nature of an existing use to a different specific use classification, as defined by these regulations, but not including a change of ownership, tenancy, name, or management, or change in product or service within the same specific use classification where the previous nature of the use, line of business or other function is substantially unchanged.

35.

City Engineer. A registered professional engineer on staff or a consulting engineering firm under contract to the City.

36.

Classification of Streets. Ranking the street network by type of service, including local, collector and arterial streets (see specific definitions under each heading).

37.

Clerk of Court. The St. Tammany Parish Clerk of Court.

38.

Cluster Development. A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas yet does not exceed the allowable density for the district in which it is located.

39.

Commercial Enterprise. A business requiring an occupational license.

40.

Commercial Unit. An individual structure or portion of a structure designed to:

a.

House a single business entity, which the public may access through an independent entrance from the outdoors; or

b.

House multiple business entities deriving access from a common set of external doors, which includes malls and large retail stores.

41.

Commission. The Planning Commission or Zoning Commission of Mandeville, Louisiana.

42.

Communication Tower. A tower, pole, or similar structure that supports a telecommunications antenna operated for commercial purpose above ground in a fixed location, freestanding, guyed, or on a building or other structures.

43.

Compatibility/Compatible. A condition in which land uses or conditions can coexist in a relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. Compatibility does not require homogeneity, but does consider the relative scale, design and intensity of nearby structures, uses and activities.

44.

Comprehensive Land Use Plan or Comprehensive Plan. The text, maps, charts and other descriptive material that is part of the comprehensive plan for the city, including the master streets plan and future land use plan and any subsequent supplemental plans adopted by the Planning Commission as part of the Comprehensive Land Use Plan.

45.

Conceptual Plan. A set of plans sufficient to fully illustrate the proposed development concept, drawn to scale and sufficiently dimensioned to define the proposed setbacks and location of proposed and existing structures, sizes of parking and other use areas, sizes of landscaped and open space areas by identifying and describing all proposed uses on the site and providing the proposed ratios of land to site coverage and density, parking for proposed uses, and supported with the necessary details, illustrative elevations of buildings, cross sections and planting concepts.

46.

Condominium. An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building, such as a residential apartment or retail unit. A condominium may include, in addition, a separate or limited common interest in other portions of such real property.

47.

Construction Plans. A set of plans signed and sealed by a licensed architect or engineer fully documenting all aspects of the proposed construction including but not limited to site plans, foundations plans, pavement and drainage plans, building elevations, utility plans, electrical, mechanical and plumbing plans and accompanied by all details and written specifications needed to fully describe the proposed construction. When accompanying a subdivision plat, such construction plans shall be scaled by a licensed engineer and shall show the specific location and design of all improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.

48.

Contiguous. See Abutting.

49.

Corner Lot. See Lot, Corner.

50.

Council. The City Council of the City of Mandeville.

51.

Criteria. Adopted standards to measure the quality of components of land development and their compliance with the requirements of this CLURO.

52.

Crosswalk. A designated pedestrian path permitting access across street rights-of-way to or through blocks or squares separated by streets.

53.

Cul-de-sac. See Street, Cul-de-sac.

54.

DBH. See Diameter Breast Height.

55.

Dead End. A street that does not continue to connect with another perpendicular street at its end or continue into the next subdivision or development.

56.

Detached. Fully separated from any other building, or joined to another building by structural members not constituting an enclosed or covered space.

57.

Developed Lot. Any lot or parcel of land upon which a structure as defined herein has been constructed whether or not such structure is presently habitable or in use; any lot or parcel of land which serves as a yard for such a structure; or, any lot or parcel of land which has been wholly or partially cleared of its naturally growing vegetation or which is the subject of a building or clearing permit issued by the City of Mandeville.

58.

Developer. The legal or beneficial owner or owners of a parcel of land including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land with the intent of preparing the land for or achieving the result of the development of said parcel of land.

59.

Development. Any man-made change to improved or unimproved land including but not limited to the use of land or buildings, modification or construction of buildings or other structures or the mining, dredging, filling, grading, paving, excavation of or performance of drilling operations on the land.

60.

Development Criteria. A set of criteria for site development applied in the review of requests for administrative permits, Special Use Permits and conditional use applications and in other cases as specified in these regulations or determined by the Zoning Commission or City Council.

61.

Development Site. A contiguous tract or parcel of land, subdivided lot or contiguous lots or parts thereof in the same or multiple ownership intended and suitable for development which is treated as one cohesive development site devoted to a unity of use in a permitting, subdivision or plan review procedure. A site shall not extend across a public street or right-of-way except in the case of a subdivision application in which the development site includes all the land within the boundaries of the proposed subdivision plat and may also include proposed roadways.

62.

Diameter Breast Height. A term used in measuring the size of a tree which refers to the diameter of the tree trunk at four (4) feet from ground level which is approximately breast height, and is abbreviated as "dbh".

63.

Dock. A place for mooring which accommodates a craft lying alongside a wharf, pier or bulkhead having the benefit of only single side ties to piling or dock cleats.

64.

Donation Receptacles. A box, building or structure for the collection of food, clothes or other items for the express purpose of distributing these items, or proceeds from the sale of these items, to the poor, needy or disadvantaged.

65.

Drainage Ditch. A man-made drainage facility, preferably with an engineered cross-section, to conduct the flow of stormwater.

66.

Drainage Plan. See Storm Drainage Report.

67.

Drainage, Subsurface. An underground system of inlets, closed conduits and other structures designed to collect and convey stormwater runoff through or to an area.

68.

Drainage System, Storm. A system of inlets, closed conduits, open channels and other structures that are designed to collect and convey stormwater runoff from, through or to an area.

69.

Drainageway. Any natural or man-made watercourse, trench or swale or similar depression into which surface water flows.

70.

Driveway. That space specifically designated and reserved on a site for the movement of vehicles from one site to another, or from a site to a public street.

71.

Dwelling Unit. One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with sleeping facilities, a separate toilet and a single facility for cooking for the exclusive use of the occupying family. Principal dwelling unit excludes a single dwelling unit that is accessory to the principal dwelling unit as defined herein.

72.

Easement. See Servitude.

73.

Elevation, Building. The horizontal view of a building as depicted in a set of construction plans.

74.

Elevation, Finish Floor. See Finish Floor.

75.

Elevation, Grade. The height of a surface relative to a fixed height such as Mean Sea Level (MSL).

76.

Enclosed. A roofed or covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than 100 square feet fully surrounded by a building or walls exceeding eight feet in height.

77.

Exception. A deviation from a standard established in the CLURO specifically enabled by the CLURO (see Section 4.3.5).

78.

Engineer. A professional engineer registered in the State of Louisiana, or a professional engineer in the employ of a state or federal agency acting in the area of his registered specialty or area of expertise.

79.

Escrow. A deposit of cash in lieu of an amount due for improvements and still in force on a performance or maintenance bond.

80.

Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separation at major intersections.

81.

Fair Market Value. The value of property based on the latest assessment of the Parish Assessor, or by a subsequent appraisal prepared by a qualified appraiser.

82.

Family. One (1) or more persons related by blood or marriage, a group of not more than four (4) persons living together by joint agreement, or a group home for handicapped occupying a premises and living as a single housekeeping unit with a single culinary facility, on a non-profit cost-sharing basis.

83.

Fence. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

84.

Finish Floor Elevation. The elevation, based on Mean Sea Level (MSL), of the surface of the lowest floor of a structure.

85.

Fill. Any material made up of earthen matter, soil, or rock which could change the topography or raise the level of the existing ground by deposition, excavation, or grading on site.

86.

Fixed Seat. A seat permanently affixed to a floor or bleachers structure. Two feet of permanently affixed bench shall be considered a fixed seat.

87.

Floodplain. Any area subject to being inundated from any source and particularly any area subject to periodic inundation adjacent to a natural drainageway.

88.

Floodway. The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge flood water or flood flow on any natural stream or river.

89.

Floor Area, Gross. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term gross floor area shall include: basements; elevator shafts; stairwells at each story; floor space used for mechanical equipment with structural head room of six feet, six inches (6'6") or more; penthouses; attic space, whether or not a floor has actually been laid, providing structural headroom of six feet, six inches (6'6") or more; interior balconies; and mezzanines.

90.

Footing or Grade Beam. A beam at or near grade that supports structure.

91.

Frontage. That portion of a lot abutting on a street right-of-way measured along the property line of the public right-of-way and the private property.

92.

Future Land Use Plan. A land use plan adopted by the Planning Commission which illustrates the community's goals for 32 future land use and which is intended to serve as the basis for the creation of zoning districts.

93.

Garage, Private. An accessory building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

94.

Grade. The degree of rise or descent of a sloping surface, which can be expressed as a ratio of horizontal run to vertical rise (e.g., a 3:1 slope rises 1 foot for every 3 feet of horizontal run).

95.

Grade, Average. The mean of the highest and lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and line drawn parallel to the front property line, five (5) feet from the building. The mean of the finished ground level at the center of all walls of a building drawn parallel to the front property line. In case walls are parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk.

96.

Grade Beam or Footing. A beam at or near grade that supports structure.

97.

Grade, Existing. The natural elevation of land prior to any man-made changes or prior to a proposed change in grade.

98.

Grade, Finished. The final grade of streets, drives, lawns or paved areas, etc., when all site development is complete, designated with contours and spot elevations.

99.

Grade, Proposed. The elevation of the ground surface proposed in conjunction with any development activity on the site.

100.

Gross Leasable Area. The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

101.

Gross Site Area. An area defined as the total site area including required yard setbacks, easements, floodplains, waterways, ponds and any other area set aside for preservation.

102.

Guest House. An accessory building containing a lodging unit without kitchen facilities, and used to house occasional visitors or non-paying guests of the occupants of a dwelling unit on the same site.

103.

Hazardous Substances. Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

104.

Health Department and Health Officer. The Louisiana Department of Health and Hospitals and its Department Head.

105.

Height of Structure. Subject to the provisions of section 8.1.1., buildings and structures shall not exceed the maximum heights established in the applicable zoning district regulations. The height of a building is the vertical distance measured from the highest points of the street in front of the building or structure to:

a.

For Pitched Roofs: The midpoint between the highest ridge and the lowest eave in the same roof plane as the highest ridge. For purposes of this provision, if more than one story is located between the highest ridge and the lowest eave, height shall be measure at midpoint between the top plate of the highest story, or ceiling if there is no top plate, and of the highest ridge.

b.

For Mansard Roofs: The deck line, which is the line of where the pitch changes above any windows or openings.

c.

For Flat or Gambrel Roofs: The highest point of the coping.

d.

For Roofs with Parapets: The highest point of the parapet.

106.

Highway, Limited Access. See Limited Access Highway.

107.

Height of Tower. The distance from the crown of the nearest street elevation to the top of the structure of any attached cellular transmission or relay equipment.

108.

Home Occupation. See Article 6, Definitions, for Home Occupation definition.

109.

Homeowners' Association. A private, nonprofit corporation, partnership, unincorporated association or other entity comprised of homeowners for the purpose of owning, operating, and maintaining various common properties or organized for the pursuit of common goals.

110.

Illustrative Site Plan. See Conceptual Site Plan.

111.

Impervious Cover. Impervious coverage of a site shall include the total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways. Pools of water including but not limited to swimming pools, reflecting ponds and fountains are excluded from this calculation.

112.

Impervious Surfaces. Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces shall include graveled driveways and parking areas.

113.

Improvements. See Lot Improvements, Public Improvements or Temporary Improvements.

114.

Joint Ownership. Common and undivided ownership of a single item of property by two or more persons. For the purposes of enforcement of these regulations, but specifically not for land use related applications, any one of the joint owners of property may be treated as the sole owner of the jointly owned property.

115.

Junk.

a.

Old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, and parts thereof.

b.

Used machinery, scrap, iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, plastic, cordage, or other waste that has been abandoned from its original use but may be used again in its present or in a new form.

116.

Landscaped Area. An area that is devoted to and consists of plant material, including but not limited to grass, trees, shrubs, flowers, vines and other groundcover, native plant materials, planters, brick, stone, natural forms, water forms, aggregate and other landscape features, but not including the use of smooth concrete or asphalt; provided, however, that the use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of organic plant material.

117.

Land Use Plan. A plan showing the existing and proposed location, extent and intensity (density) of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational and other public and private purposes or combination of purposes.

118.

Lease. A contract by which one party gives to another the enjoyment of a thing for a fixed or determinable term at a fixed or determinable price.

119.

Letter of Credit. An engagement by a bank or other person made at the request of a customer and of a kind that the issuer will honor drafts or other demands for payment upon compliance with the conditions specified in the credit. All letters of credit shall be satisfactory to the City Council and shall be approved by the City Attorney whenever a letter of credit is submitted in accordance with these regulations. Any letter of credit submitted in accordance with these regulations that is issued by a bank shall be issued by a bank doing business in this state that is chartered under the banking laws of the United States of America or the banking laws of the State of Louisiana. A letter of credit submitted in accordance with these regulations must be irrevocable and shall state clearly that it is irrevocable. The engagement may be either an agreement to honor or a statement that the bank or other person is authorized to honor.

120.

Limited Access Highway. A main arterial street providing a trafficway for traffic passing through the area in respect to which owners or occupants of abutting property have no legal right to direct access to or from the same, except at such points and in such a manner as may be determined by the public authority with jurisdiction over the roadway.

121.

Lot. A parcel of land legally platted and recorded or otherwise required to be treated as one development site and having its principal frontage on an officially approved street right-of-way.

122.

Lot Area. The net horizontal area within bounding lot lines, but excluding any portion of a flag (panhandle) lot providing access to a street and excluding any public or private easement or right-of-way providing access to another lot.

123.

Lot, Corner. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

124.

Lot, Coverage. The area of a lot covered by buildings or roofed areas, but excluding incidental projecting eaves, balconies, and similar features and excluding ground level, landscaping, and open recreational facilities.

125.

Lot Depth. The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth should be measured by drawing lines from the front to rear lot lines, at right angles to the front lot line, every ten (10) feet and averaging the mean length of these lines.

126.

Lot, Double Frontage (or "through lot"). A lot which fronts on two parallel streets, or which fronts upon two streets that do not intersect along the boundaries of the lot.

127.

Lot, Flag. A lot having access to a street by means of a private driveway, access easement, or parcel of land not meeting the requirements of this Land Use Regulations ordinance for lot width, but having a dimension of at least fifteen (15) feet at its narrowest point.

128.

Lot Improvements. Any building, structure, paving, grading, connection to utilities or other development of the land constituting physical or economic betterment of real property.

129.

Lot, Interior. A lot abutting adjacent lots on at least two sides and other than a corner lot.

130.

Lot Line. A line or series of connected line segments bounding a lot as herein defined.

131.

Lot Line, Front. On an interior lot, the lot line abutting the street. On a corner lot, the shorter lot line abutting a street or the line designated as the front lot line by subdivision or parcel map. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag (panhandle) lot, the interior lot line designated as a front lot line by a subdivision or parcel map, or the line determined by the Building Inspector to be the front lot line.

132.

Lot Line, Interior. A lot line not abutting a street right-of-way and common between two or more lots.

133.

Lot Line, Rear. The lot line opposite and most distant from the front lot line. In the case of a triangular or irregularly shaped lot, a line ten (10) feet long lying entirely within the lot, parallel to and at a maximum distance from the front lot line.

134.

Lot Line, Side. A lot line intersecting the front lot line and extending therefrom a minimum distance within the lot of 75 feet.

135.

Lot Line, Zero. A common lot line on which a wall of a structure may be constructed.

136.

Lot of Record. A lot which is a part of an approved subdivision, the plat or survey which has been recorded in the office of the parish Clerk of Court; or a parcel of land which became legally established and defined by deed or act of sale on or before May 3, 1964.

137.

Lot, Reverse Frontage. A double frontage or through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts.

138.

Lot, Reverse Corner. A corner lot, having a side lot line which is substantially a continuation of the front line of a lot to its rear.

139.

Lot Width. The horizontal distance between the side property lines of a lot measured at right angles to the depth along a straight line parallel to the front lot line at the minimum required front setback line.

140.

Manufactured Modular Building and Manufactured Housing. A structure transportable in one or more sections, which is designed for use only with a permanent foundation and which uses standard sheathing, roofing, siding, and electrical, plumbing, and heating systems which comply with the City's adopted building codes.

141.

Master Development Plan. A plan of the proposed phases of a major subdivision.

142.

Mobile Building. A movable or portable building which is constructed on a chassis, and/or which is designed to be towed over Louisiana roads and highways under special permit, designed for year-round occupancy, and designed primarily to be used without a permanent foundation, but which may sit on a permanent foundation, and designed to be connected to utilities. It may consist of one or more sections that can be telescoped when transported and expanded later for additional capacity, or of two or more sections, separately transportable, but designed to be joined together into one integral unit. Building onto or around a mobile home will not change its identification as a mobile home. The following shall not be included in this definition:

a.

Travel trailers, pickup coaches, motor homes, camping trailers or other recreational vehicles.

b.

Manufactured modular building as defined.

143.

Mobile Home. A mobile building designed for use as a residential dwelling.

144.

Mobile Home Park. A unified development of 20 or more mobile home spaces for rent or lease which includes common areas and facilities for management, recreation, laundry and utility services, storage, and similar services for the convenience of residents of the mobile home park.

145.

Model Home. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in a subdivision.

146.

MSL. Mean sea level as currently defined by NOAA measured using NAVD88 base datum.

147.

Municipal Utility. A utility service that is provided by the municipality.

148.

Music. Vocal, instrumental, or mechanical sounds having rhythm, melody or harmony.

149.

Music—Live. Music performed by individual(s).

150.

Natural Drainage Pattern. The conveyance of surface water across the ground prior to development.

151.

Natural Grade. The undisturbed elevation of a property before any fill or excavation operations or where the undisturbed ground level cannot be determined the grade shown on a preliminary plat approved prior to May 1, 2015. If buildings are demolished, the existing grade at their exterior walls shall be construed as the existing grade across the remaining foundation excavation for reconstruction within two (2) years of demolition. On any lot exhibiting evidence of fill, the Building Official or Director may require the applicant to provide a professional soil analysis to determine the existing grade. An approved benchmark shall be used to establish the relative elevation of the natural topography.

152.

Natural Water Course. A river, stream or bayou shown on the current USGS quadrangle map or survey or map recorded with the parish Clerk of Court in which water flows in a definite direction, either continuously or intermittently, having a definite channel and including its floodplains.

153.

Natural Waterbody. An ocean, lake, lagoon, river, stream or bayou shown on the current USGS quadrangle map, or on a recorded survey or map.

154.

Non-Conforming Use. A use of any land, building or structure which does not conform with currently applicable use regulations for the district in which it is located, but which complied with use regulations in effect at the time the use was established; however, uses specified on Planned Development sites approved by ordinance shall not be deemed non-conforming uses when approved under the provisions of these Land Use Regulations or under any regulations previously in effect.

155.

Non-Complying Structure or Site. A building, structure or site area, including off-street parking or loading areas, and landscape areas which does not comply with currently applicable site development regulations for the district in which it is located, but which complied with applicable regulations at the time of construction; however, Planned Development sites approved by ordinance shall not be deemed non-complying when approved under these Land Use Regulations or under any regulations previously in effect.

156.

Non-Residential Subdivision. A subdivision whose intended and permitted use is other than residential, for example, commercial, industrial or institutional.

157.

Official Base Map. A map legally adopted by the City Council that shows the official name and location of all public streets in the City.

158.

Official Zoning Map. A map legally adopted by the City Council that conclusively shows the location of the official zoning districts in the City.

159.

Off Site. Beyond the boundaries of the site which is the subject of a specific plan of development or subdivision plat.

160.

Off-site Improvements. Improvements other than site-related improvements as defined herein beyond the boundaries of the site which is the subject of a specific development plan. However, in the case of a subdivision application the street and utility improvements installed by the developer in rights-of-way set aside for future dedication to the City as "public improvements" may also be referred to as "off-site" improvements in acknowledgment of their eventual public ownership beyond the boundaries of any of the individual lots being created as future development sites. (See Site-related Improvement)

161.

Off-street Parking Facility. An area on a lot or site or within a building, or both, which is elevated or below grade including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, and meeting the requirements established by these regulations. The term "parking facility" shall also include accessory parking lots, parking garages, and parking structures, elevated parking structures, and parking structures for accessory parking or parking spaces exceeding the requirements of these regulations.

162.

Open Space. An area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and water courses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.

163.

Open Space Contribution. Land used for recreation, resources protection, pedestrian or bicycle amenities, and/or buffers. In no event shall any area of a lot constituting the minimum lot area or a required yard setback, nor any part of an existing or future road or vehicular right-of-way be counted as constituting open space for purposes of open space contribution in conjunction with the subdivision or development of land.

164.

Open Space, Common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of and is owned in common by the owners of the units of the development in which the common open space is located for outdoor living, recreation, pedestrian access or landscaping but excluding parking, driveways, utility and service areas. Common Open Space may include commonly owned recreation associated structures.

165.

Open Space Lot. Any subdivided parcel of land set aside as a separate lot to be used for open space with pedestrian or bicycle amenities but without any buildings.

166.

Ordinance. A municipally adopted law or regulation.

167.

Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

168.

Parapet. The extension of a wall above the roof along the entire length of a facade. No parapet shall extend more than eight (8) feet above the lowest point of the roof over the building.

169.

Park. A tract of land designated for and used by the public for active and/or passive recreation.

170.

Parking Area. Any public or private land area not a part of a street right-of-way which is used for temporary parking of automobiles and other vehicles, including driveways and access ways. Also referred to as a vehicular use area.

171.

Parking Lot. An area within a building, or on a lot or site, or both, which is not elevated and which includes one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances and similar features and meets the requirements of these regulations.

172.

Parking Space. An impervious surface area accessible to vehicles and of sufficient size to meet the minimum requirements of these regulations. An area on a lot and/or within a building intended for the use of temporary parking of a personal vehicle. This term is used interchangeably with parking stall. Each parking space must have a means of access to a public street. Tandem parking stalls in single-family detached, single-family attached, and townhome residential uses shall be considered to have a means of access to a public street.

173.

Parking, Remote. Off-street parking at another location not on the development site for which its use is intended.

174.

Parkway. A public route intended to be used primarily by passenger vehicles which may have varying width or right-of-way and which right-of-way is or is intended to be developed with a park-like character.

175.

Performance Standards. A list of criteria to establish control of noise, odor, smoke, toxic or noxious matter, vibration, heat, glare or explosive potential generated by or inherent in the use of land or buildings.

176.

Permit. A written authorization to commence an activity allowed by city codes on a form approved by the appropriate city administrator, and signed by the person or persons having the jurisdiction over the approval or denial of the authorized activity.

177.

Personal Use Items. Those items sold to individuals for routine household use.

178.

Pervious Surfaces. Surface materials that allow for the infiltration of surface runoff into the earth and not otherwise classified herein as impervious surfaces.

179.

Plans, Conceptual. See Conceptual Plan.

180.

Plans, Construction. See Construction Plan

181.

Plans, Set of. All plans, elevations, details, and specifications to fully describe construction of a proposed development project.

182.

Plan, Site. A plan view or bird's eye view of site drawn to scale, dimensioned and providing all of the information required to fully describe the proposed construction showing the boundaries of the site and all of the buildings, structures and principal site development features, including parking, access, landscaping and screening, and the use(s) proposed.

183.

Planned Development. Land under unified control to be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. A Planned Development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A Planned Development is built according to general and detailed plans that include not only streets, utilities, lots and building location, but also site plans for all buildings as are intended to be located, constructed, used, and related to each other, and plans for other uses and improvements on the land as related to the buildings. A Planned Development includes a program for the provisions, operations, and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of the Planned Development District, but which will not be provided, operated, or maintained at general public expense.

184.

Planning Director, City Planner or Director. The city staff member appointed to assist the City Planning and Zoning Commission in planning and zoning matters or that person's designee.

185.

Plat. A survey of a tract of land showing the boundaries, dimensions and location of individual lots and streets, survey monuments, topographic data, easements, servitudes, rights-of-way, existing structures, proposed utilities and significant natural features. For purposes of these regulations the term plat is not to be construed as a site plan.

186.

Plat, Conceptual Sketch. A conceptual representation of a proposed subdivision survey preparatory to the preparation of the preliminary plat (or final plat in the case of minor subdivision) sufficient for a tentative subdivision/resubdivision application which may be drawn to scale in architectural freehand style to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission regarding the objectives of these regulations but accurately representing the size and proposed dimensions of lots and the extent of any public facilities that are proposed for dedication and which is accompanied by a site features map and conceptual drainage study. Also referred to herein as a "sketch plat".

187.

Plat, Final. A subdivision or resubdivision survey in substantial conformance with any preceding preliminary plat in accordance with the provisions of these regulations submitted to and approved by the Planning Commission to be signed by the required City officials placed on file with the Clerk of Court of the Parish.

188.

Plat, Preliminary. A subdivision survey plat preparatory to the preparation of a final plat, accompanied by engineering construction plans and specifications for the construction of any and all public and private improvements shown or required to be shown on the preliminary plat.

189.

Portable Building. A transportable accessory building other than a mobile building as defined with or without a permanent foundation.

190.

Practical. Shown in practice.

191.

Practicable. Capable of being put into practice.

192.

Previously Developed Site. See Developed Site.

193.

Private Street. A private vehicular accessway, not owned and maintained by a public agency, which affords the principal means of access to individual occupants or a residential or community development, including Planned Developments, or similar development areas or mobile home spaces or auxiliary buildings in a mobile home park.

194.

Private Utility. Any person, firm or corporation duly authorized and licensed by the appropriate public agencies to furnish electricity, gas, steam, telephone, telegraph or other utility service for a fee or other form of compensation. A utility not maintained or owned by the City.

195.

Professional Land Surveyor. A person qualified to accurately draft surveys and subdivision plats who is properly licensed and registered in the State of Louisiana.

196.

Property Owner. An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

197.

Public Improvements. Any capital improvement such as streets, public utilities, drainage ditches or structures, sidewalks, bicycle paths, landscaping or open space whether within publicly owned property or in a dedicated or prescribed servitude or right-of-way on privately owned land, dedicated or intended to be dedicated to the public, which the City currently maintains or will maintain after construction is satisfactorily completed and accepted by the Council.

198.

Public Land Use. A use of the land by a public not-for-profit entity.

199.

Queue Line. An area for temporary parking of motor vehicles in a line while awaiting service or other activity.

200.

Record Drawings. Construction drawings which have been noted or amended to show all changes made during the construction process. (Sometimes referred to as "as-built-drawings")

201.

Recreational Vehicle. A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle shall include but not be limited to the following: travel trailers, pickup truck campers, camping trailers and self-propelled motor homes, covered trucks and buses, and boats and boat trailers.

202.

Reservation. A legal obligation to keep property free from development for a stated period of time, but not involving any transfer of property rights.

203.

Resubdivision. The reconfiguration of lot lines within a previously platted and recorded subdivision.

204.

Right-of-way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The use of the term "right-of-way" for land-platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for street crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

205.

Runoff. The portion of rainfall, melted snow or irrigation water that flows across the ground surface and eventually returns to streams or water bodies.

206.

Sale. The non-gratuitous exchange of goods or ownership interest in real property.

207.

Same or Common Ownership. Ownership by the same individual, corporate entity or legally recognized association, ownership by more than one corporate entity in which a principal has an interest.

208.

Satellite Dish Antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

209.

Screening. A method of visually shielding or obscuring a land use by fencing, walls, berms or densely planted vegetation.

210.

Secondary Dwelling Unit. An additional dwelling unit located within the principal dwelling on the lot, in a freestanding building or above a residential garage.

211.

Servitude. The right granted by the property owner to use a parcel of land for specified purposes, such as public utilities, drainage and other public purposes, the title of which shall remain with the property owner, subject to the right of use designated in the reservation of the easement. Easement and servitude are the same and the term utility servitude shall mean a servitude for any utility including stormwater drainage.

212.

Site. See Development Site.

213.

Site Plan. See Plan, Site.

214.

Site-Related Improvements. Capital improvements and right-of-way dedications for direct access improvements to and/or within the development in question. Direct access improvements include but are not limited to the following:

a.

Access roads leading to the development;

b.

Driveways and roads within the development;

c.

Acceleration and deceleration lanes, and right and left turn lanes leading to those roads and driveways;

d.

Traffic control measures for those roads and driveways; and

e.

Extensions of utility lines and public drainage facilities to serve the development.

215.

Sketch, Plat. See Plat, Conceptual Sketch.

216.

Special Use Permit. A discretionary approval process for certain uses requiring review by the Zoning Commission due to the potential for a development's buildings, site improvements or uses to be incompatible with other buildings and uses allowed within the applicable district. Previously referred to as zoning permits.

217.

Specifications. A written statement containing a description or enumeration of particulars, as of the terms of a contract or details of construction or land development criteria not shown in architects or engineers drawings but essential to the communication of the architect or engineers intentions for the work.

218.

Standards. The minimum requirements established by these regulations or accepted industry standards as a rule for the measure of quality, particularly as it relates to the application of components of land development.

219.

Storm Drainage Report. A drainage plan and calculations as described in Article 13, Section 13.3.3.

220.

Story. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, the space between the floor and ceiling.

221.

Street, Boulevard. A street that is divided by a median or neutral ground.

222.

Street, Collector. Streets that provide access to abutting property and also serve to connect local streets with major arterial streets.

223.

Streets, Commercial or Industrial. Collector or arterial streets that serve commercial or industrial development.

224.

Streets, Cul-de-sac. A local street with only one outlet and having an appropriate termination based on adopted development standards for the safe reversal of traffic movement.

225.

Street, Local. A street intended to provide access to abutting properties and connecting to collector or major arterial streets.

226.

Street, Major Arterial. Major street in the city's major streets plan that serves traffic moving into, out of and through the city carrying high volumes of traffic.

227.

Street, Marginal Special Access. Minor streets which are parallel to or adjacent to arterial streets and highways; which provide access to abutting properties and protection from through traffic. The term is also referred to as a frontage street or road.

228.

Street, Private. See Private Street.

229.

Street, Public. A public thoroughfare which affords a primary means of vehicular access to abutting property, and including all land within the right-of-way thereof. The word "street" shall include the words, avenue, road, highway, and thoroughfare, or any other similar terms and include all land within the right-of-way of the street.

230.

Street, Service. An auxiliary street located parallel to a limited access highway for service to abutting properties and adjacent areas to control access and protect adjacent property from the impact of through traffic.

231.

Street, Standard. A street without a median or neutral ground.

232.

Structure. A combination of materials forming a construction which requires a permanent foundation on the ground and includes, among other things, buildings, stadiums, platforms, radio towers, sheds, storage bins, fences, freestanding signs, air-conditioning compressors, satellite receiving stations and antennas.

233.

Structural Alteration. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; or any substantial change to the roof or exterior walls provided, however, that the application of any exterior siding to a previous existing wall shall not constitute a structural alteration.

234.

Storage Unit, Temporary Portable. A temporary portable storage unit means any unit not less than six hundred (600) cubic feet is size, including, but not limited to, a trailer, box, or other shipping container, which is leased by a tenant primarily for use as storage space whether the unit is located at a facility owned by or operated by the owner or at another location designated by the tenant.

235.

Subdivider. Any person who has an interest in land and causes it to be divided into a subdivision or who intends to subdivide land in which there is an interest, or who engages an agent to offer a subdivided tract of land for sale or any person in direct or common control of property on which the above action is taken or contemplated.

236.

Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, or plots for the purpose whether immediate or future of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. Subdivision includes the division or development of residential and non-residential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. For the purpose of these Regulations, subdivision includes the dedication, vacation or reservation of any public or private road, highway, street, alley, servitude or easement through a tract of land regardless of the area involved. The word subdivision includes resubdivisions and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

237.

Subdivision/Resubdivision, Major. Any subdivision or resubdivision not classified as a minor subdivision/resubdivision which includes the construction or extension of either new public utilities, roadways or storm drainage improvements or changes in existing public utilities, roadways or storm drainage to serve the lots created by the subdivision/resubdivision.

238.

Subdivision/Resubdivision, Minor. Any subdivision or resubdivision which involves four or fewer lots and will not require either new public utilities, roadways or storm drainage improvements or changes in existing public utilities, roadways or storm drainage, will not adversely affect the remainder of the subdivision or adjoining property and which is not in conflict with any provision of the Comprehensive Land Use Plan, Official Zoning Map or Comprehensive Land Use Regulations.

239.

Subdivision Agent. A person who represents or acts for a subdivider or developer in selling, leasing or developing or making an offer of same in any site or plat in a subdivision, except an attorney retained as such, whose representation of another person consists solely of rendering legal service.

240.

Subdivision Plat. See definition of Plat.

241.

Subdivision Restrictions. See definition of Restrictive Covenants.

242.

Substandard Lot. A lot or tract of record by deed or plat that does not comply with minimum area, width, or depth requirements currently applicable to the district in which it is located, but which complied with applicable requirements when it became a lot of record.

243.

Surface, All-weather. Refers to a surface treatment other than concrete or asphalt surfacing such as shells or limestone gravel, that may be used to surface parking lots.

244.

Surface, Pervious. See Pervious Surface.

245.

Surveyor. See Professional Surveyor.

246.

Tainted Drywall. Drywall that has been found to include the presence of elemental sulfur and strontium.

247.

Temporary Improvement. Improvement built and maintained by a subdivider or developer during construction of a subdivision and prior to release of the performance bond.

248.

Telecommunications. As defined in the federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information for the user's choosing, without change in the form or content of the information as sent and received.

249.

Townhouse. A single-family attached dwelling forming part of a series of attached dwellings with property lines and the required fire walls separating each dwelling.

250.

Townhouse Sublot. A lot approved by the Planning Commission consisting of land fronting on an improved street or having access to an improved street by way of a commonly owned lot held in common ownership by the owners of the townhouse sublots which fronts on an improved street and land containing not less than the minimum required lot area for a single-family townhouse dwelling except when a portion of the required minimum lot area per unit has been set aside for commonly used and commonly owned open space and the overall density of the development site does not exceed the allowable density based on the minimum required lot area per dwelling for the zoning district in which the land is located.

251.

Tract. A parcel of land identified by metes and bounds the boundaries of which are not shown on a recorded subdivision development plat.

252.

Traditional Neighborhood. A compact, mixed use neighborhood where residential, commercial and civic buildings are within close proximity to each other.

253.

"U" Shaped Streets. Streets that form an access from a collector street that project perpendicularly from the local street at two points and have a straight tangent between these two projections.

254.

Utility, Public or Private. Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewerage collection, stormwater drainage or other similar service.

255.

Variance. A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure, or property, which, because of unusual or unique circumstances, is denied by the terms of the zoning code.

256.

Vehicular Use Area. See definition of Parking Lot.

257.

Vending Machine. An unattended device than dispenses food, drinks, candy, toys or novelties.

258.

Wetlands. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation or an area determined by the U.S. Army Corps of Engineers or any other wetlands jurisdictional agency to be a wetlands.

259.

Yard. The open space on a lot adjoining a lot line unobstructed by a principle structure from the ground upward, except for accessory buildings, swimming pools, parking and such uses as otherwise provided by these regulations.

260.

Yard, Front. An open space extending across the front of the lot between the side lot lines, and being the required minimum horizontal distance between the street and the nearest part of the principal building, including covered or uncovered porches. On corner lots, the front yard shall be provided facing the street upon which the lot has its lesser dimensions. In the case of a double frontage lot or through lot, the setback on the second frontage shall be consistent with the setbacks required on lots fronting on the same street as the second frontage.

261.

Yard, Perimeter. The open space between the perimeter property lines of a multi-family development site, including common open space and having or not having sublots for units within the development, and the wall of the structure or structures nearest to perimeter property lines.

262.

Yard, Rear. The open space extending across the rear of a lot between the side lot lines, and being the required minimum horizontal distance between the rear lot line and the nearest part of the principal building, including covered porches or raised decks exceeding three (3) feet in height from grade, but excluding any area located within the street side yard of a corner lot. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

263.

Yard Setback or Setback. The shortest distance between a front, side or rear property line and a structure.

264.

Yard, Side. The yard extending the depth of a lot from the front yard to the rear yard between the side lot line and the side setback line. In the case of a corner lot, the street side yard shall extend from the front yard to the rear lot line.

265.

Zoning District Map. See definition of Official Zoning Map.

266.

Zoning Permit. A discretionary approval process for site plans requiring review by the Zoning Commission due to the potential for a development's buildings, site improvements or uses to be incompatible with other buildings and uses allowed within the applicable district. Zoning permits are now referred to as special use permits in this CLURO.