4.1.1.   Zoning Affects Every Structure and Use.

No structure or land shall hereafter be used and no structure or part thereof shall be erected, reconstructed, converted, moved, or structurally altered unless in conformity with the regulations as set forth in this Ordinance, except in the case of legally non-conforming building sites as provided in this Article.

4.1.2.   Reduction in Lot Area.

No portion of the required area of a lot shall be used or considered as part of the required area for any other lot. No lot shall be reduced in area, width, or depth to less than the minimum requirements of this Ordinance.

4.1.3.   Required Yard Areas.

No part of a yard, parking space, or other open space required for any building or use for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard, parking space or open space required for another building under the provisions of this Ordinance.

4.1.4.   Change in Zoning District Boundary.

Whenever the boundaries of a district shall be changed to transfer an area from one district to another district of a different classification, the following provisions for non-conforming lots, buildings, uses and signs shall also apply to any new non-conforming situations existing after the district modification.

4.2.1.   General Non-Conforming Provisions.

4.2.1.1.Purpose of Non-Conforming Provisions.

The purposes of these provisions are:

1.

To assure reasonable opportunity for use of legally created lots that do not meet current minimum requirements for the district in which they are located, subject to the provisions for contiguous substandard lots in single ownership.

2.

To assure reasonable opportunity for use, maintenance and improvement of legally constructed buildings, structures and site development features that do not comply with current minimum requirements for the district in which they are located.

3.

To assure reasonable opportunity for continuation of legally established uses that do not conform to current use regulations for the district in which they are located.

4.

To limit continuation and expansion and encourage eventual replacement of nonconforming uses having potentially undesirable impacts on surrounding conforming uses.

4.2.1.2. Restrictions Additive.

The regulations applicable to a non-conforming use are in addition to regulations applicable to a non-complying structure and, in the event of any conflict, the most restrictive provision shall apply.

4.2.1.3.Construction Establishes Use.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment to this Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction; provided, that actual construction shall be diligently carried on until such building is completed.

4.2.1.4.Types of Non-Conforming Situations.

For purposes of these regulations non-conforming situations shall be grouped into four categories:

1.

Legally Non-Conforming Uses;

2.

Legally Non-Conforming Sites;

3.

Legally Non-Conforming Structures;

4.

Legally Non-Conforming Lots.

4.2.2.   Provisions for Legally Non-Conforming Uses.

4.2.2.1.Intent and Purpose.

1.

Intent. It is the intent of this Ordinance to permit legally non-conforming uses to continue, but not to encourage their survival. Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved.

2.

Purpose. The purpose of this section 4.2 et seq. is to establish regulations and limitations on the continued existence of uses established prior to the effective date of this section which do not conform to the provisions of Article 7 Table of Permitted Uses. Many such non-conformities may continue, but the provisions of this section are designated to curtail substantial investment in such non-conformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the zoning districts and the regulations established by this Ordinance.

4.2.2.2.Continuation and Termination of Legally Non-Conforming Uses.

1.

Continuation - An existing non-conforming use may be continued, and structures associated with the use may be maintained, provided no non-conforming use shall be enlarged or expanded in terms of floor space utilized or site area occupied nor may any legally non-conforming use be changed to another non-conforming use of a different specific use classification as defined under the provisions of Article 6. Enlargement or expansion shall include:

a.

Extension of such use to any structure or land area other than that occupied by such non-conforming use on the effective date of this Ordinance, or any amendment hereto which causes such use to become non-conforming; or

b.

Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such non-conforming use on the effective date of this Ordinance, or any amendment hereto which causes such use to become non-conforming.

c.

Attachments of signs to the building, placement of signs, or display material or goods or equipment on land outside of the building or the attachment of racks, balconies, or other projections from the building.

2.

Reestablishment. An existing non-conforming use may not be reestablished after the non-conforming use of the building or land has ceased for a continuous period of six (6) calendar months. If the lessee of any building or place used or occupied for non-conforming purposes under a bona fide lease shall at any time before the expiration of said lease cease to occupy or use said building or land, it shall not be considered vacant until the owner of said building or place shall again obtain legal control of its occupancy and use. This extension of the vacancy provision shall not apply if the lessor for any reason is legally entitled to regain possession and does not by legal or other effective means take prompt action to do so. Once changed to a conforming use, no building or use shall be permitted to revert to a non-conforming use. If a non-conforming use is changed to a conforming use, the non-conforming use shall not be resumed. However, the Zoning Commission may grant a one-time six (6) month extension to this period provided that the extension application is filed not later than six (6) weeks prior to the end of the initial six month period. Extension applications shall constitute a variance and be filed in accordance with the procedures for filing a variance as included herein.

3.

Damage or Destruction. Except as otherwise provided under the Provision of the Flood Damage Prevention Regulations of this Code, in the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than seventy-five (75%) percent of the fair market value of such structure then, except in otherwise provided herein, that structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which such structure and use are located. When such damage or destruction is seventy-five (75%) percent or less of the fair market value of the structure as it existed immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes as it was before the damage or destruction, provided that such repair or reconstruction is commenced and completed within twelve (12) months of the date of such damage or destruction.

4.

Basis for Value. For purposes of these regulations the Building Inspector will accept the assessed value of the improvements as the fair market value or the value as determined by the Zoning Commission on appeal of the Building Inspector's determination. In the event that the damaged structure that is devoted to a non-conforming use is more than fifty (50) years old, that structure can be restored at the owner's option, regardless of the extent of the damage sustained, without the loss of the nonconforming use status. Such restoration must reasonably resemble the original structure and must be commenced within twelve (12) months of the date of such damage or destruction.

5.

Relocation. No structure that is devoted in whole or in part to a non-conforming use shall be relocated in whole or in part to any other location on the same or any other lot, unless the entire structure and the use thereof shall hereafter conform to all the regulations of the zoning district in which such structure and use are located after being so relocated. No non-conforming use of land shall be relocated in whole or in part to any other location on the same or any other lot, unless such use shall thereafter conform to all the regulations of the zoning district in which such use of land is located after being so relocated.

6.

Change in Use. A non-conforming use of land or of a structure shall not be changed to any use other than a use permitted in the zoning district in which such land or structure is located. When such non-conforming use has been changed to a permitted use, it shall only be used thereafter for a use permitted in the zoning district in which it is located. For purposes of this section, a use shall be deemed to have been so changed when an existing non-conforming use shall have been terminated and the permitted use shall have commenced and continued for a period of seven (7) days.

7.

Non-Conforming Signs. Provisions regarding the continuation and termination of legally non-conforming signs are included under Article 10 of these regulations.

4.2.2.3.Criteria for the Repair of Legally Non-Conforming Uses.

1.

Ordinary Repair Maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a non-conforming use; provided, that this section shall not be deemed to authorize any violation of this section 4.2 et seq.

2.

Exception for Repairs by Public Order. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official. Repairs and alterations that restore a building to the same condition that existed prior to damage or deterioration, altering the building only in conformity with the provisions of this Ordinance in such a manner that does not extend or increase an existing nonconformity may be made with the same kind of materials as those of which the building is constructed.

4.2.3.   Provisions for Legally Non-Conforming Development Sites.

1.

Background. This Code has modified previous zoning requirements and established specific site development standards. Consequently, many development sites do not meet current requirements for such items as parking lot standards, landscaping, and other open space specifications.

2.

Purpose. The intent of this section is to insure that such non-conforming development sites are brought into conformance with the site development standards prescribed by this Ordinance.

3.

Authority to Continue. Any lawfully existing non-conforming development site may be continued so long as it remains otherwise lawful subject to the provisions of this section.

4.

Non-Conforming Shopping Centers. Non-conforming shopping centers shall have nine (9) years from the effective date of this Ordinance either to bring the site into conformance with the provisions of the Ordinance or have a non-conforming development site variance approved for the site. All owners of record of commercially zoned properties shall be notified by the Building Inspector by first class mail of this provision prior to the end of the nine (9) year period.

5.

Annexation of Non-Conforming Development Sites. As a condition of annexation approval, the City Council shall required the owner of the subject property to provide a plan for bringing the annexed development site into conformance with the provisions of these regulations. The plan shall provide a schedule that outlines a timetable for bringing the non-conforming site into maximum conformance to the provisions of this Ordinance within five (5) years of the date of annexation approval.

6.

Extension. A conforming use located on a non-conforming development site shall not be expanded until the site is brought into conformance with the provisions of this Ordinance. However, single-family residential structures that are located on a legally non-conforming site with respect to required yard areas or height may be structurally altered or enlarged providing the portion of the building that is altered or enlarged conforms with the provisions of this Ordinance.

7.

Relocations. No structure shall be relocated to a non-conforming development site until the site is brought into conformance with the provisions of this Ordinance.

8.

Change in Use. No existing structure located on a non-conforming development site shall be changed from one use classification to another use classification as listed in Article 6, until the site is brought into conformance with the provisions of this Ordinance or a non-conforming development site variance has been approved by the Zoning Commission.

9.

Abandonment or Discontinuance. When the use of a non-conforming development site has been abandoned for a period of six (6) months, regardless of any reservation of intent not to abandon use of the site, such site shall not thereafter be used, developed or improved until it is brought into conformance with the provisions of this Ordinance. However, the Zoning Commission may grant a one-time six (6) month extension period for the purpose of bringing the site into conformance with the provisions of these regulations. Extension applications shall be filed in accordance with the procedures for site plan review for Special Use Permits included herein. For purposes of this Ordinance, rental payments or lease payments and taxes shall not be considered as a continued use and the disconnection of utilities shall constitute a means of establishing the commencement of the abandonment of the use of the development site.

10.

Inability to Meet Current Site Development Standards. Practical difficulties may exist which prevent the upgrading of certain non-conforming development sites to the standards imposed by this Ordinance. Consequently, a variance procedure has been established in this Article 4 both to allow a viable economic use of an existing structure and ensure that the non-conforming development sites are brought into compliance with the requirements of these regulations to the maximum extent deemed feasible by the Zoning Commission.

11.

Exception for Repairs Pursuant to Public Order. Nothing in this section shall be deemed to prevent the strengthening or restoration to a safe condition of a building or structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders it to restoration to a safe condition, provided such restoration is not otherwise in violation of the various provisions of this section prohibiting the repair or restoration of partially damaged or destroyed buildings or structures.

4.2.4.   Provisions for Non-Conforming Structures/Buildings.

4.2.4.1.Continuation of Use of Non-Conforming Structures.

The use of a non-conforming structure may be continued and the structure may be enlarged, maintained, repaired or altered in accordance with the requirements of this Ordinance. Except as provided herein, no such enlargement, maintenance, repair or alteration shall either create an additional non-compliance or increase the degree of existing non-compliance of all or part of such structure. No building or structure shall be deemed to be non-conforming solely as a result of a change in the use, zoning or development of adjacent property.

4.2.4.2.Repair of Non-Conforming Structures.

1.

Percent of Repair Allowable under Normal Conditions. If, within any period of twelve (12) months, alterations or repairs are proposed to be made to a nonconforming building, and the aggregate cost of such alterations or repairs is in excess of fifty (50) percent of the Fair Market Value of the building at the time the alteration or repair is proposed, the building shall be made to conform to the requirements of this code for new buildings in the district in which it is located. Buildings that are located in fire districts shall conform to the provisions of International Building Code (IBC) and the International Residential Code (IRC).

2.

Percent of Repair Allowable under Emergency Conditions.

a.

If an existing non-conforming building is damaged by fire or other act of God and the building is thereafter proposed to be restored, altered or remodeled at cost in excess of fifty (50) percent of the Fair Market Value of the building before the damage was incurred, the building shall conform to the requirements for new buildings in the district in which it is located.

b.

If the cost of such alterations or repairs, or the amount of such damage is more than twenty-five (25) but not more than fifty (50) percent of the Fair Market Value of the building prior to damage of the building, nothing herein shall prevent the restoration of the building within a six (6) month period from the date the damage was sustained, and the portions of the building to be altered or repaired shall be made to conform to the requirements of these regulations for the district in which the building is located to the greatest extent possible.

c.

The preceding provisions of this section notwithstanding, in the event an existing non-conforming structure fifty (50) years old or older is damaged by fire or other act of God, it can be restored regardless of the extent of the damage sustained, at the owner's option, if it is restored to reasonably resemble the original structure. Restoration must be commenced within twelve (12) months of the date of such damage or destruction and so long as such restoration does not conflict with the Flood Damage Prevention Regulations of this code.

4.2.4.3.Loss of Non-Conforming Status with Change in Use.

If the use of an existing non-conforming building is partially or entirely changed to a use of a different classification as established in Article 6, the building shall be made to conform to the requirements of the district in which it is located. Any change in use that requires an increase in parking will terminate the legally non-conforming status of the property and require conformity with the requirements of the district in which it is located.

4.2.4.4.Criteria for the Repair of Non-Complying Structures.

The Building Inspector may order an unsafe, non-conforming structure to be restored to a safe condition. Any such order is subject to the requirements of the preceding provisions regarding the repair or restoration of partially damaged or destroyed non-conforming structures.

4.2.4.5.Provisions for Legally Non-Conforming Lots-of-Record.

1.

If lot dimensions do not meet minimum standards and the lot has been in separate ownership from adjacent property continuously since passage of this CLURO, such lot may be used as a building site for a permitted use in conformance with the requirements of district in which the site is located.

2.

When a substandard lot is used together with one or more contiguous lots for a single use or unified development, including lots used for off-street parking, all lots shall be considered a single lot for the purposes of these Land Use Regulations.

3.

If two (2) or more contiguous lots-of-record or parts thereof are in single ownership and all or part of the lots do not meet the requirements for lot width, area, or buildable area lying outside of areas of periodic inundation (defined in Article 3) as established herein, the lands involved shall be considered an undivided parcel for the purposes of this CLURO. No portion of said parcel shall be used or sold which does not meet the minimum lot width, depth and area requirements established herein, except as follows:

a.

The lot area of each lot meets the minimum area and buildable area requirements of the zoning district in which it is located; and

b.

The lot width is no less than 85% of the minimum lot width required in the zoning district in which it is located.

4.

When one or more lots abut one or more lots that do not meet minimum requirements, the lots may be reconfigured to increase the conformity of the substandard lots, provided that the remaining parcel or parcels conform to minimum standards.

4.3.1.   Procedure and Fees for Zoning Amendments and Amendments to the Land Use Regulations.

4.3.1.1.Methods of Initiation of Amendment.

The City Council may, from time to time, amend, supplement, or change the regulations and restrictions of these regulations or district boundaries of the Official Zoning Map as adopted herein or subsequently established. Such amendments may be initiated according to the then current rules of procedure of the Planning or Zoning Commission and in the following manner:

1.

By action of the City Council by introduction of an ordinance.

2.

On petition by property owners, by filing with the secretary of the Planning and Zoning Commission a petition in writing which conforms with the standards and requirements of the Planning and Zoning Commission, provided that such petition is duly signed and acknowledged by the owners or authorized agents of not less than fifty (50) per cent of the area of land in which a change of classification is requested; or within a radius of five hundred (500) feet of such area of land.

3.

By initiative, subject to the procedures and limitations of the City Charter, and further provided that amendments initiated through the initiative shall not involve or seek the reclassification of property to a different zoning district or seek to alter or relocate the boundaries of an established zoning district.

4.

Upon resolution of the Zoning Commission duly adopted by the affirmative vote of not less than two-thirds (⅔) of its members at a duly called and convened meeting of its membership.

5.

Upon resolution of the Planning Commission, duly adopted by the affirmative vote of not less than two-thirds (⅔) of its members.

4.3.1.2.Procedure.

No amendment shall become effective until:

1.

Planning Commission Hearing Required. There shall have been held a public hearing in relation thereto before the Planning or Zoning Commission, as applicable, at which time interested citizens and parties shall have had an opportunity to be fully heard.

2.

Notice Required. Notice of the proposed change and of the time and place of the public hearing or hearings thereon shall be provided as follows:

a.

Published Notice. Published once a week for three (3) weeks in the City's official journal. At least fifteen (15) days shall elapse between the first publication and the date of the hearing or hearings to which said publication relates.

b.

Mailed Notice. At least ten (10) days prior to the hearing, a good faith attempt to notify the owner(s) of record of the properties to be zoned or rezoned shall be made by the sending of an official notice by regular mail. When more than 10 parcels are to be zoned or rezoned by enactment of a zoning ordinance, the advertisement in the official journal shall be adequate notice to the property owners.

c.

Posted Notice. Posted notice in bold type shall be posted for not less than ten (10) consecutive days prior to the public hearing on signs prepared, furnished, and placed by the Planning Department staff upon the principal and accessible rights-of-way adjoining the area proposed for rezoning. However, for comprehensive rezoning proposals initiated by the City, signs need only be placed in the general geographic area(s) affected by the proposed change and need not list all specific rezoning proposals. For all text changes amending or supplementing the regulations or restrictions of this Ordinance itself, no signs need be posted.

3.

Report and Recommendation. After the public hearing or hearings provided above, the Planning or Zoning Commission shall have submitted its report and recommendation on the proposed amendment to the Clerk of the City Council.

4.

City Council Action. A final yea or nay vote on the proposed amendment shall have been taken by the City Council within one hundred twenty (120) days, dated from the introduction of an ordinance in correct form by the City Council, the submittal to the City Council of the recommendation of the Planning Commission or Zoning Commission or from the final filing of the petition of the property owner or owners in correct form, whichever event is first to occur.

5.

Major Text or Map Amendments. The provisions of this section shall not apply in cases where there is a proposal to enact an entire land use ordinance, to change the text of the land use regulations ordinance as a whole, or to change all of the official zoning maps, or both, in which event the procedures set forth in Act 240 of 1926, as may be amended from time to time (Louisiana Revised Statutes of 1950 Title 33: Sections 4721, et seq.) shall be followed.

4.3.1.3.One Year Limitation.

Whenever a petition is filed requesting or proposing a change in or amendment to these regulations or Official Zoning Map and said petition has been finally acted on by the Council in accordance with the above outlined procedure, then the Council shall not consider any further petition requesting or proposing the same change or amendment for the same property within a period of one (1) calendar year from the date of the Council's final action on said petition.

4.3.1.4.Fees for Requests to Amend the Official Zoning Map.

1.

Before any action shall be taken as provided in this Article, the party or parties (other than the City Council or Zoning Commission) proposing or recommending a change in the official zoning map shall deposit with the City of Mandeville the amount set forth in Division 19 of Appendix C to the City of Mandeville Code of Ordinances

2.

In addition to the fees, the party or parties must reimburse the City for the cost of the legal advertisements necessary for legal notice of the request. Under no condition shall the fee or advertising cost reimbursement be refunded for the failure of such request to be granted or for the withdrawal of the request.

(Ord. No. 22-30, 12-15-22)

4.3.2.   Procedures and Fees Special Use Permit Approvals.

4.3.2.1.Title and Purpose.

The procedures set forth herein for approval of Administrative and Special Use Permits shall be known as the Site Plan Review Procedure. The purpose of this procedure is to provide for review and evaluation of site development and design features of selected uses, and to afford a procedure for mitigation of potentially unfavorable effects on adjacent land uses.

4.3.2.2.Applicability and Jurisdiction.

The Zoning Commission shall be responsible for review, evaluation and action on all site plans submitted as required for Special Use Permits. Site plans required to be reviewed in conjunction with conditional use approvals and Planned District Zoning approvals shall be reviewed by the Planning Commission and a recommendation shall be provided prior to City Council action in accordance with the provisions of section 4.3.3 et seq.

4.3.2.3.Use Requiring Site Plan Review.

All uses as noted in the Table of Permitted Uses by Zoning Districts requiring Special Use Permits shall follow the procedure in this section. Uses requiring Special Use Permits shall automatically be forwarded by the Planning Director to the Zoning Commission for review at the first meeting following the required public notice as specified herein.

4.3.2.4.Application and Fee.

Applications for Special Use Permit approval shall be filed with the Planning Director. The application shall include the following unless material is determined to be unnecessary by the Planning Director.

1.

Completed application form provided to applicant by Department of Planning and Development.

2.

Name, signature and address of the owner and applicant, if agent of owner, on the application clearly stating the requested action.

3.

Address and legal description or boundary survey of proposed development site with bearing and distances of the property.

4.

If the applicant is not the legal owner of the property, a sworn statement of the owner that the applicant is the authorized agent of the owner.

5.

The municipal address or lot, square and subdivision, and the name and mailing address of the owner of each lot abutting or opposite the subject property.

6.

A brief description of the proposed use, including information pertinent to the review criteria and findings provisions of this section.

7.

A site plan and the number of copies required by the Zoning Commission's Rules of Procedure a minimum of 8.5" x 11" inches and a maximum of 24" x 36" inches, drawn to scale and sufficiently dimensioned as required to show the following:

a.

The date, scale, north point, title, name of owner, and name of person preparing the site plan.

b.

The location and dimensions of boundary lines, easements, and required yards and setbacks of all existing and proposed buildings and land development improvements.

c.

The location, height, and intended use of existing and proposed buildings on the site, and the approximate location of existing buildings on abutting sites within fifty (50) feet of the proposed development site.

d.

The location and dimensions of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, utility or service areas, fencing and screening, and lighting.

e.

The center line of existing water course, drainage features and location and size of existing and proposed streets and alleys, the 100-year floodplain, and any areas of periodic inundation.

f.

The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements.

g.

A conceptual drainage plan showing existing and proposed topography and grading and proposed subsurface drainage structures and retention and water quality enhancement facilities.

h.

The approximate location and size of proposed signs, if known, subject to regulations of Article 10 Sign Code.

i.

A conceptual landscape plan showing the location and size of the existing and proposed landscaped areas and the number and location of Class A and B trees proposed or required to be preserved.

j.

Application fee of the amount set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances per acre site or fraction thereof shall be submitted in conjunction with an application for a Special Use Permit.

(Ord. No. 22-30, 12-15-22)

4.3.2.5.Public Notice for Special Use Permits.

Not fewer than five (5) days before the work session or twenty (20) days before a hearing at which the Zoning Commission will vote on a Special Use Permit, the Planning Director shall:

1.

Post the site as required for zoning amendments including the following information:

a.

A brief description of the nature of the application.

b.

A statement of how and where information regarding the application may be obtained.

2.

Provide notice regarding the application including the same information to be published in the official journal of the City at least seven (7) days prior to the meeting of the Zoning Commission.

4.3.2.6.Special Use Permit Action and Appeal.

1.

Not more than thirty (30) days after official acceptance of a complete application by the Planning Director, the Zoning Commission shall consider the application for a Special Use Permit at a regularly scheduled meeting and approve, approve with modifications or disapprove said application. Within ten (10) days of the decision of the Zoning Commission, the Planning Director shall prepare a report to the Building Inspector and the applicant regarding the approval, approval with modifications, or disapproval of the Special Use Permit and site plans by the Zoning Commission.

2.

Any person or persons, or any officer, department, board, bureau or any other agency of the community jointly or severally aggrieved by any decision of the Zoning Commission may present to the Civil District Court of the parish, within thirty (30) days after filing of the decision in the office of the Board, a writ of certiorari asking for such relief and under such rules and regulations as are provided for such matters in appropriate legislation of the State.

4.3.2.7.Review and Evaluation.

1.

Site plans for uses subject to the Special Use Criteria as provided in Article 8 shall be reviewed and evaluated for consistency with such standards.

2.

Site plans shall be reviewed and evaluated for consistency with all applicable regulations of this Comprehensive Land Use Regulations Ordinance.

3.

In the event that a proposed site plan does not satisfy the applicable criteria established for review by this Section, modifications to the site plan by the applicant that would result in increased compatibility or would mitigate unfavorable impacts or would cause the site plan to conform to applicable requirements may be considered.

4.

The Zoning Commission may require modification of a site plan as a condition for approval when required by the Special Use Criteria of Article 8 or Special District Criteria for the district in which the use is proposed, or other provisions of these regulations or other City, state or federal regulations; or, when the site plan is reviewed in connection with a special use permit application, they may recommend such modifications as may be reasonably necessary to achieve the purposes of these regulations. Such modifications may include, but shall not be limited to:

a.

Provision for special yards, open spaces, buffers, fences, walls, and screening; for installation and maintenance of landscaping and drainage control measures; improvements of access and circulations; rearrangements of structures, site improvements or activities within the site; location and character of signs; and such other site plan features as necessary to ensure compatibility with surrounding uses and to support the findings required by this Section.

b.

Required modifications may exceed the minimum standards established in these regulations to achieve these regulations' purposes.

4.3.2.8.Findings for Special Use Permit Approvals.

The Zoning Commission shall make the following findings before approving a Special Use Permit:

1.

The proposed plan is consistent with the Comprehensive Plan and the purposes of the applicable zoning district.

2.

That the Special Use Permit application and site plan comply with the standards of these Comprehensive Land Use Regulations.

3.

That any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable impacts and protect the public health, safety and welfare as follows:

a.

That the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing conforming or permitted uses on adjacent sites or sites across from the proposed development site in terms of building height, bulk, scale, setbacks, open spaces, lighting, signage, landscaping, parking, access and circulation.

b.

The site development provides for the safe and convenient circulation of pedestrians, motorists and bicyclists and adequately addresses the volume and traffic and other transportation impacts of the proposed development.

c.

Proposed parking is designed to minimize negative impacts on surrounding property and provide safe and convenient access to the site.

d.

The proposed design and use of the development adequately protects people and property from the negative impacts of erosion, flood or water damage, fire, odors, noise and glare anticipated to be generated by the proposed development.

4.3.2.9.Effective Date.

The decision of the Zoning Commission shall take effect immediately, unless appealed. The decision of the City Council shall be effective immediately subject to modification provisions of the site plan.

4.3.2.10.Lapse of Approval for Site Plans for Special Use Permits.

1.

Unless a longer time shall be specifically established as a condition of approval, a Special Use Permit approval shall lapse and become void one (1) year following the date on which such approval became effective, unless prior to the expiration of one (1) year a building permit is issued and construction is commenced and diligently pursued toward completion, or a Certificate of Occupancy is issued for the use, or the site is occupied if no building permit or Certificate of Occupancy is required.

2.

A Site Plan approval for a Special Use Permit that is subject to lapse may be renewed by the Zoning Commission for an additional period of one (1) year, provided that prior to the expiration date, a written request for renewal is filed with the Planning Director.

4.3.2.11.Amendments to Special Use Permit Approvals.

The procedural requirements for Special Use Permit Approval as specified in this Section 4.3 et seq. shall apply to an application for modification, expansion, or other change in an approved Site Plan, provided that minor revisions or modifications may be approved by the Planning Director if he determines that the circumstances or conditions applicable at the time of original approval remain valid, and that changes would not affect the findings prescribed in this Section. The Planning Director shall report to the Zoning Commission on a quarterly basis the number and kinds of modifications being approved.

4.3.2.12.Suspension and Revocation.

1.

Upon violation of any applicable provision of these regulations, or, if granted subject to conditions, upon failure to comply with conditions, a Special Use Permit approval shall be suspended upon notification by the Planning Director to the owner of a use or property subject to the Special Use Permit.

2.

The Zoning Commission shall give notice as required for Special Use Permits and hold a public hearing within forty (40) days of such notification, and upon a finding that the regulation, general provision, or condition is not being complied with, may revoke the Special Use Permit approval or take such action as the Zoning Commission deems necessary to ensure compliance with the regulation, general provision, or condition.

3.

The decision of the Zoning Commission to revoke a Site Plan approval shall be effective immediately.

4.3.2.13.New Applications.

Following the denial or revocation of a Special Use Permit by the Zoning Commission no application for Special Use Permit for the same or substantially the same Special Use on the same or substantially the same site shall be filed within one year from the date of denial or revocation.

4.3.2.14.Approval to Run with the Land.

The approved Special Use Permit shall be signed by the approving official and recorded with the Clerk of Court of the Parish. A Special Use Permit approval pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application, subject to the lapse of approval provisions regarding lapse of approval provided herein. Cost of recordation shall be borne by the applicant.

4.3.2.15.Site Plans or Zoning Permits Approved under Prior Regulations.

A Site Plan or Zoning Permit approved pursuant to regulations in effect prior to the effective date of these provisions shall be deemed a pre-existing approved plan, and the use for which such site plan or Zoning Permit was approved shall be permitted to continue subject to any conditions prescribed at the time of site plan approval. A use subject to a pre-existing approved site plan shall be subject to these provisions with respect to lapse, modification, suspension or revocation.

4.3.3.   Procedures and Fees for Conditional Use Permits and Planned District Zoning.

4.3.3.1.Title and Purpose.

This Section shall be known as the Conditional Use and Planned District Zoning Procedure. The purpose of this procedure is to provide for review and discretionary approval of uses or development sites typically having unusual site development features or unique operating characteristics requiring special consideration so that they may be located, designed, and operated compatibly with uses on surrounding properties and within the City at large. The Conditional Use Procedure and Planned District Zoning process is intended to encourage broad public review and evaluation of site development features and operating characteristics, and to ensure adequate mitigation of potentially unfavorable impacts.

4.3.3.2.Jurisdiction.

The Planning Director shall be responsible for administration of the Conditional Use Procedure, and the Planning Commission shall be responsible for review, evaluation, and action on all applications for a Conditional Use Permit.

4.3.3.3.Concurrent Applications.

Application for a Conditional Use Permit and for Rezoning or Planned District zoning for the same property may be made concurrently, subject to the fees applicable to a rezoning or Planned District zoning only. The Planning Commission and Zoning Commission may hold the public hearing on the Rezoning and the Conditional Use Permit at the same meeting and may combine the two hearings. The City Council likewise may hold the two public hearings in combination and may approve both the Conditional Use and rezoning or Planned District zoning by one ordinance.

4.3.3.4.Application and Fee.

Applications for Conditional Use Permits and Planned District zoning approvals shall be filed with the Planning Director. The application shall include the following:

1.

Name and address of the owner and applicant and sworn affidavit of ownership.

2.

Address, legal description and boundary survey of the property, including any existing structures.

3.

If the applicant is not the legal owner of the property, a sworn statement by the owner that the applicant is the authorized agent of the owner of the property.

4.

A statement describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application. For uses involving public assembly or industrial processing, or uses potentially generating high volumes of vehicular traffic, the Planning Director may require specific information relative to the anticipated peak loads and peak use periods, relative to industrial processes and the ability of the use to meet performance standards, or substantiating the adequacy of proposed parking, loading, and circulation facilities.

5.

Site plans, conceptual building elevations, conceptual improvement plans, and such additional maps and drawings, all sufficiently dimensioned as required to illustrate the following:

a.

The date, scale, north point, title, name of owner, and name of person preparing the site plan.

b.

The location and dimensions of boundary lines, with distances and bearings, easements, and required yards and setbacks, water courses, drainage features and location and size of existing and proposed streets and alleys, 100-year floodplains, as well as areas of periodic inundation.

c.

The location, height, bulk, percent of impervious site surface, general appearance, and intended use of existing and proposed buildings on the site, and the approximate location of existing buildings and their existing uses on abutting sites within fifty (50) feet.

d.

The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs, and lighting.

e.

A conceptual landscape plan showing the location and size of the existing and proposed landscaped areas and the number and location of Class A and B trees proposed or required to be preserved.

f.

The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements.

g.

A conceptual drainage plan showing existing and proposed topography and grading and proposed drainage structures, retention ponds or water quality enhancement facilities.

h.

The relationship of the site and the proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels, and any proposed off-site improvements to be made.

6.

In addition, Site Plans submitted in conjunction with Planned District zoning, shall include:

a.

The dwelling intensity of any residential areas and the lot sizes and locations of any other uses within the Planned Development.

b.

Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and semipublic uses.

c.

A plan for the location of all public utilities.

d.

A copy of all agreements, provisions or covenants which are proposed to govern the use, maintenance and continued protection of the Planned Development and any of its common open space.

e.

A representation of the general use and character of land adjacent to the Planned Development area within two hundred (200) feet.

f.

A landscape plan along the boundary of a Planned Development to a depth of one hundred (100) horizontal feet. However, exact building locations need not be dimensioned on the site plan for a Planned Development so long as all areas within which buildings may be constructed or maintained are specifically delineated by building setback lines.

7.

Fees for Conditional Use Requests - To initiate any Conditional Use Permit request, the party or parties requesting the Conditional Use approval shall deposit a sum based on the fee set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances. Under no condition shall the fee be refunded for the failure of the requested Conditional Use Permit to be granted or for the withdrawal of the request.

(Ord. No. 22-30, 12-15-22)

4.3.3.5.Public Hearing and Notice.

The Planning Commission shall hold a public hearing on each application for a Planned District zoning or amendment or for a Conditional Use Permit. Public notice shall be given as required for zoning amendments. At the public hearing, the Commission shall review the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, with respect to the findings prescribed herein.

4.3.3.6.Report of the Planning Director.

The Planning Director or Designee shall review the application or proposal and shall prepare a report thereon which shall be filed with the Planning Commission and available to the applicant at least ten (10) days prior to the public hearing.

4.3.3.7.Action by the Planning Commission.

The Planning Commission shall act on the application not more than twenty (20) days following the closing of the public hearing on a Planned District zoning or Conditional Use Permit application. The Commission may recommend to grant a Conditional Use Permit or approve a Planned District zoning or amendment as applied for or in a modified form or subject to conditions, or may recommend denial of the application to the City Council. The Commission shall notify the applicant of its recommendation by mail.

4.3.3.8.Review and Evaluation Criteria.

The Planning Director, the Planning Commission and the City Council shall review and evaluate and make the following findings before granting a Conditional Use Permit or Planned District zoning using the following criteria:

1.

Comparison with applicable regulations and standards established by the Comprehensive Land Use Regulations applicable to the proposed use and site.

2.

Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, and access and circulation features.

3.

Potentially unfavorable effects or impacts on other existing conforming or permitted uses on abutting sites, to the extent such impacts exceed these which reasonably may result from use of the site by a permitted use.

4.

Modifications to the site plan which would result in increased compatibility, or would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals, and general welfare.

5.

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area considering existing zoning and land uses in the area.

6.

Protection of persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts.

7.

Location, lighting, and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.

8.

Adequacy and convenience of off-street parking and loading facilities and protection of adjacent property from glare of site lighting.

9.

Conformity with the objectives of these regulations and the purposes of the zone in which the site is located.

10.

Compatibility of the proposed use and site development, together with any modifications applicable thereto, with existing or permitted uses in the vicinity.

11.

That any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and to ensure compatibility of the proposed use with existing or permitted uses in the same district and the surrounding area.

12.

That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or community aesthetics, or materially injurious to properties or improvements in the vicinity.

4.3.3.9.Conditions of Approval.

The Planning Commission may recommend and the City Council may establish conditions of approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the Commission or City Council may deem necessary to insure compatibility with surrounding uses to preserve the public health, safety, and welfare, and to enable the Commission to make the findings required by the preceding Section.

4.3.3.10.Planning Commission Recommendations to the City Council.

The recommendations of the Planning Commission shall be forwarded to the City Council within 10 days after the date on which action is announced.

4.3.3.11.Enactment by Ordinance.

The decision of the Planning Commission on an application for a Conditional Use Permit or Planned District shall be forwarded to the City Council as a recommendation to grant or deny after the Planning Commission holds a public hearing thereon. The City Council shall hold a public hearing on said application. Notice of the public hearings before the Planning Commission and City Council shall be given in the same manner as the notice required for zoning amendments. In the event the application for a Conditional Use Permit Planned District is made for property that is contiguous to property that is zoned R-1, Single-family Residential, then such ordinance approving the Conditional Use or Planned District shall not be passed except by an affirmative vote of four-fifths majority of the Council membership. In the event the decision of the Planning Commission on the application for a Planned District or Conditional Use Permit is adverse thereto, or in the event a protest against the proposed Planned District or Conditional Use Permit is presented, in writing, to the City Council, duly signed and acknowledged by the owners of at least twenty (20) percent of the property situated in the area bounded by lines two hundred (200) feet in each direction and one each side of the area included in such proposed Planned District, such ordinance approving the Planned District shall not be passed except by an affirmative vote of a four-fifths (4/5) majority of the members of the City Council.

4.3.3.12. Lapse of Conditional Use Permit or Uses Approved in Conjunction with Planned District Zoning.

1.

For the purposes of this subsection, a Conditional Use Permit shall be deemed to have been granted upon the final affirmative action on the matter by the City Council, notwithstanding the fact that the effectiveness of the Conditional Use Permit for any other purposes may have been stayed due to the necessity of meeting conditions lawfully placed on the granting of the Conditional Use Permit.

2.

Except as otherwise stated in these regulations, authority to issue construction or occupancy permits pursuant to an approved Conditional Use Permit shall expire two years following City Council approval unless during the two-year period, a construction permit is obtained. If a construction permit is obtained, the Conditional Use Permit shall continue in force and effect until (1) two years following the issuance of such construction permit, or (2) two years following the issuance of a Certificate of Occupancy, whichever is later, providing that construction is not stopped for a period of six months or more. If construction is stopped, the Conditional Use Permit shall expire (1) at the end of such six-month period, or (2) two years following the issuance of such construction permit, whichever is later.

3.

Where more than one building permit is covered by a Conditional Use Permit and when the Certificate of Occupancy has been obtained on the last building as set forth above (or when the time has been extended as set forth below), the developer shall have an additional two years during which to secure a second construction permit and so on until the project is completed. Otherwise, the Conditional Use Permit shall expire as set forth in these regulations.

4.

Construction permits obtained more than five years following the conditional use approval date shall comply with the rules, regulations and ordinances that have become effective since the approval date of the Conditional Use Permit. For the purposes of this subsection, a Conditional Use Permit shall be deemed approved upon the affirmative action of the City Council, notwithstanding the necessity of meeting conditions lawfully placed on the Conditional Use Permit approval.

5.

The City Council may, upon application of the developer, grant a one-year extension to any two-year time period during which a construction permit or Certificate of Occupancy may be issued when one or more of the following conditions have been met:

a.

Construction permits have been issued, materials have been acquired and the foundation of at least one building has been placed on the site.

b.

Where no construction is required, an occupancy permit has been issued and actual operation of the use has begun.

c.

The developer has made application to the City Council stating reasons, prior to the expiration date of the Conditional Use Permit.

6.

The Building Official shall report to the City Council the actual development accomplished as it relates to the approved Conditional Use Permit. The Council, before acting, shall hold a public hearing on the application.

7.

After the authority for the issuance of construction permits or certificates of occupancy has expired by default pursuant to an approved Conditional Use Permit, no construction permit or Certificate of Occupancy shall be issued except under a Conditional Use Permit approved upon a new application.

8.

Planned District sites having site plan approval or building permits issued prior to the effective date of this Ordinance shall be subject to the provisions of this section.

4.3.3.13.Modification of Planned District or Conditional Use Permit.

An application for modification, expansion, or other change in a Conditional Use Permit or Planned District approved shall be in accordance with the procedures of section 4.3.3, provided that minor revisions or modifications may be approved by the Planning Director upon determination that the circumstances or conditions applicable at the time of original approval remain valid, and that changes would not affect the findings prescribed in section 4.3.3.8.

4.3.3.14.Suspension and Revocation.

1.

Upon violation of any applicable provision of this Section, or, if granted subject to conditions, upon failure to comply with conditions, a Conditional Use Permit may be suspended upon notification by the City Clerk to the owner of the use or property subject to a Conditional Use Permit.

2.

The City Council shall hold a public hearing within forty (40) days of such notification, and upon a finding that the regulation, general provision, or condition may be necessary to ensure compliance with the regulation, general provision, or condition.

3.

The decision of the Council to revoke a Conditional Use Permit shall be effective immediately.

4.3.3.15.New Applications.

Following the denial or revocation of a Conditional Use Permit or Planned District zoning, no application for a Conditional Use Permit or Planned District zoning for the same or substantially the same use or conceptual plan, on the same or substantially the same site shall be filed within one (1) year from the date of denial or revocation.

4.3.3.16.Approval to Run with the Land.

The ordinance approving the Conditional Use or Planned District zoning and the plans approved in conjunction with the ordinance shall be recorded with the Clerk of Court in the Parish courthouse. A Conditional Use Permit or Planned District zoning granted pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Conditional Use Permit application subject to the provisions regarding expiration of approval. Cost for recordation shall be borne by the applicant.

4.3.3.17.Prior Special Permits and Covenants.

1.

A use legally established pursuant to a Conditional Use Permit or a Planned District zoning prior to the date of adoption of these regulations shall be deemed a pre-existing conditional use or planned development and shall be permitted to continue, provided that it is operated and maintained in accord with any conditions prescribed at the time of its establishment.

2.

Alteration or expansion of a pre-existing conditional use or planned development shall be permitted only upon the granting of a Conditional Use Permit or an amendment to the Planned District Ordinance as prescribed in these regulations, except for alterations not exceeding $2,500.00 in value as determined by the Building Official.

3.

A Conditional Use Permit or Planned District amendment ordinance shall be required for the reconstruction of a structure primarily approved as a Conditional Use or planned development, if the structure is destroyed by fire or other calamity, by Act of God, or by the public enemy to a greater extent than fifty (50) percent of the repair to replacement cost. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Inspector and shall be based on the minimum cost of construction in compliance with the Building Code.

4.3.4.   Procedures and Fees for Filing Appeals, Requests for Variances and Exceptions to the Zoning Commission.

4.3.4.1.Procedures for Filing Appeals.

1.

Any person aggrieved by a decision of any of the officers, departments, or City staff that administer the provisions of these land use regulations may appeal to the Zoning Commission within thirty (30) days after the decision has been rendered. If a building or structure is believed by the Building Inspector to be unsafe or dangerous, the Planning Director may limit the time for such appeal to a shorter period with the consent of the Mayor.

2.

City officials or employees shall produce all papers, correspondence, and records requested by the Zoning Commission for any hearing or meeting held by the Board.

3.

An appeal stays all proceedings and furtherance of the action appealed from, unless the Building Inspector certifies to the Commission, after a notice of appeal shall have been filed with the Planning Director, by reason of facts stated in the certificate, that a stay would, in his opinion, cause imminent peril of life or property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted to the Zoning Commission by the District Court of the parish, and notice to the City Clerk and on due cause shown.

4.

The Zoning Commission shall adopt rules of procedure to fix a reasonable time for hearing appeals, give notice thereof, as well as due notice to the interested parties, and shall decide the appeal within a reasonable time and in accordance with the Adopted Rules and Procedures of the Zoning Commission. At the hearing, any party may appear in person or by an attorney.

4.3.4.2.Fees for Filing Appeals and Variance Requests.

1.

Fees for Appeals to the Zoning Commission - A fee in the amount set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances shall be paid to the Secretary of the Zoning Commission at the time the notice of appeal is filed, which the Secretary shall transmit to the Director of Finance. Fees related to appeals shall be credited of the general revenue fund of the community.

2.

Fees for Variance Requests - To initiate any variance request, as permitted by this code or in conjunction with an appeal, the party or parties requesting the variance shall deposit with the Secretary of the Zoning Commission the amount set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances for each variance requested. Under no circumstances shall the fee be refunded for the failure of such variance to be granted or for the withdrawal of the request by the applicant.

(Ord. No. 22-30, 12-15-22)

4.3.4.3.Conformity with Purpose of Land Use Regulations in Evaluation of Appeals.

In consideration of all appeals and all proposed exceptions or variances under the terms of this Ordinance the Zoning Commission shall, before making any exception or variance from the ordinance in a specific case, give due consideration to the general purposes of these regulations as stated in Article 1. In consideration of all appeals and all proposed exceptions or variances under the terms of this Ordinance the Board shall, before making any exception or variance from the ordinance in a specific case, first determine that it will not impair an adequate supply of air or light to adjacent property, or unreasonably increase the congestion in public streets, or danger of fire, or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, morals, comfort, welfare or aesthetics of the inhabitants of the community.

4.3.4.4.Scope of Action by the Zoning Commission on Appeals.

1.

In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officers, departments, commissions, boards or bureaus that administer the provisions of these Land Use Regulations. In granting a variance, the Zoning Commission may establish conditions it deems advisable to further the purposes of this Ordinance.

2.

The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the officers, departments, commissions, boards or bureaus that administer the provisions of these regulations, or to decide in favor of the applicant on any matter upon which it is required to pass under this or any ordinance, or to effect any variance of this Ordinance under which it has the power to grant a variance.

4.3.4.5.Variance Procedures.

1.

Authority. The Zoning Commission may authorize a variance upon appeal of a decision of an official administering the provisions of this Ordinance when a property owner can show that a strict application of the terms of this Ordinance relating to the use, construction, or alteration of buildings or structures, or the use of land will impose upon him unusual and practical difficulties or particular hardship; but only when the Commission is satisfied that granting such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a deviation from provisions established by this Ordinance and at the same time the surrounding property will be properly protected.

2.

Procedure. Variance requests shall accompany the application for appeal, shall clearly identify the section of the ordinance from which the variance is requested and shall be filed in accordance with the Rules of Procedure of the Zoning Commission. Variance requests shall not be considered by the Zoning Commission until:

a.

Initiation. The owner or person having a contractual interest, other than a lessee, in the property for which a variation is sought may initiate a request for a variance.

b.

Application. The application and the number of copies required by the Rules of Procedure of the Zoning Commission shall be submitted on forms provided by the Planning Director. The application shall include the following information:

(1)

Name, address, and telephone number of applicant.

(2)

Nature and extent of the applicant's interest in the property for which the variance is requested.

(3)

A survey drawn to scale indicating the existing dimensions and improvements of the property. Such plan shall be no smaller than 8.5" x 11" inches and no larger than 24" x 36" inches.

(4)

A site plan drawn to scale indicating the proposed site plan of the property. Such plan shall be no smaller than 8.5" x 11" inches and no larger than 24" x 36" inches.

(5)

A statement identifying the practical difficulties applicable to the variance request and, if applicable, the nature of the time variance requested.

c.

Planning Director Responsibilities.

(1)

The Planning Director shall have five (5) working days to determine if the application, as submitted, meets the requirements established herein. If an application is found to be incomplete, the Planning Director shall notify the applicant within five (5) working days of the reasons therefore and advise the applicant of the requirements for an acceptable application.

(2)

Upon receipt of an acceptable application the Planning Director shall place the application on the agenda of the next regularly scheduled Zoning Commission meeting for which the required advertising procedures can be met.

d.

Notice Required. Notice of the requested variance and of the time and place of the public hearing or hearings thereon shall be provided as follows:

(1)

Published Notice. Notice shall have been published once a week for three (3) weeks in the City's official journal. At least fifteen (15) days shall elapse between the first publication and the date of the hearing or hearings to which said publication relates.

(2)

Printed Notice. Printed notice in bold type shall be posted for not less than ten (10) consecutive days prior to the public hearings on signs prepared, furnished, and placed by the Department of Planning and Development staff upon the principal and accessible rights-of-way adjoining the site where the variance is requested.

(3)

Posted Notice. The property will be posted with a sign no smaller than 11" x 17" at least fifteen (15) days prior to the Public Hearing.

e.

Zoning Commission Hearing. There shall have been held a public hearing in relation thereto before the Zoning Commission at which time interested citizens and parties shall have had an opportunity to be fully heard.

f.

Zoning Commission Action. Within forty (40) days of the meeting at which the variance request is first eligible for decision, the Zoning Commission shall take one of the following actions or the request shall be deemed approved:

(1)

Approve the variance as requested;

(2)

Approve the variance subject to specific conditions;

(3)

Deny the variance request; or

(4)

Table at written request of the applicant.

3.

Conditions on Variance. The Board may set forth the conditions in granting a variance. Such conditions may include, but are not limited to the following:

a.

Limit the manner in which the use is conducted, including restrictions on the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, discharge of pollutants, glare and odor.

b.

Establish a special yard or other open space or lot area or dimension.

c.

Limit the height, size or location of a building or other structure.

d.

Designate the size, number, location or nature of vehicle access points.

e.

Increase the amount of street dedication, roadway width, or improvements within the street right-of-way.

f.

Designate the size, location, screening, drainage, surfacing or other improvements of a parking or truck loading area.

g.

Limit or otherwise designate the number, size, location, height or lighting of signs.

h.

Limit the location and intensity of outdoor lighting or require its shielding.

i.

Require diking, screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.

j.

Designate the size, height, location or materials for a fence.

k.

Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.

l.

Specify other conditions to permit development of the site in conformity with the intent and purpose of the code.

4.

Tenure of Variance. Except for time variances as provided for above, variances are valid for an unlimited time, irrespective of ownership.

5.

Fee. An application fee of $75.00 as for other variances is hereby established.

6.

Non-Conforming Development Site Variances.

a.

Background. The non-conforming provisions of section 4.2 of these regulations establishes specific conditions under which non-conforming development sites must be upgraded to meet the standards established by this Code. Practical difficulties may exist which prevent the upgrading of certain non-conforming development sites to standards imposed by this Code.

b.

Purpose. This variance procedure has been established in order to provide a viable economic use of existing structures and to insure that non-conforming development sites are upgraded to the extent deemed possible by the Zoning Commission. Provision of adequate parking and access shall take precedent over other applicable sections of these regulations in evaluating applications for non-conforming development site variances.

c.

Occupancy of Non-Conforming Development Site.

(1)

Occupancy of a non-conforming site in conjunction with a change of use:

(a)

Comparable or less parking demand: If a proposed change of use does not increase the number of required off-street parking spaces by more than five (5) percent over the number of spaces required for the then present use, an applicant for a non-conforming development site variance may, at his own risk, occupy the site prior to approval of non-conforming development site variance.

(b)

Increase of parking demand: If the proposed change of use increases the number of required off-street parking spaces by more than five (5) percent over the number of spaces required for the then present use, alteration of the site to conform to this Ordinance or approval of a non-conforming development site variance is required prior to issuance of permits or occupancy of the site.

(2)

Non-Conforming Shopping Center - Subsequent to the loss of legally nonconforming status for reasons defined by this Ordinance alteration of the site to conform to this Ordinance or approval of a non-conforming development site variance is required prior to issuance of a development permit or occupancy of the site.

d.

Time Variance - The Zoning Commission may provide a one-time temporary variance for up to 365 days. In reviewing other than time variance requests, the Commission shall not approve variance requests without first finding that practical difficulties do exist.

e.

Practical Difficulties. For non-conforming development sites, practical difficulties shall be limited to those situations:

(1)

In which existing buildings would have to be relocated in order to meet the setbacks or landscaping requirements or other requirements prescribed by this Ordinance; or

(2)

In which inadequate parking or maneuvering areas would be created or rendered less in conformance if the landscaping prescribed by this Ordinance were implemented; or

(3)

In which other site conditions that would make conformance impossible. The cost incurred to remove concrete or other impervious surfaces to conform to the provisions of this Ordinance shall not constitute practical difficulties.

4.3.4.6.Procedures and Standards for Exceptions by the Zoning Commission.

The procedures for application, notice, hearing and approval of exceptions authorized by this CLURO for the Zoning Commission shall be the same as those for variances established in section 4.3.4.5, except that applicant does not need to demonstrate a hardship that is unique to the applicable property. The Planning Commission may approve an authorized exception upon finding that the exception advances the goals of the Comprehensive Plan and the purposes of this CLURO.

4.3.4.7.Scope of Civil Court Recourse.

Any person or persons, or any officer, department, board, bureau or any other agency of the community jointly or severally aggrieved by any decision of the Zoning Commission may present to the District Court of the parish, within thirty (30) days after filing of the decision in the office of the Board, a writ of certiorari asking for such relief and under such rules and regulations as are provided for such matters in appropriate legislation of the state.

4.3.4.8.Notification of Decisions of the Zoning Commission.

1.

Every appeal or variance decision of the Zoning Commission shall be recorded in the Board's official record and shall indicate the vote upon the decision. Every decision shall be promptly filed in the case file in the Office of the Department of Planning and Development and shall be open to public inspection. A copy shall be sent by mail or otherwise to the appellant and a copy shall be kept in the case file of the Office of the Department of Planning and Development for two (2) years after filing.

2.

The Zoning Commission shall in every case reach a decision without unreasonable or unnecessary delay.

3.

If a decision of the Zoning Commission reverses or modifies a decision of the Planning Director, Building Inspector, or Director of Public Works or varies the application of any provision of this Land Use Regulation Ordinance action shall be taken by the Planning Director or Building Inspector or Director of Public Works in accordance with such decision within a reasonable period of time.

4.3.5.   Procedures and Standards for Issuance of Exceptions by the Planning Director.

4.3.5.1.Redevelopment or Expansion of Existing Development.

The Planning Director, after making required findings, may grant authorized exceptions for the redevelopment, remodeling or expansion of existing sites if the strict application of zoning district standards cannot be accomplished on the site and achieve the purpose of this ordinance. These provisions shall not apply to redevelopment of sites involving the removal of existing buildings.

1.

Required Findings. The Planning Director shall make all of the following findings prior to granting an exception:

a.

The applicant has provided sufficient information to evaluate the necessity of the exception and the impacts of the proposed design alternative; and

b.

Strict compliance with development standards is not physically feasible, due to existing trees, structures on the site, required parking and/or required setbacks; and

c.

The proposed exceptions are the minimum required to allow the proposed redevelopment, remodeling or expansion of the site; and

d.

The proposed design alternative and exceptions result in greater compliance with the landscape provisions, retention of specimen trees and greater compatibility with adjacent development than current development.

2.

Authorized Exceptions.

a.

The Planning Director may adjust landscaping, parking and setback requirements subject to the following limitations:

(1)

Total site landscaping shall not be reduced more than twenty (20) percent below the requirement for new development on the site, provided that landscaping is sufficient to accomplish the purposes of the City's landscaping requirements and that the landscape reduction is mitigated through contribution to the City's landscape mitigation fund.

(2)

Total number of parking spaces shall not be reduced by more than ten (10) percent of the required spaces and parking angles, parking space width and traffic flow are sufficient to provide for the safe reduction of parking aisle widths.

(3)

Parking space and loading zone space dimensions may be reduced, provided that aisle widths are increased to provide safe and convenient access.

(4)

Driveway widths may be reduced provided that parking space widths are increased to provide safe and convenient access.

(5)

Building setbacks shall not be reduced by more than thirty (30) percent pursuant to section 8.1.1.

b.

Exceptions may be granted by the Planning Director for the reconstruction, rehabilitation or restoration of structures without regard for the procedures set forth in Section 8.3 Flood Damage Prevention Regulation and that meet the following criteria:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved state program as determined by the Secretary of the Interior or;

(b)

Directly by the Secretary of the Interior in states without approved programs.

4.3.5.2.New Development.

For previously undeveloped sites and redevelopment projects involving the removal of existing buildings, the Planning Director may grant authorized exceptions after making the required findings.

1.

Required Findings.

a.

The applicant has provided sufficient information to evaluate the necessity of the exception and the impacts of the proposed design alternative; and

b.

Total landscaped area and vegetation on the site is greater than required by ordinance; and

c.

The proposed design alternative and exceptions result in greater compliance with the landscape provisions and greater compatibility with adjacent development than would be provided through strict compliance with adopted standards.

2.

Authorized Exceptions. The Planning Director may grant exceptions to landscaping, parking and setback requirements subject to the following limitations:

a.

Relocation of required landscaping on the site provides for protection of existing specimen trees and/or results in better site design.

b.

Total number of parking spaces shall not be reduced by more than ten (10) percent of the required spaces and parking angles, parking space width and traffic flow are sufficient to provide for the safe reduction of parking aisle widths.

c.

Parking space and loading zone space dimensions may be reduced, provided that aisle widths are increased to provide safe and convenient access.

d.

Driveway widths may be reduced provided that parking space widths are increased to provide safe and convenient access.

e.

Building setbacks shall not be reduced by more than thirty (30) percent.

4.3.6.   Procedure and Fees for Issuance of a Home Occupation Permit.

An application for a home occupation permit shall be filed with the Building Inspector by any resident who wishes to establish a home occupation in a private residence. Said permit shall establish the extent and duration of the home occupation as well as grant permission for the proposed use. In addition, the home occupation permit will establish conditions of approval and procedures for revocation and renewal as follows:

1.

Application. Application for a home occupation permit shall be made to the Planning Director on a form provided by the Planning Director and shall be accompanied by a filing fee in the amount set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances of fifteen dollars ($15.00). A decision on the application and notification to the applicant of that decision shall be made within fifteen (15) calendar days of the date a completed application is received.

2.

Scope. In cases where the application is deemed not to be within the scope of a home occupation as defined herein, the application will be denied.

3.

Time Limit. All home occupation permits shall be valid for a period of one year from initial date of approval.

4.

Voiding of Permit. The Planning Director may void any home occupation permit for noncompliance with the criteria set forth in this Section. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void, and said use shall be terminated.

5.

Appeal to Zoning Commission. The decision of the Planning Director concerning approval or revocation shall be final unless a written appeal is filed with the Zoning Commission within thirty (30) calendar days of the decision.

6.

Inspection. Home occupation applicants shall permit a reasonable inspection of the premises by the Planning Department to determine compliance with this section.

7.

Renewal. Home occupation permits shall be renewed annually provided there has not been any violation of the provisions of this Chapter. Requests for renewals shall be submitted to the Planning Department in writing, accompanied by a ten dollar ($10.00) renewal fee, no later than one (1) month prior to expiration of the permit.

(Ord. No. 22-30, 12-15-22)

5.1.1.   Title.

The provisions of Article 5 shall be known and may be cited as "The Building Codes".

5.1.2.   Building Inspector as Administrator.

The Building Inspector shall administer the provisions of Article 5 where needed in conjunction with other City personnel in accordance with the responsibilities assigned by the provisions of Article 2 of these regulations. In administering the provisions of Article 5 the Building Inspector shall interpret and enforce the provisions of the adopted codes of the International Building Code (IBC), International Residential Code (IRC), International Mechanical Code (IMC) and National Electrical Code (NEC), issue all permits and perform or cause to be performed all necessary inspections as provided.

5.1.3.   Code Remedial.

This Article is hereby declared to be remedial and minimum and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures, signs or premises.

5.1.4.   Scope.

The provisions of this Article shall apply to the use, occupancy or development of land, including but not necessarily limited to the construction, alteration, repair, equipment, plumbing, gas, piping and appliances, heating, air conditioning, excavation, grading, swimming pools, electrical installations, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures, including signs.

5.1.5.   Rules and Procedures of Building Inspector.

The Building Inspector, through the Director of Planning, shall promulgate rules and procedures for the issuance of permits and certificates as prescribed in this Article and consistent therewith, it being the intent of this requirement that the standards of federal or state bureaus, national technical organizations or fire underwriters, as the same may be amended from time to time, shall serve as a guide in fixing the minimum rules of practice under this code. Rules promulgated as herein provided shall have the same force and effect as provisions of this Article.

5.1.6.   Permit Required.

1.

No existing or new building shall be occupied for any purpose that will cause the floors thereof to be loaded beyond their safe capacity. The Building Inspector shall permit occupancy of a building when he is satisfied that such capacity will not thereby be exceeded.

2.

It shall be the responsibility of the owner, agent, proprietor or occupant of Group F and G occupancies (as defined by the International Building Code (IBC)) or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be certified by the architect or engineer and state the safe allowable floor load on each floor in pounds per square foot uniformly distributed; which statement shall thereupon be filed as a permanent record of the Division of Permits and Inspections.

5.1.7.   Permit Fees, General.

No permit shall be issued until the fees prescribed in this Article shall have been paid. Nor shall any amendment to the permit be approved until additional fees associated with an increase in the estimated cost of the building or structure have been paid.

5.1.8.   Failure to Obtain a Permit.

If any person commences any work on a building or structure before obtaining the necessary permit from the City, such person shall be subject to the penalties prescribed by this Ordinance.

5.1.9.   Penalty for Failure to Obtain a Permit or Required Inspections and Reinspection of Failed Systems.

1.

On all work commenced without first obtaining a permit as required by the provisions of this Article, the fees for the required permits shall be doubled. However, the payment of such double fee shall not relieve any person from fully complying with the requirements of this Article and all applicable provisions of this Land Use Regulations Ordinance in the execution of the work permitted.

2.

Failure to obtain an approved inspection prior to the pouring of a structural slab or footing shall result in a penalty in the amount set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

3.

The required inspections shall be included as a part of the permit fees listed herein unless specified differently. However, if a permit holder calls for an inspection and the work inspected does not meet code or requires a second or subsequent inspection, a reinspection fee in accordance with the scale set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

(Ord. No. 22-30, 12-15-22)

5.1.10.   Right of Entry.

The Building Inspector shall enforce the provisions of this code and he, or his duly authorized representative, may enter any building, structure or premises in the City to perform any duty imposed upon him by this Article.

5.1.11.   Posting Permit and Inspection Cards.

Work requiring a building permit shall not be commenced until a building permit card has been posted in a conspicuous place on the front of the premises. The permit and inspection card shall be protected from the weather and be posted at such location as to permit the Building Inspector to conveniently make the required entries thereon. This permit and inspection card shall be maintained in such location by the permit holder until the Certificate of Occupancy has been issued by the Building Inspector.

5.1.12.   Stop Work Orders.

Upon notice to the owner or owner's agent from the Building Inspector that work on any building or structure is being done contrary to the provisions of this code or otherwise required by law or development agreement or is determined to be in a dangerous or unsafe manner, such work shall be immediately stopped by the owner or owner's agent. Notice to stop other than unsafe work shall be in writing and shall be given to the owner of the property or to his agent, or to the person doing the work to be stopped, and shall state the conditions under which work may be resumed. Where an emergency exists, verbal notice may be given by the Building Inspector to the owner and subsequently confirmed in writing.

5.1.13.   Revocation of Permits.

The Building Inspector shall revoke a permit or approval issued under the provisions of this act, whenever he discovers there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

5.1.14.   Issuance of Permit Not a Waiver.

The issuance of a permit shall in no case be construed as a waiver of any of the provisions of this Ordinance or of any other ordinances or regulations of the City. No permit issued shall be deemed to constitute permission or authorization to perform unlawful work nor shall any permit issued constitute a defense in an action to abate unlawful work.

5.1.15.   Unsafe Buildings.

All buildings or structures which are unsafe, unsanitary, non-compliant with any ordinances or regulations of the city, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to general public, or which in relation to existing use constitute a hazard to safety or health to the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, or are not severally in contemplation of this section are unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair, rehabilitation or by demolition in accordance with the following procedure:

1.

Whenever the building inspector shall find any building or structure or portion thereof to be unsafe as defined in this section, he shall give the owner, agent or person in control of such building or structure notice by certified mail stating the defects thereof. This notice shall require the owners within a stated time period either to make repair or improvement of the building or structure or to demolish and remove the building or structure or unsafe portion thereof.

2.

If necessary, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repair or improvement is completed, inspected and approved by the building inspector. The building inspector shall cause to be posted at each entrance to such building a notice: "THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR." Such notice shall remain posted until the needed repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other servants, to remove such notice without written permission of the building inspector, or for any person to enter the building except for the purpose of making the required repairs or for demolishing same.

3.

The owner, agent or person in control of the building or structure shall have the right, except in cases of emergency, to appeal the decision of the building inspector, as provided hereinafter, and to appear before the zoning board at a specified time and place to show cause why the building or structure in question should not be declared unsafe.

4.

In case the owner, agent or person in control cannot be found within the stated time limit, or if such owner, agent or person in control shall fail, neglect or refuse to comply with notice to repair, rehabilitate or to demolish and remove said building or structure or portion thereof, the building inspector after having ascertained the cost, shall with the consent of the mayor cause said building or structure or portion thereof to be demolished, secured or required to remain vacant.

5.

The decision of the building inspector shall be final in cases of emergency which, in his opinion, involve imminent danger to human life or health. He shall promptly cause such building, structure or portion thereof to be made safe or removed. For this purpose he may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He may vacate adjacent structures and protect the public by an appropriate fence or such other means as may be necessary and for this purpose may close a public or private way.

6.

Costs incurred under paragraphs 4. and 5. above shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.

(Ord. No. 15-29, 11-12-15; Ord. No. 21-03, 5-13-21)

5.1.16.   Floor Loads.

1.

No existing or new building shall be occupied for any purpose which will cause the floors thereof to be loaded beyond their safe capacity. The Building Inspector shall permit occupancy of a building when he is satisfied that such capacity will not thereby be exceeded.

2.

It shall be the responsibility of the owner, agent, proprietor or occupant of Group F and G occupancies (as defined by the SBCCI), or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be certified by the architect or engineer and state the safe allowable floor load on each floor in pounds per square foot uniformly distributed; which statement shall thereupon be filed as a permanent record of the Division of Permits and Inspections.

5.1.17.   Floor Load Signs Required.

In every building or part of a building used for business storage, industrial or hazardous purposes, the safe floor loads shall be marked on plates of approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building.

5.1.18.   Loads in Excess of Posted Capacity.

No such owner shall place or permit to be placed on any floor of a building a greater load than the safe load so determined and posted.

5.1.19.   Establishing Guidelines for Potential Damage to City Streets, Rights-of-Way, and Drainage During New Construction or Major Renovation.

1.

Prior to the clearing of any property for construction, the responsible individual (usually the builder) must post a damage deposit of $500.00. The maximum deposit for an individual with multiple construction sites within a city block or the same subdivision is $1,500.00.

2.

Prior to the beginning of clearing for construction, an individual from the Permits Division and the responsible individual will inspect the adjoining City-Owner property to establish its preconstruction or preclearing condition. The City employee will schedule this inspection. The property to be inspected will normally be limited to a 100 foot perimeter around any portion of the construction site.

3.

A representative of the Permits Division and the responsible individual will perform a post-construction inspection of City streets, roadside or dedicated drainageways and rights-of-way for damage, and inspect the new construction for adherence to the approved plans and specifications prior to the issuance of an occupancy permit. Any damage or non-compliance found to be caused by the permittee or his subcontractors will be recorded and the permittee notified by certified mail.

4.

Damage deemed significant or minor by the Permits Division will result in denial of an occupancy permit until such time and corrective action has been taken by the permittee or his subcontractors.

5.2.1.   Building Codes Enforced.

This Article adopts and incorporates by reference into these regulations the building codes and parts thereof as mandated for enforcement by the Louisiana State Uniform Construction Code Council.

5.2.1.1.Codes for Buildings over 35' in Height.

All standards in the codes of the International Building Code (IBC), International Residential Code (IRC), Louisiana State Plumbing Code, International Mechanical Code (IMC) and the National Electrical Code (NEC) which apply to "high-rise buildings" shall apply to all buildings over thirty-five (35) feet in height within the City of Mandeville, in addition to the normal requirements of the adopted codes as mandated for enforcement by the Louisiana State Uniform Construction Code Council.

5.2.1.2.Requirements Not Covered By Code.

Any requirement necessary for the strength or stability of an existing or proposed building or structure or for the safety of the public or occupants, not specifically covered by this code shall be determined by the Building Inspector subject to appeal to the Zoning Commission.

5.2.1.3.Alternate Materials and Alternate Methods of Construction.

The provisions of this code are not intended to prevent the use of any material or method of construction not specifically prescribed by this code, provided any such alternate has been approved and its use authorized by the Building Inspector. The Building Inspector shall approve any such alternate provided he finds that the proposed design satisfactory and complies with the provisions of Chapter 16, "Structural Design" of the International Building Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the code in quality, strength, effectiveness, fire-resistance, durability and safety. The Building Inspector shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. If, in the opinion of the Building Inspector, the evidence and proof are not sufficient to justify approval, the applicant may appeal the decision of the Building Inspector to the Zoning Commission. In order to secure benefits of new developments in the building industry for the public while insuring public safety, the Building Inspector shall make or cause to be made investigations or may accept duly authenticated reports from recognized sources of new materials or modes of construction which are intended for use in the construction of buildings or structures in this municipality and which are not provided for in this code. He shall promulgate rules setting forth the conditions under which such materials or modes of construction may be used.

5.2.1.4.Tests.

The Building Inspector may require tests or test reports as proof of compliance. Tests, if required, are to be made at the expense of the owner or his agent by an approved testing laboratory or other approved agency. Copies of such test reports or the results of all such tests shall be kept on file in the office of the Building Inspector.

5.2.2.   National Electric Code.

1.

All electrical construction, materials and appliances used in connection with electrical work, and the operation of all electrical apparatus within the City of Mandeville shall conform to the rules and requirements of the National Fire Protection Association as set forth in the most recently adopted version of the National Electrical Code, or as mandated for enforcement by the Louisiana State Uniform Construction Code Council.

2.

All wiring done by any person on or outside of any building or other structure within the corporate limits of the City shall be in full compliance with the provisions and requirements of the National Electrical Code, as adopted and amended.

5.2.3.   Grading Supplement.

The following grading criteria shall be amended as indicated:

(Ord. No. 16-09, 10-13-16)

5.2.3.1.Generally.

This section establishes the standards for fill, construction of buildings, foundations, driveways, parking lots and accessory structures within the Drainage Overlay District, within fill sub-areas A and B as defined below, and in the remainder of the City of Mandeville. Where there is a conflict between any requirements set forth herein and the Southern Building Code Congress International Incorporated Standard Excavation and Grading Code, as amended, the most restrictive shall govern.

1.

Applicability. The standards shall apply to all development and redevelopment projects requiring a permit from the City of Mandeville. For purposes of fill and grading regulated by this section, the importation, excavation, removal or movement of more than four (4 cubic) yards of soil shall require a permit.

2.

Lot Grading. Minimum top soil may be provided for landscaping and surface drainage as detailed on the Drainage Plan to be approved by the Public Works Director or City Engineer. Soil with a clay content above 30% is prohibited for this purpose. Upon determining that a development site cannot be drained by surface or subsurface drainage in accordance with the provisions of this section, the City Engineer may authorize the use of the minimum amount of non-structural fill necessary to ensure positive drainage in accordance with State law.

3.

Drainage Plan. The Drainage Plan shall be prepared and stamped by a Louisiana Licensed Civil Engineer or a Louisiana Licensed Surveyor to be approved by the Public Works Director or City Engineer and include the following:

a.

Building and structure(s) finished floor elevations.

b.

Driveway elevations.

c.

Existing and proposed site elevations which shall be shown for predevelopment and post-development conditions in sufficient detail to demonstrate that the site will drain in accordance with site and City drainage requirements during and after construction. For purposes of making this determination the Director of Public Works or the City Engineer may require additional elevation data on and adjacent to the property being developed. Temporary drainage shall be installed and evaluated following placement of form boards, but prior to the installation of underground utilities.

d.

Natural drainage patterns, existing drainage outfalls, and proposed drainage features.

e.

Pictures of the site at each property line shall also be submitted with the Drainage Plan. Proposed drainage patterns shall result in adequate slopes draining to the outfall(s) as approved by the Public Works Director or City Engineer. If a structure is less than two hundred square feet and is a distance of ten feet or greater from the property line, a Drainage Plan is not required. Director of Public Works or City Engineer may require additional information prior to approval.

4.

Hydrologic Report. Refer to section 13.3.3.1 for hydrologic report requirements.

5.

Erosion and Sediment Controls for Construction Activities. Refer to CLURO section 13.1.9 for Control of Erosion and Sedimentation.

6.

Final Certificate. At completion, a final certificate from a Louisiana Licensed Civil Engineer or Louisiana Licensed Surveyor shall be furnished by the owner stating that the improvements were performed in accordance with the Drainage Plan and the CLURO, before occupancy is granted.

7.

Compliance with Civil Code. It is the intent of these provisions to be in harmony with Civil Code Articles 646, 655 and 656, which provide that landowners may not change the natural flow of drainage such that it adversely affects neighboring properties without a comprehensive drainage plan otherwise approved by the City of Mandeville.

5.2.3.2.Drainage Overlay District and Fill Sub-Area A.

The following standards shall apply to all development falling within the mapped boundaries of the drainage overlay district as established in section 7.6.1 of this CLURO and fill sub-area A, which includes the areas located between Monroe Street, Bayou Castain, Lakeshore Drive and Galvez Street. Where the DO district overlaps with other areas described in this section 5.2.3, the provisions of the DO district shall apply.

1.

Grading and Fill. No change in elevation from natural grades shall be allowed except follows:

a.

Up to six (6) inches of fill may be placed under the perimeter of the soffit or roof line of structures to achieve positive drainage from under the structure.

b.

Existing sites may be graded, or surface or subsurface conveyances may be established to meet the City's requirement to convey water to the City's stormwater management system.

c.

Grading changes shall not have an adverse impact on adjacent properties in accordance with State law.

d.

Fill shall not be allowed within the dripline of existing trees required to remain or any vegetative protection area.

e.

For lots and development sites in the DO district that are greater than 20,000 square feet in area and located outside Fill Sub-areas A and B, fill and chain wall construction may be used under a slab foundation and the area under the principal structure is not subject to the above fill limitations. Attached garages and driveways may be established pursuant to section 5.2.3.4.1.g.

2.

Foundations and Slabs.

a.

Pile construction shall be required in V zones.

b.

Pier or pile construction allowed in other locations as long as the tops of the footings or grade beams is located at or below natural grade elevation.

c.

Slabs may be established under structures and for non-habitable spaces, provided that the top of the slab is not greater than six (6) inches above natural grade at any point.

d.

Slab construction shall not be allowed for any habitable area.

3.

Driveways.

a.

Driveways shall be built at existing grade except that driveways may be elevated no more than six (6) inches if necessary to access a garage or parking areas beneath the building and to help convey water to the City's stormwater conveyance system.

b.

Driveways shall not be located closer to the side or rear property line than five (5) feet except as needed to provide access to authorized parking spaces behind the front building line. Such driveways shall channel water to the City's drainage system.

4.

Parking Lots. No paved parking lot is allowed within the DO district without approval of a Special Use Permit. No portion of the surface of a parking lot, regardless of whether the surface is aggregate or paved, shall be elevated more than six (6) inches above natural grade.

5.2.3.3.Fill Sub-Area B.

The following standards shall apply to all development falling within Fill Sub-Area B, which includes the area between Monroe Street, Galvez Street, Florida Street and Bayou Castain. Where the DO district overlaps with this area, the provisions of the DO district shall apply.

1.

Grading and Fill. In Fill Sub-Area B, no fill shall be placed on a lot except as follows:

a.

Up to two (2) feet of fill is allowed under the roofline or soffit area. If more than two (2) feet of fill is required to comply with finished floor elevation requirements then pier or pile construction shall be used. The provisions of this paragraph shall not apply to principal structures within the Town Center (TC) zoning district.

b.

Finished floors of attached garages may be no more than one (1) foot above existing grade.

c.

Fill must taper at a no greater than a 3:1 slope and extend no more than six (6) feet from the improvement.

d.

No fill shall be allowed outside the buildable area.

e.

No fill shall be allowed around existing trees required to remain or any vegetative protection area.

f.

Fill for driveways shall not exceed six (6) inches except within sixteen (16) feet of an attached garage entry as needed to provide access.

2.

Foundations and Slabs.

a.

The lowest finished floor shall be at least twelve (12) inches above the crown of the street or the current FEMA requirements, whichever is greater within Fill Sub-Area B.

b.

Where piers are used the tops of footings or beams shall be at or below grade.

c.

Pier, pile or slab construction is allowed subject to the fill requirements in paragraph 1.

3.

Slabs for Non-Habitable Areas. For Fill Sub-Area B, slabs may be established under structures and for non-habitable spaces, provided that the top of the slab is not greater than one (1) foot above natural grade for an attached garage or six (6) inches above natural grade at any point for any other slab.

4.

Driveways.

a.

Driveways shall be built at existing grade except that driveways may be elevated no more than six (6) inches if necessary to access a garage or parking areas beneath the building and to help convey water to the City's stormwater conveyance system.

b.

Driveways shall not be located closer to the side or rear property line than five (5) feet, except as needed to provide access to authorized parking spaces behind the front building line. Such driveways shall channel water to the City's drainage system. Driveways shall not be greater than six (6) inches above grade within ten (10) feet of a side or rear property line.

5.

Parking Lots. No portion of the surface of the parking lot, whether aggregate or paved shall be elevated more than six (6) inches above natural grade except as needed for ramps to provide ADA access.

5.2.3.4.Remainder of the City.

The following standards shall apply to all development located outside the DO district and outside the Fill Sub-Areas A and B.

1.

Grading, Fill and Driveways. No fill shall be placed outside the roof line and or soffit area of the principal building or accessory structure(s) including parking lots except as provided herein.

a.

A maximum of two (2) feet of fill material is allowed under the roof line and or soffit area of the principle building without retainer methods of construction. If more than two (2) feet of fill are used, retainer methods of construction shall be required beyond the initial twenty-four (24) inches allowed.

b.

When fill material is proposed for a garage that is attached to the principle building by common wall and the roof, the finished floor elevation shall be no greater than the greater of twenty-four (24) inches above existing grade or 9.5 ft. MSL.

c.

Fill for all structures (foundations, slabs, parking, drives, structures, playground equipment and all other improvements that require fill material) shall taper from the edge of the improvement at a slope of three horizontal feet for every one vertical foot (3:1). In any case, this fill shall not extend out from any improvement or foundation more than six (6) feet.

d.

No fill shall be placed within five (5) feet of the property line.

e.

No fill shall be allowed within the dripline of existing trees that are required to remain and no fill shall be allowed in any vegetative protection zone.

f.

Driveways and detached accessory structures shall be arranged on the site in a manner that minimizes the alteration or disturbance to existing grades and natural drainage patterns. Driveways shall not be located closer to the side or rear property line than five (5) feet, except as needed to provide access to authorized parking spaces behind the front building line. Such driveways shall channel water to the City's drainage system.

g.

For lots greater than or equal to 16,000 square feet and where driveways are located a minimum of fifteen (15) feet from the side property line, the finished floor elevation of an attached garage may be the greater of either thirty-two (32) inches above grade or 9.5' MSL provided the provisions in paragraphs 1.a. of this section are met.

2.

Foundations for Habitable Areas.

a.

The lowest finished floor shall be at least twelve (12) inches above the crown of the street or the current FEMA requirements, whichever is greater.

b.

Pier, pile or slab construction is allowed subject to the fill requirements in paragraph 1.

c.

For lots in the DO district platted prior to May 1, 2015 that are greater than 20,000 square feet in area and located outside fill Sub-Area A, fill and chain wall construction may be used under a slab foundation and the area under the principal structure is not subject to any fill limitations. Attached garages and driveways may be established pursuant to section 5.3.2.4.1.g.

3.

Slabs for Non-Habitable Areas. Slabs may be established under structures and for non-habitable spaces, provided that the top of the slab is not greater than two (2) feet above natural grade for an attached garage or twelve (12) inches above natural grade at any point for any other slab.

4.

Detached Garages, other Accessory Structures Within the Buildable Area.

a.

Detached garages and accessory structures, excluding parking lots, that are located within the buildable area of the site, may have a finished floor elevation of the greater of either twenty-four (24) inches above existing grade or 9.5' MSL.

b.

For lots 16,000 square feet or larger and where driveways are a minimum of fifteen (15) feet from the side property lines, detached garages and accessory structures, excluding parking lots, that are located within the buildable area of the site, may follow the same fill and slope requirements as stated in paragraph 1.g. of this section.

5.

Detached Garages, other Accessory Structures Outside of the Buildable Area.

a.

A maximum of one (1) foot of fill material is allowed under the roof line and or soffit area of a detached garage.

b.

The finished floor elevation of such structure shall not exceed eighteen (18) inches above existing grade.

c.

When fill is proposed under any other accessory structure, fill under the structure area shall not exceed six (6) inches above existing grade.

d.

Fill for all structures (foundations, slabs, parking, drives, accessory structures, playground equipment and all other improvements that require fill material) shall taper from the edge of the improvement at a slope of three (3) horizontal feet for every one vertical foot (3:1). In any case, this fill shall not extend out from any improvement or foundation more than six (6) feet.

e.

No fill shall be placed within five (5) feet of the property line.

6.

Parking Lots. No portion of a parking lot shall be elevated more than 6 inches above natural grade.

(Ord. No. 16-09, 10-13-16)

5.2.4.   Plumbing Supplement.

The following plumbing criteria will be required by one and two-family dwellings and where there is a conflict between any requirement set forth herein and the Louisiana State Plumbing Code. The use or installation of leaded pipe of any kind is strictly prohibited.

1.

All water closets shall be on a four-inch waste in the slab.

2.

All sewer lines shall be four-inch ABS, PVC, or ductile iron.

3.

All water closets shall have a three-inch vent through the roof.

4.

No fixtures shall be vented in front of any windows.

5.

All revents shall be increased through the roof.

6.

No ½-inch vents or wastes shall have more than ½-inch P trap.

7.

All fixtures shall be vented through the roof.

8.

No fixtures on the second floor shall be wasted over any fixtures except water closets.

9.

All revents shall be carried one foot above the fixtures.

10.

All arms for sink, lavatory, laundry tray, bar sink, etc., shall not exceed thirty (30") inches.

11.

One four-inch clean out shall be required on a four-inch trunk line extended to the outside of the slab.

12.

No sanitary tee shall be used on the flat in the slab.

13.

No more than one fixture shall be on any arm, unless back to back with a twin ninety-degree ell.

14.

No sewage shall be discharged in any place except into the City's sewerage lines.

15.

All air conditioning P traps shall have tight connections and also be vented.

16.

All restaurants, diners or any other place where food is served shall have the required grease traps.

17.

Water service from the meter to the house shall be of copper or polyethylene tubing.

18.

All water supply lines to house shall have a stop and waste.

19.

All hot water heaters shall have a stop on the cold water line not more than three (3) feet from the heater.

20.

All hot water relief valves must have a drain pipe to the outside of the building.

21.

All copper tubing shall be covered when it comes in contact with steel mesh or steel rods.

22.

All fixtures shall have air chambers.

23.

No slab shall be poured up until the plumbing inspector inspects underground following written request for said inspection.

5.2.5.   Sewer and Water Supplement.

5.2.5.1.Required Connection to City Water Service.

The drilling, maintenance and use of private water wells for domestic use and human consumption within the City of Mandeville is hereby prohibited, except as provided in Chapter 17 of the Code of Ordinances.

5.2.5.2.Required Use of Public Sewers.

It is unlawful for any person to cause to be deposited in an unsanitary manner, upon public or private property, any human or animal excrement, garbage, or other objectionable waste matter. All buildings permitted under the provisions of Article 5 shall be required to install building sewers in accordance with the provisions of Chapter 17 of the Code of Ordinances.

5.2.5.3.Application for Building Sewer Permits and Connections.

It is unlawful to uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the sewer superintendent, as provided in Chapter 17 of the Code of Ordinances of the City.

5.2.5.4.Sewer and Water Impact Fees.

Sewer and water impact fees shall be paid prior to the issuance of a building permit, in accordance with the schedule set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances. All additions to existing properties will be reviewed for sewer impact and will be assessed fees according to the aforementioned schedule. The City may waive the requirement for collection of sewer and water impact fees for all existing residences or residences permitted for construction as of August 11, 1988 connecting to the newly extended sewer lines constructed under Phase I of the Sewer Improvement Program begun in 1987.

(Ord. No. 22-30, 12-15-22)

5.2.5.5.Water and Sewer Connections Fees.

The following fees for connection to City water and sewer services shall be paid at the time of application for a building permit associated with such connections. These fees shall be paid in accordance with the schedule set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

(Ord. No. 22-30, 12-15-22)

5.2.6.   Storm Drainage Supplement.

No person, firm, corporation or other legal entity shall place or cause to be placed in any public subsurface drain, swale drainage ditch, or other drainageway, any material of any form, type or nature the placement of which would alter, impede, block or otherwise detrimentally affect the rate of flow of water through said drainageway except in conjunction with the issuance of a permit by the City in conjunction with the submission by the person or entity of a drainage plan, as defined in Article 3, which meets or exceeds the minimum requirements of all provisions of this Land Use Regulations Ordinance, and all requirements of any state or federal agencies having jurisdiction over such drainageway. Whoever is found guilty of obstructing a drainageway or of placement of non-approved culverts as described herein shall be subject to the enforcement provisions of Article 1 section 1.9 of this Land Use Regulations Ordinance.

5.2.6.1.Installation of Culverts.

1.

Any person who desires to install or have installed culverts in any public drainageways or servitudes of drain shall make application to the City of Mandeville for permission to install such culverts.

2.

The Public Works Director shall determine the appropriate culvert size which may be installed by the applicant. The culvert shall be installed in accordance with the material specifications, depth and grade requirements established by the Public Works Director.

3.

Culvert installation for both residential and commercial construction shall be the responsibility of the owner and performed by his/her representative. At completion of the permitted project, a final certificate from a Louisiana Licensed Civil Engineer is required stating the installation of the culvert(s) was performed not to impede upstream or downstream drainage before occupancy is granted. The certificate shall indicate MSL inverts for the installed culvert(s) and its location on the property.

4.

Installation shall be completed within sixty (60) days of City's approval of the culvert installation or the approval shall be null and void.

5.

No person shall construct any improvement on, across, over or through a public drainageway or public servitude of drain, or any part or parts thereof, unless and until the proposed construction is approved by the Building Inspector or his designee after review by the Public Works Director or City Engineer.

6.

In all instances in which concrete parking or access facilities (such as, by way of illustration only, parking spaces, walkways, or driveways) are constructed over, across, on or through a public drainageway or public servitude of drain, said construction shall include the provision of construction or expansion joints two and one-half (2.5) feet on each side of the center line of any culverts underlying said construction. In all cases in which there are no culverts either underlying the proposed construction or to be installed in connection therewith, said construction or expansion joints shall be located within one (1) foot of the boundaries of said public drainageway or servitude of drain. The provisions of this subsection (6) shall not apply to constructions comprised entirely of earthen, gravel or shell materials.

7.

The owner of the property accessed across culverts installed in public rights-of-way shall be required to maintain said culverts in good working order, clear of obstruction and shall be required to replace culverts damaged or deteriorated to the point of requiring replacement as determined by the Director of Public Works.

8.

Culverts shall be limited in subdivisions designed with "open ditches" to ensure proper surface drainage. No more than forty (40) feet of culverting shall be allowed for each lot of record without the express written authorization of the Public Works Director of his designee.

5.3.1.   When a Building Permit is Required.

Any owner, authorized agent or contractor who desires to develop land, construct, enlarge, alter, repair, move, or demolish a structure must apply for a development permit. A permit is also necessary to install, construct, enlarge, alter, repair or move parking or driveway areas, air conditioning and ventilating systems, electrical systems, plumbing and gas piping systems, sprinkler and fire extinguishing systems, elevators, signs, incinerators, furnaces and boilers or any and all appurtenances which are regulated by this Ordinance. Any person who causes any such work or installation to be done shall first make application to the Building Inspector and obtain the required permit for the project prior to beginning of any work other than preliminary site investigation that does not disturb regulated trees.

5.3.2.   Special Approvals Required Prior to Permits.

Permit applications for uses requiring special approvals in conjunction with Administrative Permits, Special Use Permits, and Conditional Use Permits shall not be approved until the required special approvals have been obtained.

5.3.3.   General Procedure for All Permit Applications.

Each application for a permit along with the required fees shall be filed with the Building Inspector on a form furnished by him, and shall contain a description of the proposed work and its location. The application shall be signed by the owner of the property on which the work is proposed or his authorized agent. Each application for a permit shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other information as may be required by the Building Inspector.

5.3.4.   General Requirements for Development Permit Applications.

Plans and specifications sufficient to fully describe the work proposed in conjunction with an application for a development or other permit shall be required to be submitted for approval prior to the issuance of a development or other permit. A building permit shall not be issued unless these plan requirements are met.

1.

The required plans and specifications shall include the location of the proposed structure and any existing structure on the property.

2.

The site plan shall show the parking layout, including driveways and other vehicular use areas, subsurface and surface drainage facilities, finished floor grades and existing sanitary sewer and water and gas mains and all other information required by the provisions of Article 9.

3.

A boundary survey, prepared by a licensed surveyor, may also be required, as well as street center elevation and existing and proposed elevations of the perimeter of the structure.

4.

If planting is required as provided in Article 9 of these Regulations, the survey or site plan shall show the general location of all existing vegetation and the location of existing trees to be preserved and their size in diameter breast height (dbh). If planting is required, a detailed landscape plan as required by the provisions of Article 9 shall be submitted with specifications designating by name, size and location the plant material to be installed and/or the existing trees and plant material to be preserved in accordance with these regulations.

5.

Computations, strain and stress diagrams and other data prepared by a registered architect or a professional engineer necessary to show the correctness of the plans shall accompany the plans and specifications when required by the Building Inspector.

6.

Every reference to these regulations in specifications or on drawings shall be to the Article or sub-article applicable to the material to be used or to the method of construction proposed.

7.

Upon receipt of the required permit fees and a complete application, plans and specifications filed by an applicant for a permit, the Building Inspector shall review and call upon the required individuals to review the application as soon as possible. When such plans and specifications are found to be in conformity with the requirements of this Article and all other applicable laws or ordinances, the Building Inspector shall issue a permit for the specified construction.

8.

Design Civil Engineer/Architect/Landscape Architect who seals the plans for the site design (including drainage) shall certify at the end of construction that the project was built in conformance with the approved site plan, and complies with the provisions of the CLURO. A Certificate of Occupancy shall not be issued prior to the plan being certified.

9.

Design Guidelines Applicability: Design Guidelines shall apply to the new building construction, exterior renovations and modifications which require a building permit in B-1, B-2, B-3, B-4, I, O/R, PM-1, and PM-2 zoning districts.

5.3.5.   Waiving of Requirement for Submittal of Plans.

If, in the opinion of the Building Inspector, the character of the work is sufficiently described in the application, he may waive the filing of plans provided the cost of such work does not exceed five thousand ($5,000.00) dollars. The whole building or group comprising a unified development plan shall be considered one project and the work cannot be broken into units under five thousand ($5,000.00) dollars to have each considered as a separate project to evade the provisions of this code.

5.3.6.   Amendment of Permit Documents.

It shall be unlawful to erase, materially alter or modify any lines, figures, letters, works or coloring contained upon any such drawings, specifications or computations filed with or stamped by the Building Inspector. If during the process of the execution of such work it is desired to deviate in any manner from the terms of the applications, plans or specifications or statement of cost of work, which deviation would affect the construction or other essentials of the buildings, notice of such intention to alter or deviate shall be given in writing to the Building Inspector, and his written assent shall be obtained before such alterations or deviations may be made. If such change or deviation affects the construction of structural parts of the building or structure or its classification or its grade of occupancy, new plans of the structure shall be submitted to the Building Inspector for approval and, if necessary, an additional permit shall be secured.

5.3.7.   Conditions Attached to a Building Permit.

1.

No permit of any kind shall be issued for any other related work involving new construction, additions or relocated buildings or structures until the original building permit is issued.

2.

The Building Inspector shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of these regulations, nor shall a permit prevent the Building Inspector from requiring correction of errors in plans or in construction or violations of this code. The issuance of a permit should in no way be construed as a guarantee, warranty or otherwise that said construction, alterations, etc., will be or have been performed in conformance with the ordinances and regulations of the City of Mandeville, and no liability shall rest with the City to any applicant for said permit, owner, contractor or otherwise.

5.3.8.   Abandonment and Extension of Building Permits.

If construction has not commenced, an application for a permit for any proposed work shall be deemed to have been abandoned ninety (90) days after issuance of the permit unless work under the permit has commenced or a written extension of thirty (30) days is obtained from the Building Inspector before the expiration of the 90 days following issuance of the permit, subject to a penalty and inspection fee of forty ($40.00) dollars. Extensions shall only be granted for good cause shown and no more than two (2) extensions shall be permitted. A permit shall become null and void twelve (12) months from the date of issuance unless substantial progress, as defined by this Article, has been made on the permitted work. Building permits can be canceled and refunds of application fees will be made if no work has been done on the property for which a permit has been requested, subject to a penalty and inspection fee of forty ($40.00) dollars. For long term projects, the Building Inspector shall define what progress should be made within a twelve-month period to constitute "substantial progress", to be attached as a condition of permit approval. For short-term projects expected to take less than twelve months to complete, permit expiration periods less than twelve (12) months in duration shall be defined according to and agreement with the applicant. If the drawings and specifications submitted with a permit application do not conform to the requirement of these regulations, the Building Inspector shall not issue a permit but shall return the drawings to the applicant with his refusal to issue such permit. If requested within fifteen (15) days of mailing of notice of refusal, the refusal shall be in writing, containing the reasons for refusal of the permit.

5.3.9.   Adequate Waste Disposal for each Building Site During Construction.

1.

Adequate waste disposal must be provided for each building site starting with the commencement of construction, as determined by the Building Inspector.

2.

It shall be unlawful for any person to load or unload, pile or stack, any wood, logs and any building material upon the shoulder of any part of a City street or Right-of-Way, thereby obstructing in any manner the normal drainage or use of that street, without first receiving permission from the City's Planning Department.

5.3.10.   Action on Application for a Building Permit.

A permit shall be issued if the Building Inspector is satisfied that the work described in the permit application and the drawings and specifications filed with the application conform to the requirements of these regulations and other pertinent laws and ordinances. When the Building Inspector issues a permit, all parties required to approve the permit shall endorse in writing or stamp the set of plans "Approved."

5.3.11.   Inspections—General.

Inspections required under the provisions of this Article shall be made by the Building Inspector or a duly appointed assistant. The Building Inspector may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of this Article shall be issued on such reports unless the same are in writing and certified to by an authorized representative of such service.

5.3.12.   Inspections Required.

The Building Inspector shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required and a final inspection shall be made of every building or structure upon completion, prior to the issuance of the Certificate of Occupancy, as required in this Article.

5.3.13.   Minimum Inspections Required.

The permit holder shall be required to notify the Building Inspector or request the required inspection at least twenty-four (24) hours in advance. (Holidays and weekends shall not be included in the 24-hour period.) The Building Inspector upon notification from the permit holder or his agent shall make the following inspections when applicable to the type of permit issued, and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with the law:

1.

Site Clearing Inspection. Prior to issuance of a Clearing Permit or Development Permit to inspect trees required to be preserved and required tree barriers.

2.

Foundation Inspections. When the foundation and basic plumbing is in place, and before a slab type foundation may be poured.

3.

Rough-In Inspection. When framing is complete and prior to closing walls.

4.

Sub Inspections. When plumbing extensions, electrical wiring, heating and cooling and other mechanical systems are roughed in.

5.

Paving Inspection. When forms are in place and prior to pouring vehicular use areas and flatwork (not required for single- and two-family residential).

6.

Landscaping Inspection. When required landscaping is installed (not required for single- and two-family residential).

7.

Final Inspection by State Fire Marshall. As required.

8.

Final Inspection. Completion of the structure and all work including electrical, plumbing, air-conditioning and heating is required prior to final inspection. Final Inspection and approval of all work by the Building Inspector is required prior to the issuance of a Certificate of Occupancy or occupancy of the structure inspected.

5.3.14.   Inspection and Approval.

No work shall be done on any part of a building or structure beyond the point indicated in each successive inspection without first obtaining the approval of the Building Inspector. Such approval shall be recorded on the inspection card only after an inspection shall have been made of each successive step in the construction as indicated by each of the foregoing inspections.

5.3.15.   Prohibition of Concealing in any Manner.

No reinforcing steel or structural frame work of any part of any building or structure shall be covered or concealed in any manner whatsoever without first obtaining the approval of the Building Inspector.

5.3.16.   Approval to Apply Plaster.

In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the Building Inspector after all lathing and backing is in place. No plaster shall be applied until the approval of the Building Inspector has been received.

5.4.1.   [Permits Required.]

There are nine (9) types of permits required to be issued for work covered by the provisions of this Land Use Regulations Ordinance as follows:

1.

Development Permit.

2.

Electrical Permit.

3.

Plumbing Permit.

4.

Mechanical Permit.

5.

Public Improvement Permit (Culverts, sidewalks, sewer and water extension).

6.

Sign Permit.

7.

Demolition Permit.

8.

Moving Permit.

9.

Special Permit.

5.4.2.   Development Permits.

1.

A development permit covers any man-made alterations to real estate or land and includes the following elements which are required to be addressed in the permit documents if applicable to the proposed development: (a) Clearing, (b) Grading and Paving, (c) Landscaping, (d) Building (and Building Renovations), and (e) Accessory Structures. One development permit may be issued, which includes all elements of development required to be permitted under the category of development permit, except for electrical, plumbing and mechanical work that requires a separate permit, or a separate permit may be obtained for each element of development requiring permitting. When the application for a development permit includes one or more of the types of development required to be separately permitted as listed below, all of the submittal documents and fees required for each of the types of development included and all inspections required for each of the individual development types will be included under the one development permit except for plumbing, electrical and mechanical work which shall be issued a separate permit.

2.

If work is proposed to be done, which was not included in an overall development permit or if, subsequent to the development of the site, additional work is proposed, a separate permit shall be required for each type of development work proposed. Clearing, Grading and Paving, Landscaping and Residential Accessory and Renovation permits shall not be issued except in conjunction with the issuance of a Building Permit for a principal structure or subsequent to the issuance of a permit for construction of the principal structure on the site, except in the case of a permit to construct a commercial or public parking lot on a site when such parking lot is to be the principal use of the site. Development permits for major renovations and non-residential accessory structures are required to meet all the applicable requirements of a building permit for new construction. Major renovations are renovations where the construction costs exceed five thousand ($5,000.00) dollars.

3.

Development permits for the construction of buildings fall within several Building Permit categories as follows:

5.4.3.   Development Permit Application Requirements for Single-Family Residences and Two-Family Residences.

The following items must accompany any application for a permit for the construction of single-family or two-family residences or major renovations of such developments:

1.

Completed Permit Form.

2.

Survey. One (1) certified copy signed by a Registered Land Surveyor which depicts the dimensions of the site and identifies any utility servitudes or rights-of-way that may effect the building setback requirement. Any existing structures must be shown on the survey.

3.

Tree Preservation Plan. A depiction of the site identifying the location of all trees proposed and/or required to be preserved under the provisions of Article 9, infra.

4.

Site Plan. Fully dimensioned including all building setbacks, required parking spaces, and existing structures.

5.

Complete set of building plans. This includes, but is not limited to:

a.

Floor plans (square footage must be noted).

b.

Foundation plans.

c.

Roofing plan.

d.

Elevations of all sides.

e.

All details required to fully describe construction.

6.

Drainage Plan [see section 5.2.3].

7.

Any other information determined to be required by the Building Inspector, Public Works Director, or Planning Director in order to document compliance with the requirements of these regulations for the issuance of the requested permit.

8.

For construction in FEMA Flood Zones A or V, a flood elevation certificate is required before authorization for the provision of permanent electrical service will be issued for building.

9.

Permit and inspection fees as required.

10.

Plumbing, electrical and mechanical plans shall be submitted and shall be sufficient to describe all work. A separate permit shall be required for plumbing, electrical and mechanical work.

5.4.4.   Development Permit Application Requirements for Non-Residential and Multi-Family Development.

The following items shall accompany any application for a permit for multi-family or non-residential construction such as commercial or industrial development, combined use developments and any major renovation to these facilities.

1.

Completed Permit Form.

2.

If the application requests a clearing permit - a plan showing all trees to be preserved on the site (See Article 9).

3.

Landscape Plan. A landscape plan is required if existing trees to be preserved are not sufficient to meet the requirements of these regulations or if any additional planting is required (see Article 9). Tree protection barriers protecting existing trees to be preserved must be in place prior to the issuance of the clearing or building permit, if clearing is done in conjunction with the construction of a building.

4.

Fire Marshal Approval (of building plans).

5.

Grading and Paving Plan.

6.

Boundary Survey of Site.

7.

Site Plan. Site plan shall be fully dimensioned and drawn to scale showing all applicable items as required (see Article 9 for parking and landscape requirements, Article 7 for district yard requirements and Article 8 for special use requirements when applicable).

8.

Complete set of Building Plans (approved by Fire Marshall) including:

a.

Foundation plan.

b.

Floor plans (square footage of area by use must be noted).

c.

Elevations of each side.

d.

Details and sections to fully describe construction of building.

e.

Specifications for construction.

9.

Drainage Plan. Drainage plans shall provide finished floor elevations, existing and proposed site elevations, defining direction of surface and sub-surface runoff, fully describing all proposed sub-surface drainage features and including any additional information required by the Public Works Director or the City Engineer. The drainage plan shall be approved by the Director of Public Works or a duly authorized designee. All development(s) over one (1) acre shall require a drainage plan and hydrologic report showing pre-development and post-development watershed calculations. (See section 5.2.3)

10.

Connections to City and other utility services. The utility plan shall be submitted for the approval of the Director of Public Works or an authorized designee.

11.

Fees. All applicable fees shall be paid prior to the issuance of the permit as provided in this Article.

12.

Any other information determined to be required by the Building Inspector, Director of Public Works, Planning Director or the City Engineer in order to document compliance with the requirements of these regulations for the issuance of a permit.

13.

If structure is located in a FEMA flood zone A or V, a flood certificate shall be submitted to insure proper elevation.

14.

Plumbing, Mechanical and Electrical Plans. Electrical, plumbing and mechanical plans shall be sufficient to describe all work and a separate permit shall be required to be obtained for plumbing, electrical and mechanical work.

15.

Sign Plan. A completed sign application with a signage plan designating the type and color of signage must be submitted for the entire site of all commercial developments. Individual tenant sign applications shall not be accepted until this requirement is met.

5.4.5.   Application Requirements for Development Permits for Residential Renovations and Accessory Uses.

An application for a permit for minor residential renovations and residential accessory use on single- and two-family residential developments is required for the following:

1.

Construction of accessory buildings/structures including but not limited to:

a.

Garages and Carports.

b.

Greenhouses.

c.

Pools and Patios.

d.

Tennis courts.

e.

Play Structure.

f.

Fences (residential and non-residential).

2.

Remodeling or renovating when electrical wiring, plumbing or structural change of the building is effected. A structural change includes extending a foundation slab to build increasing square footage of living area or extending living area into previously open areas including, but not limited to:

a.

Garage enclosures.

b.

Patio or Porch enclosures.

c.

Addition to house or accessory buildings.

d.

Bay window, fireplaces or any extensions or protrusions of exterior walls.

e.

Decks, wooden or other.

3.

Required permit application items for the referenced construction:

a.

Boundary survey of the property with existing structures.

b.

Site plan depicting the existing and proposed structures and other site features in relation to property lines.

c.

Set of building plans showing proposed changes and additions to the extent necessary to fully describe the work being done and how it connects with any existing structures.

d.

Any other information determined to be required by the Building Inspector, Public Works Director or Planning Director in order to satisfy the requirements of these regulations for the issuance of a permit.

e.

Permit and inspection fees as required.

5.4.6.   Requirements for Public Improvement Permits.

A public improvements permit shall be required, except when installed by the City, prior to the installation of public improvements such as culverts, sidewalks, and extensions of water and sewer lines. Plans adequate to fully describe the public improvements work shall be submitted to the Building Inspector and reviewed by the Director of Public Works prior to the issuance of a public improvements permit.

5.4.7.   Requirements for Moving Permits.

A moving permit shall be required prior to the relocation of any principal building or accessory structure from an existing location. Plans adequate to fully describe the moving shall be submitted to the Building Inspector and reviewed by the Director of Public Works and the Chief of the Mandeville Police Department prior to the issuance of a moving permit. The following items shall accompany any application for a moving permit:

1.

Completed Permit Application.

2.

Approved building or renovation permit including a new foundation in the scope of work.

3.

Boundary surveys of the existing and proposed sites.

4.

Site Plan. Site plan shall be fully dimensioned and drawn to scale showing all structures and buildings and their existing and proposed locations.

5.

Travel route map. A detailed map of the proposed route of travel.

6.

Time schedule. A detailed time schedule stating the proposed beginning and ending times that the building or structure would be traveling on the public roadways.

7.

Estimated total weight of the moving apparatus including the weight of the structure or building.

8.

Any other information determined to be required by the Building Inspector, Director of Public Works, Planning Director, City Engineer or the Chief of Police in order to document compliance with the requirements of these regulations for the issuance of a permit.

5.5.1.   General Structure of Fees for Development Permits for Buildings.

1.

Building permit fees shall be based upon the under-beam square footage of the construction, addition, repair or alteration unless the estimated construction cost is less than $5,000.00, in which case the fees shall be calculated using a forty ($40.00) dollar charge for each required inspection.

2.

There shall be a Plan Review Fee for all Building Permits, which shall be fixed at ten (10) percent of the Building Permit fee payable upon submission of the application for permit, and shall be non-refundable.

5.5.2.   Fees for Development Permits.

Fees for all development permits shall be based on the under beam square footage or as stated above for building construction costs.

1.

A minimum permit fee shall be charged for any work governed by the requirements of these regulations. This fee is set in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

2.

For all such work, except minor renovations and accessory structures costing less than five thousand dollars ($5,000.00), the Building Permit fee shall be calculated as set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances for single-, two-family, and townhome dwellings as defined by the currently enforced edition of the International Residential Code. The fee for commercial, multi-family, and combined use structures shall be calculated as set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

3.

Demolition. The permit fee for demolition of any building or structure is set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

4.

Moving Building. The permit fee for moving a building or structure across or along any street or streets, or alley or alleys, is set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

5.

In addition to the above fee for moving, a penalty of one thousand ($1,000.00) dollars may be charged for each day the building being moved obstructs a street or alley. Also, additional fees may be charged by the Police Department and/or any public utility companies who might incur expenses as a result of the proposed move.

6.

The permit fee collected will be turned over by the Building Inspector to the Finance Director.

7.

Building Permit Fee Rebate Offered for Remediation of Tainted Drywall in Structures. On renovation work performed to remediate a structure of tainted drywall, as defined in section 3.3.246, a reduction of seventy-five (75) percent may be applied to the building permit fee required in Section 5.5.2(2) of the Comprehensive Land Use Regulations Ordinance (CLURO) of the City of Mandeville.

a.

In order to qualify for the above rebate, a copy of the submitted Assessment Review Form from the St. Tammany Assessor's Office shall be provided along with all of the supporting documentation required by the Assessor show the presence of tainted drywall in the structure.

b.

The provisions of this ordinance shall expire on December 31, 2011, or until additional action is taking by the City of Mandeville City Council regarding the subject hereof, whichever is sooner.

(Ord. No. 22-30, 12-15-22)

5.5.3.   Required Building Permit Fees for Minor Remodeling and Renovation.

A permit is required for remodeling or renovating when electrical wiring, plumbing or structural change of the building is effected. A minimum fee as set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances for each required inspection shall be charged when the value of such renovation is less than five thousand dollars ($5,000.00) in cost of construction. Separate permits shall be required for any electrical, mechanical, or plumbing work which may be performed. The Building Inspector shall perform such inspections as he may deem necessary to assure that work under the permit is constructed in accordance with the requirements of these regulations.

(Ord. No. 22-30, 12-15-22)

5.5.4.   Required Fees for Sign Permits.

Required fees for sign permits shall be paid in accordance with the requirements of Article 10 Sign Code of this Ordinance.

5.5.5.   Required Fees for Tree and Shrub Removal Permits for Other Than R-1, R-1X and R-2 Districts.

For each required inspection, permit fees for landscape installations and tree and shrub removal shall be set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances. A minimum permit fee set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances will be required to process applications for landscape installation, construction or tree and shrub removal. Landscaping inspections and inspection fees shall be in accordance with the provisions of Article 9.

(Ord. No. 22-30, 12-15-22)

5.5.6.   Required Fee for Clearing Permit.

A permit fee set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances shall be charged for a separate clearing permit or for the inspection of site clearing work when done in conjunction with a building permit, which may only be issued in conjunction with a development permit for construction of a building.

(Ord. No. 22-30, 12-15-22)

5.5.7.   Required Fees for Single- and Two-Family Residential Accessory Use Permits.

The permit fee for single- and two-family residential accessory structure for work listed above shall be:

1.

The minimum fee for any accessory permit shall be set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances forty dollars ($40.00).

2.

Fees for permits for accessory structures such as, but not limited to, pools, fences, or masonry walls; storage buildings and detached structures; fixed or movable marquees and awnings; the fee shall be set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances for each required inspection.

(Ord. No. 22-30, 12-15-22)

5.5.8.   Required Fees for Electrical, Mechanical, Plumbing, and Fuel Gas Permits and Inspections.

The required fees for electrical, mechanical, plumbing, and fuel gas permits shall be set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

(Ord. No. 22-30, 12-15-22)

5.5.9.   Fees for Public Improvement Permits.

Fees for all public improvement permits shall be set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

(Ord. No. 22-30, 12-15-22)

5.6.1.   Requirement for Certificate of Occupancy.

No new building shall be occupied and no change in the individual or entity occupying a building or part of a building shall occur until the Building Inspector and any other official required to inspect the building shall have conducted any required inspections and the Building Inspector has issued a Certificate of Occupancy approving occupancy of the structure.

5.6.2.   Certificate of Occupancy for New Construction.

Upon completion of a building hereafter erected in accordance with approved plans, and after the final inspection herein referred to and upon application therefor, the Building Inspector shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, and that the proposed use is found to be in conformity with the provisions of these regulations. Within three (3) days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Building Inspector to make a final inspection thereof and to issue a Certificate of Occupancy if the building or part thereof, development site and the proposed use thereof are found to conform with the provisions of this Ordinance; or, if such certificate is refused, to state refusal in writing with the cause. No permanent utilities may be connected until a Certificate of Occupancy is issued.

5.6.3.   Temporary Certificate of Occupancy.

A temporary Certificate of Occupancy may be issued for that portion of a building which may safely be occupied prior to final completion of the building or for the testing of mechanical and electrical equipment prior to occupancy. A temporary Certificate of Occupancy may be issued for a specific period of time not exceeding six (6) months and the expiration date of the certificate shall be noted clearly on the certificate.

5.6.4.   Certificate of Occupancy for Existing Building.

A certificate for the occupancy of an existing building shall be obtained by applying to the Building Inspector and supplying the information and data necessary to determine compliance with these regulations and with the provisions of the International Building Code (IBC) and the International Residential Code (IRC) for the occupancy intended. Where necessary, in the opinion of the Building Inspector, one (1) set of detailed drawings or general or specific inspections or both may be required. When upon examination and inspection and receipt of payment for cost of inspection as specified herein, it is found that the building conforms to the provisions of these regulations for such occupancy, a Certificate of Occupancy shall be issued by the Building Inspector.

5.6.5.   Records to be Maintained by Building Inspector.

A record of all Certificates of Occupancy, building permits, applications, sketches and plans shall be maintained in the office of the Building Inspector for a minimum of seven (7) years and maintained beyond that time for as long as space allows.

5.8.1.   Registration of Contractors.

To the extent permitted by law, the Mayor and City Council shall have the power and authority to require the registration of persons who desire to engage in building or construction work, including the construction, alteration, repair of demolition of buildings or other structures, and the construction of landscape improvements upon such terms and conditions and upon payment of such fee therefore as the Mayor and City Council shall deem appropriate; and it shall be unlawful for any person to engage in such work until he has obtained the registration as required herein.

Application and Issuance. Applications for registration shall be made to the Building Inspector, on forms provided by the Building Inspector. If the application is accompanied by the appropriate fee and if there is no violation of any state law or City Ordinance in the application, the registration may be issued.

5.8.1.1.General Contractor/Subcontractor License Requirement.

1.

All persons and entities performing work as a general contractor or subcontractor in any trade or for any purpose including but not limited to residential and commercial construction, electrical, mechanical, plumbing, fuel gas, signage, and landscaping shall be licensed by the appropriate state agency governing the licensure of the specific trade for which the person or entity is engaging in work. This requirement for licensure shall have no minimum contract dollar amount, and the person or entity shall only claim exemption provided that the work being performed is on the primary residence of said person or entity. Each general contractor or subcontractor shall show proof of a current state license upon application for or renewal for a registration by the City and prior to engaging in work as a general contractor or subcontractor within the City of Mandeville.

2.

Any contractor having been continuously registered with the City of Mandeville for a period of one (1) year prior to the enactment of this ordinance, and having pulled at least five (5) permits during the 2009 calendar year, shall be allowed to renew their registration with the City for 2010, without holding a current state issued license. This exemption from state licensure shall cease for all individuals and entities on December 31, 2010.

5.8.1.2.Sign Contractor Registration Requirement.

1.

No person shall engage in any business or activity described in Article 10 without complying with the terms of the following requirements.

2.

Every person commercially engaged in constructing, erecting, installing, maintaining or operating outdoor advertising, advertising structures, advertising signs, painted signs on structures, signboards or similar devices, whether as a primary or incidental activity, and whether or not such person is otherwise registered by the City, shall obtain a sign contractor's registration and pay a fee as the Mayor and City Council shall deem appropriate.

3.

In addition to the general sign contractor's registration requirement, electrical signs may only be installed by an electrician registered with the City.

(Ord. No. 23-19, Exh. A, § 1, 6-8-23)

5.8.1.3.Landscape Contractors Registration.

Landscape contractors and landscape maintenance firms shall be required to be licensed in accordance with state laws and City Ordinance.

5.8.1.4.Self-Contractor.

All persons desiring to be a self-contractor shall be registered in accordance with City Ordinance. Self-contractors shall be allowed to claim exemption from state licensure by signing an affidavit supplied by the City stating that he/she understands that Louisiana law under R.S. 37:2150-2192 requires that for this proposed construction activity, that the work must be performed by a person possessing a contractors license issued by the State Contractors Licensing Board; however he/she is claiming to be exempted from the requirement of having this work performed by a licensed contractor based on one of the exemptions stated in the statute. These exemptions include the following:

1.

He/she will serve as the builder/contractor, will maintain the house as their personal residence, and he/she has not built another house within the past year.

2.

He/she will serve as the builder/contractor, will maintain the house as their personal residence, has built another house within the past year, but has had a legal change in his/her marital status within the same year.

3.

He/she will serve as the builder/contractor, will maintain the house as their personal residence, has built another house within the past year, but has had a change in employment, such that the distance between their former house and the place of employment is at least fifty (50) miles.

4.

He/she understands that if a Home Improvement Contractor is hired when the contract value exceeds $7,500.00, the contractor must have complied with the Home Improvement Registration Act.

5.

All persons or entities hired by a self-contractor to perform work on the subject property must be registered in accordance with City Ordinance as a contractor or subcontractor and as such must possess a current license issued by the appropriate state governing authority.

5.8.1.5.Fees and Renewal.

All registrations shall expire at 4:30 PM on December 31st, and any registrant shall have until 4:30 PM on January 31st to renew its registration without penalty. After 4:30 PM on January 31st, all registrations shall be considered to be initial registrations. The fees for registration shall be set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

(Ord. No. 22-30, 12-15-22)

5.8.1.6.Revocation or Suspension of Registration.

1.

Each violation and each separate day a violation of this article continues shall be considered a separate and distinct offense. It shall be a violation of this article for any person, individual, partnership, corporation, firm, association or other entity to:

a.

Falsely hold himself or a business organization out as a registered contractor.

b.

Falsely impersonate a registered contractor.

c.

Falsely present himself as a registered contractor under another person's license or registration.

d.

Give false or forged evidence to the City of Mandeville, or other associated persons or groups, for the purpose of obtaining permits, certificates or registrations.

e.

Use or attempt to use a certificate, license or registration which has been suspended or revoked.

f.

Engage in business and/or act in the capacity of a contractor without being duly licensed or registered.

g.

Commence or perform work for which a building/zoning/landscaping/sign permit is required by local law without such permits being issued.

h.

Proceeding on any job without first obtaining applicable inspections.

i.

Knowingly hire or perform work for a person or organization that is not duly certified, registered or licensed to do contract work.

j.

Violating a "Stop Work" order.

2.

Before a registration may be revoked or suspended, the registrant shall have notice in writing enumerating the charge(s) against him and be entitled to a hearing by the City Council no sooner than ten (10) days from notice being sent by certified mail to the last known mailing address of the registrant. The registrant shall be given an opportunity to present testimony, oral or written. The decision of the City Council shall be based upon the evidence produced at the hearing and made part of the record thereof.

3.

It shall be the duty of the Building Inspector to report such violations to the City Council.

4.

When a registrant has been suspended two (2) times within a ten (10) year period, any subsequent action because of any of the violations listed in this section shall include revocation of such registration.

5.

Any person or persons, or any officer, department, board, bureau or any other agency of the community jointly or severally aggrieved by any decision of the City Council, regarding the suspension or revocation of a contractors registration through this process, may present to the Civil District Court of the parish, within thirty (30) days after filing of the decision of the Council with the Council Clerk, a writ of certiorari asking for such relief and under such rules and regulations as are provided for such matters in appropriate legislation of the State.

6.1.1.   Determination of Use Classifications.

In the event of any question as to the appropriate use classification of any existing or proposed use or activity, the Planning Director or Designee shall have the authority to determine the appropriate classification, subject to the right of appeal as provided elsewhere in these regulations. In making such determinations, the Zoning Commission shall consider the characteristics of the particular use in question, and shall consider any functional, product, service, or physical facility requirements common with or similar to uses cited as examples of use classifications.

6.1.2.   List of Determinations.

The Zoning Commission shall maintain a list of all determinations made pursuant to the above section and shall annually recommend to the City Council additions, deletions, or revisions to the use classifications to reflect contemporary usage and terminology, and to minimize ambiguity.

6.1.3.   Broad and Specific Use Classifications.

The list of use classifications is divided into seven broad use classification categories as follows: 6.2 Residential Use Classifications, 6.3 Civic Use Classification, 6.4 Commercial Use Classifications, 6.5 Industrial Use Classifications, 6.6 Agricultural Use Classifications, 6.7 Combined Use Classifications, and 6.8 Accessory Use Classifications. Within each broad use classification category are listed the specific use classifications within the broader categories.

6.1.4.   Classifications of Use Combinations—Same Site.

When two or more individual establishments on the same site fall within the descriptions of different use classifications, each establishment shall be classified separately into its respective use type.

6.1.5.   Classification of Use Combinations—Same Establishment.

When several principal uses falling within the descriptions of different use classifications are conducted by one individual establishment, management or institution on one development site all such principal uses shall be classified in the use type whose description most closely portrays the overall nature of the establishment.

6.1.6.   Change of Use.

A change of use shall occur when the nature of the use conducted on the site changes from a use described within one specific use classification to a use described within another specific use classification whether or not each of the two use classifications fall within the same or different broader use classification categories. A change of use shall occur whether or not the name or ownership of the establishment changes if the nature of the use conducted by the establishment changes from one specific use classification as described to another specific use classification as described. Furthermore, a change of use may not occur even when the occupancy of a structure changes from one establishment to another establishment if the description of the uses of both establishments falls within the description of the same specific use classification.

6.1.7.   Definitions of Terms in Use Classifications.

The following is a list of words and terms utilized in the classification of uses provided herein:

6.1.7.1.Adult Arcade.

An establishment in which, for any form of consideration, adult material is presented to or is available for exclusive viewing by five or fewer persons.

6.1.7.2.Adult Bookstore.

An establishment that possesses adult material as more than five (5%) percent of its inventory or stock-in-trade and that offers such material for sale or rental for any form of consideration.

6.1.7.3.Adult Cabaret.

A nightclub, bar, restaurant, or similar establishment that regularly features, shows, presents or displays adult material on its premises.

6.1.7.4.Adult Encounter Establishment.

An establishment in which for any form of consideration, two or more persons may congregate, associate or consort for the purpose of engaging in an adult encounter service. This section shall not apply to any of the following:

1.

A hotel, motel or similar establishment offering public accommodations; or

2.

Any church or any recognized and established school, as defined under the provisions of La. R.S. 14:106; or

3.

Any medical clinic, hospital, or consulting or treatment offices of any physician, psychologist, psychiatrist or similar medical practitioner licensed by the State of Louisiana; or

4.

Any athletic club, health club, holistic health care center, gymnasium, reduction salon, spa or similar establishment in which massage or similar manipulation of the human body is offered as an incidental or accessory service.

6.1.7.5.Encounter Service.

Any practice or activity involving the exposure, touching or stimulation of the genitals, buttocks, or female breast of any person for any form of consideration. As used in these regulations, the term "adult encounter services" shall be applied to any activity that meets the definitions set forth in this section whether or not, as a matter of law, such activity is or could be classified as pornographic, obscene or as any other violation of law.

6.1.7.6.Adult Material.

As used in these land use regulations, adult material shall consist of movies, films, motion pictures, video tapes, video discs, slides, photographs, or other medium of visual representation; or live performances, exhibitions or presentations; or books, papers, pamphlets, magazines, periodicals or publications which are characterized by an emphasis upon the depiction or description of any of the conduct or activities set forth and described in the provisions of Louisiana Revised Statutes Title 14, Chapter 1, part VI, Sub-part C, and in that portion thereof designated as sub-paragraphs (2)(b) and (3) of paragraph A of Section 106 [La. R. S. 14:106 A (2)(b), (3)], or as such provisions may hereafter be amended, re-enacted or redesignated from time to time, or shall consist of any instruments, devices or paraphernalia that are designed or marketed for use in connection with any such conduct or activities. As used in these regulations, the term "adult material" shall be applied to any material that meets the definition set forth in this section whether or not, as a matter of law, such material is or could be classified as pornographic or obscene.

6.1.7.7.Adult Theater.

A theater, concert hall, auditorium, or similar establishment characterized by activities featuring adult material available for viewing by six or more persons.

6.1.7.8.Amusement Arcade.

A building or part of a building in which five or more pinball machines, video games, or other similar player-operated amusement devices are maintained.

6.1.7.9.Auto Salvage Yard.

The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima-facie evidence of an auto salvage yard.

6.1.7.10.Boarding House.

Any dwelling in which more than three (3) persons but less than fifteen (15) persons are provided with sleeping facilities and where meals, served family-style without service or ordering of individual portions from a menu, or lodging and meals, are provided for compensation by previous arrangement.

6.1.7.11.Boatel.

A building or group of buildings which contains living or sleeping accommodations used primarily for transient occupancy and which is immediately accessible by boat.

6.1.7.12.Car Wash.

An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, polishing, or waxing of light motor vehicles.

6.1.7.13.Child Care Center.

A building or structure where care, protection and supervision are provided, on a regular schedule, at least twice a week to more than six children.

6.1.7.14.Clinic.

A building designed and used for the medical, psychological or chiropractic diagnosis and treatment of human patients that does not include overnight care facilities.

6.1.7.15.Club or Lodge (Private).

The buildings and facilities owned and operated by a group of people organized for a common purpose to pursue common goals, interest or activities, usually characterized by certain membership qualifications, payment of fees and dues, regular meetings and a constitution and by-laws.

6.1.7.16.Conditional Use.

A land use that requires Council approval by ordinance in designated zoning districts and which is subject to the requirements of all applicable City and state regulations and any conditional requirements as deemed appropriate by the City Council in approval of the use.

6.1.7.17.Congregate Housing.

A building or buildings designed or used in whole or in part to provide, for compensation, the housing of persons desiring or in need of special services such as 24-hour emergency assistance. Such facilities may furnish services to their permanent residents similar to those services furnished by hotels, including accessory uses such as home health services, meals, maid and linen services, grocery and drug stores and banking services, provided such uses are located in and accessed from entirely within the facility with no direct entrance from the street nor visibility from the outside of the facility indicating the existence of these services. Congregate housing includes elderly housing.

6.1.7.18.Dockmaster Facility.

An accessory structure for a marina, which may be a caretaker facility for room and board or a day use facility to monitor the use of a marina.

6.1.7.19.Dormitory.

A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.

6.1.7.20.Dry Cleaning Plant.

An industrial establishment providing dry cleaning services in volume for commercial establishments with personal service pick-up stations or other commercial establishments requiring the dry cleaning services, such as uniform services.

6.1.7.21.Dwelling Unit.

One or more rooms physically arranged so as to create an independent and separate housekeeping establishment for occupancy by one family with separate sleeping and toilet facilities and a single facility for cooking.

6.1.7.22.Elderly Housing.

Congregate housing facilities occupied by persons 62 years or older or in the case of multiple occupancy by spouses, where at least one of the spouses is 62 years of age or older with the exception of handicapped adults over 18 years of age whose disability requires the amenities and services of an elderly housing facility. Nursing, rest and convalescent homes providing personal care facilities to non-ambulatory patients are not considered congregate housing facilities.

6.1.7.23.Event Center.

A public facility for performances, displays, meetings, receptions and convocations.

6.1.7.24.Funeral Home.

A structure used and occupied by a professional licensed mortician for burial preparation and similar services.

6.1.7.25.Garden Center.

An establishment for the retail sale of plants, plant care and maintenance products and tools.

6.1.7.26.Group Home for the Handicapped.

A dwelling unit shared by four or more handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. As used herein, the term "handicapped" shall mean having: 1) a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; 2) a record of having such an impairment; or 3) being regarded as having such an impairment. However, handicapped shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals or whose tenancy would result in physical damage to the property of others. The term "group home for the handicapped" shall not include an alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

6.1.7.27.Home Occupation.

Any business or commercial activity carried out for financial gain within a dwelling unit by the occupant of the dwelling unit, provided the activity (a) is clearly incidental and subordinate to the use of the dwelling unit as a residence; (b) is carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling; (c) is located in a residential district; and (d) is in conformance with the regulations for home occupations as provided.

6.1.7.28.Home Occupation Permit.

A written agreement between the City and a resident who wishes to establish a home occupation at a private residence in accordance with the Special Use Criteria for Home Occupations as provided in Article 8. Said permit shall establish the extent and duration of the home occupation as well as grant permission for the proposed use.

6.1.7.29.HospitalorSanitarium.

A building for the care of mentally or physically ill or infirmed individuals in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.

6.1.7.30.Hotel.

A building or group of buildings designed for guestrooms or dwelling units intended primarily for automobile transients, each unit having a separate entrance opening out-of-doors or into a foyer, with parking space provided on the lot for use by guests of the hotel, operation of such hotels to be supervised by a person in charge at all hours. The definition of hotel includes auto-courts, motels, motor courts, motor hotels, and motor-inns.

6.1.7.31.Institution.

A building or group of buildings designed or used for non-profit, charitable or public service purposes. Institutions may provide board, lodging or health care for aged, indigent or infirmed persons, or may provide educational or religious services to the general public.

6.1.7.32.Junk.

Old, dilapidated, scrap or abandoned metal, paper, building materials and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles and parts thereof or other waste that has been abandoned from its original use and may be used again in its present or in a new form.

6.1.7.33.Junkyard.

A parcel of land on which junk is collected, stored, salvaged, or sold.

6.1.7.34.Land Use, Commercial.

An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee as opposed to the public land use and defined in Article 3 herein.

6.1.7.35.Light Vehicles.

Vehicles weighing no more than a standard pick-up truck.

6.1.7.36.Lodge, Fraternal Order or Club.

A hall or meeting place of a local branch or the members composing such a branch of a fraternal order or society, such as the Lions, Masons, Knights of Columbus, Moose, American Legion or other similar organization. Serving food is permitted, and the sale of alcoholic beverages is subject to review by the Zoning Commission and to all applicable federal, state and City regulations.

6.1.7.37.Manufacturing.

Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and the blending of materials such as oils, plastics, resins or liquors.

6.1.7.38.Nursing Home (see also Institutional Housing).

A home for the aged, chronically ill or incurable persons in which three or more persons not of the same immediate family are received, kept or provided with food and shelter for compensation, not including hospitals, clinics or similar institutions that are devoted to the diagnosis and treatment of the sick or injured.

6.1.7.39.Office.

A room or group of rooms used for conducting the day-to-day affairs of a business, profession, service, industry or government.

6.1.7.40.Permitted Use.

A land use that is classified in a specific zoning district without conditions for review by the zoning commission or by the City Council.

6.1.7.41.Plant Nursery.

Land or structures used to store flowers, shrubs and plants primarily in containers, and other gardening associated products, for sale in retail or wholesale trade.

6.1.7.42.Repair, Major.

Any alterations to the primary mechanical components or body parts of automotive or mechanical equipment.

6.1.7.43.Repair, Minor.

Those activities necessary for the routine maintenance of automotive or mechanical equipment.

6.1.7.44.School, Vocational-Technical, Trade or Industrial.

A public or private establishment offering training to students in the skills required for the practice of trades, technical enterprises and industrial occupations.

6.1.7.45.Ship's Store.

An accessory use in a marina, for the sale of articles for the operation and routine maintenance of private recreation boats.

6.1.7.46.Sorority/Fraternity Residence.

A dwelling or dwelling unit maintained exclusively for sorority or fraternity members and their guests or visitors, affiliated with an academic or professional college, university or other educational institution.

6.1.7.47.Reserved.

6.1.7.48.Reserved.

6.1.7.49.Theater.

A building or part of a building devoted to showing motion pictures or for dramatic, musical or other live performances before an audience.

6.1.7.50.Transit Depot.

Areas designated as primary transfer points in public transit routes or reserved for hired transportation.

6.1.7.51.Wholesale Trade.

Establishments that are primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers, or acting as agents or brokers, buying merchandise for or selling merchandise to such individuals or companies.

6.2.1.   Single-Family Residential.

The use of a site for only one (1) dwelling unit, other than a mobile or manufactured home.

6.2.2.   Cluster Residential.

A residential development where a reduction in individual residential lot area and dimensional requirements does not increase the density or total number of units permitted for the tract as a whole and where the remaining land area that results from grouping the dwellings is dedicated to common or public open space or the preservation of environmentally sensitive areas.

6.2.3.   Duplex Residential.

The use of a site for two dwelling units, other than a mobile homes, within a single building.

6.2.4.   Two-Family Residential.

The use of a site for two dwelling units, other than mobile homes, each in a separate building.

6.2.5.   Townhouse Residential.

The use of a site for two or more townhouse dwelling units, constructed with common or abutting walls and with each unit located on a separate subdivided parcel of ground within the total development site, providing for the individual ownership of each unit and the parcel of ground upon which it rests, as well as the direct or indirect ownership by all the unit owners on a proportional, undivided basis the common areas and facilities serving all dwelling units within the townhouse group.

6.2.6.   Condominium Residential.

The use of a site for a building or group of buildings forming a series of attached dwelling units constructed with common or abutting walls and located on a commonly owned site, where the units are owned individually and the land, structure(s), common areas and facilities are owned directly or indirectly by all the unit owners on a proportional, undivided basis.

6.2.7.   Multiple-Family Residential.

The use of a site for three (3) or more dwelling units, within one (1) or more buildings including condominium and cluster residential.

6.2.8.   Congregate Living Residential.

The use of a site for three or more dwelling units within one or more buildings in conjunction with a communal kitchen/dining facility and other personal services provided for the convenience of the residents of the site only. Typical uses include congregate housing facilities such as elderly housing and group homes for handicapped and retirement communities with a communal kitchen/dining facility.

Congregate living developments may furnish services to their permanent residents similar to those services furnished by hotels, including accessory uses such as home health services, meals, maid and linen services, grocery and drug stores and banking services, provided such uses are located in and accessed from entirely within the facility with no direct entrance from the street nor visibility from the outside of the facility indicating the existence of these services.

6.2.9.   Community Residential.

The use of a site for the providing of residential living accommodations on a weekly or longer basis for individuals not in need of personal care facilities within a structure with one (1) communal kitchen/dining facility for groups of more than six (6) persons not defined as a family. Typical uses include fraternity or sorority houses, dormitories, residence halls, retirement homes, cooperatives, halfway houses or boarding houses. Community Residential developments may furnish services to its permanent residents similar to those services furnished by hotels, including accessory uses such as home health services, meals, maid and linen services, grocery and drug stores and banking services, provided such uses are located in and accessed from entirely within the facility with no direct entrance from the street nor visibility from the outside of the facility indicating the existence of these services.

6.2.10.   Mobile Home Residential.

The use of a site for the residential occupancy of mobile home units. Typical uses include mobile home parks, mobile home subdivisions, or mobile home condominiums.

6.2.11.   Accessory Residential.

A residential structure, other than a mobile home or a portable building, accessory to the principal commercial, institutional or industrial use on the same site. Typical uses include living quarters for the residential manager of a warehousing facility or the caretaker responsible for 24-hour supervision of a building or principal use.

6.2.12.   Boathouse Residential.

Residential living unit containing a minimum of 600 square feet of living area constructed partially over the edge of land or over water within a boat slip or dock.

6.3.1.   Administrative Services.

The use of a site for offices, administrative, clerical or public contact services, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, parish and City offices.

6.3.2.   Cemetery.

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

6.3.3.   Club or Lodge.

A use providing meeting, recreational, or social facilities for a private or non-profit association, primarily for use by members and guests. Typical uses include private social clubs and fraternal organizations but exclude any residential uses or sale of goods or services for profit.

6.3.4.   College and University Facilities.

The use of land for an educational facility which offers a course of study associated with the issuance of a degree and typically including classroom and lab facilities, research services, housing facilities, parking facilities and recreational amenities.

6.3.5.   Community Parking Facilities—Surface and Single-Story.

The use of a site for publicly owned or privately owned parking services including single-story parking garages and parking lots that serve the public at large and for which no fee is charged for use by the public.

6.3.6.   Community Parking Facilities—Multi-Story Structures.

The use of a site for publicly owned or privately owned parking services within structures that accommodate two or more vertical levels of parking that serve the public at large and for which no fee is charged for use by the public.

6.3.7.   Community Recreation.

The use of a site for public or private recreational, social, or multi-purpose uses typically associated with parks, playfields, golf courses, swimming and tennis facilities and community recreation buildings or public open space.

6.3.8.   Convalescent Services.

A use providing bed care and in-patient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services, and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable diseases.

6.3.9.   Cultural Services.

A library, museum, performing arts center or similar registered non-profit organizational use performing or displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

6.3.10.   Day Care Centers, Preschools, Nursery Schools (Public).

A state licensed and non-profit organization operating a facility providing supervisory or day care services to children or adults, excluding overnight care and public or private primary and/or secondary educational facilities. A day care center at a religious institution providing services at times other than in conjunction with the primary use (for religious purposes) of the site shall be considered a public day care center.

6.3.11.   Essential Services.

Uses which are necessary to support principal development and involve only minor structures such as lines and poles, phone booths, fire hydrants, bus stops, benches, mailboxes and other similar essential facilities.

6.3.12.   Guidance Services.

A use providing counseling, guidance, recuperative, or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar condition, on a daytime care basis.

6.3.13.   Group Care Facilities.

The use of a site to provide living accommodations in facilities authorized, certified, or licensed by the state to provide room, board and personal care in a facility with one (1) communal kitchen/dining facility for more than six individuals not defined as a family who are unable to care for themselves due to physical disability, mental disorder or for dependent or neglected children, excluding those uses classified as Major Impact Services and Utilities. Typical uses include nursing homes, alcohol and drug rehabilitation facilities and intermediate care facilities.

6.3.14.   Hospital Services (General).

A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

6.3.15.   Hospital Services (Limited).

A facility providing medical, psychiatric, or surgical services for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration and services to out-patients, employees or visitors.

6.3.16.   Major Impact Services and Utilities.

Municipal or private services and utilities which have substantial impact. Typical uses are sanitary landfills, airports, railroad lines, detention and correctional institutes, mass transit waiting stations or turnarounds, and included spectator sports and entertainment with a capacity for 300 or more, such as large exhibition halls or sports stadiums.

6.3.17.   Minor Impact Utilities.

Municipal or private utilities which have a local impact on surrounding properties and are necessary to provide essential services. Typical uses are sewerage lift stations, electrical and gas distribution substations, and radio, microwave, and telephone transmitters.

6.3.18.   Postal and Parcel Delivery Services.

Mailing services and processing as traditionally operated or leased by the United States Postal Service and includes United Parcel Service and other similar facilities.

6.3.19.   Public and Private Primary Educational Facilities Including Kindergarten, Elementary, Middle and Junior High School.

A public, private or parochial school offering instruction at the kindergarten, elementary, middle, and junior high school level in the branches of learning and study required to be taught in the public schools of the state of Louisiana.

6.3.20.   Public and Private Secondary Educational Facilities Including Senior High School.

A public, private or parochial school offering instructions at the senior high school levels in the branches of learning and study required to be taught in the public schools of the state of Louisiana.

6.3.21.   Public Recreation and Park Services.

Publicly owned and operated parks, playgrounds, recreation facilities and open space.

6.3.22.   Public Safety Services.

The providing of public protection by a district or entity pursuant to fire, life, and safety code sections together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and ambulance services.

6.3.23.   Religious Assembly.

Religious services involving public assembly such as customarily occur in synagogues, temples, and churches, but excluding day care facilities except when provided in conjunction with the primary use of the site.

6.4.1.   Administrative and Business Offices.

Offices or private firms or organizations which are primarily used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction, and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with administrative office services.

6.4.2.   Adult Uses.

Establishments in which adult materials constitute a substantial portion of the stock-in-trade, entertainment or performances or adult encounter establishments.

Inclusion in these land use regulations of a classification of adult uses is intended for the purpose of reasonable and proper regulation of land uses within the City of Mandeville. The inclusion of adult uses in this classification of land uses is not intended in any way to announce, establish or describe the contemporary standards of this community regarding any specific use which is defined herein as an adult use. Nothing herein shall in any way limit or prevent the City of Mandeville or any other governmental agency or unit with appropriate jurisdiction from regulating or prohibiting any adult uses to the extent permitted by law or from enforcing any laws or ordinances relative to any conduct or activity that may be defined by these regulations as an adult use.

6.4.3.   Agricultural Sales and Services.

Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include nurseries, hay, feed and grain stores, and tree service firms.

6.4.4.   Art and Craft Studio (Limited).

A use involving the production of works of art by individuals and their assistants, not to exceed one (1) assistant per individual, and the incidental sale to consumers of these works produced on site. Such use shall be placed and operated in such a manner that the adjoining property owners or tenants are not inconvenienced by external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff.

6.4.5.   Art and Craft Studio (General).

A use involving the production of works of art by individuals and the incidental sale to consumers of those works produced, limited to the use of hand tools or domestic mechanical equipment not exceeding two horsepower or a single kiln not exceeding 8 kilowatts.

6.4.6.   Animal Kennels.

Boarding and care services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels and dog training centers.

6.4.7.   Animal Sales and Services (Limited).

Retail sales, veterinary services, outdoor kennels, grooming, and boarding when totally within a building, of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, small animal clinics, dog bathing and clipping salons, and pet grooming shops but excluding outdoor kennels and uses for livestock and large animals.

6.4.8.   Animal Sales and Services (General).

Veterinary services and boarding for livestock, horses or large animals. Typical uses include boarding stables for horses not owned by the occupants of the premises, and veterinary hospitals for livestock and large animals.

6.4.9.   Automotive and Equipment (A&E) Services—Washing.

Washing and cleaning of automobiles and related light equipment. Typical uses include auto laundries, car washes or auto detail services.

6.4.10.   A & E Services—Fuel Station.

Fuel dispensing stations, primarily self-serve, with lubricants and associated automotive products for self dispensing. Typical uses include self-serve stations and fuel islands in conjunction with convenience stores.

6.4.11.   A & E Services—Auto Service Station.

Any premises where fuel and other petroleum products are sold to light vehicles and/or light maintenance activities such as engine tune-ups, lubrication, motor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body/fender work are conducted.

6.4.12.   A & E Services—Truck Service Station.

Stations for the provision of fuel, lubricants and associated products, servicing and minor repairs, truck washing and driver related services such as food and lodging. Typical uses are truck stops.

6.4.13.   A & E Services—Commercial Parking - Surface and Single-Story.

Parking of motor vehicles in parking lots or single-story parking structures on a temporary basis within a privately owned off-street parking facility, other than accessory to a principal use. Typical uses include commercial parking lots or parking garages for automobiles.

6.4.14.   A & E Services—Commercial Parking—Multi-Story.

Parking of motor vehicles in structures that accommodate two (2) or more vertical levels of parking on a temporary basis within a privately owned off-street parking facility, other than accessory to a principal use.

6.4.15.   A & E Services—Sales and Rentals.

Sale or rental of automobiles, non-commercial trucks or trailers, capable of being pulled by automobiles, motorcycles, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships, motorcycle dealerships, boat, trailer and recreational vehicle dealerships, auto and trailer rental agencies and taxicab parking, dispatching and fleet storage.

6.4.16.   A & E Services—Equipment Sales.

Sale or rental of trucks of one (1) ton or greater capacity, tractors, construction equipment, agricultural implements, mobile homes, and similar heavy equipment, including incidental storage, maintenance, and servicing. Typical uses include truck dealerships, construction equipment dealerships, and mobile home sales establishments.

6.4.17.   A & E Services—Auto and Equipment Repair (Enclosed).

Repair of automobiles, trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts in an enclosed area screened from view of any adjacent streets or property. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excluding dismantling or salvage.

6.4.18.   A & E Services—Repair.

Repair and storage of automobiles, motorcycles, recreational vehicles, boats, trucks, tractors, 134 construction equipment, agricultural implements, and similar heavy equipment. Typical uses include auto repair facilities in unenclosed areas, truck repair garages, tractor and farm implement repair services, and machine shops, but exclude dismantling and salvage.

6.4.19.   A & E Services—Vehicle Storage (Enclosed).

Storage of operating or non-operating vehicles, recreation vehicles and boats in an enclosed area screened from view of any adjacent streets or property. Typical uses include storage of private parking tow-away or impound yards, short term storage of towed vehicles awaiting insurance claims adjustment, storage of recreation vehicles and boats, excluding dismantling or salvage.

6.4.20.   Building Maintenance Services.

Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services.

6.4.21.   Business Support Services—General.

Establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to business firms (not individuals), but excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms.

6.4.22.   Business Support Services—Limited.

Establishments primarily engaged in the provision of services of a clerical, employment, protective, or minor processing nature to business firms rather than individuals, where the storage of goods other than samples is prohibited, no more than two (2) vehicles are stored overnight, where no more than six (6) vehicles are dispatched, and no vehicles greater than two (2) ton rated capacity shall be stored or dispatched. Typical uses include secretarial services, telephone answering services, or blueprint services.

6.4.23.   Business or Trade School.

A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or public or private educational facility.

6.4.24.   Commercial Recreation—Indoor Sports.

Establishments or places of business primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators within an enclosed building. Typical uses include athletic clubs, bowling alleys, billiard parlors, ice and roller skating rinks, amusement arcades, electronic video games and indoor racquetball courts.

6.4.25.   Commercial Recreation—Outdoor Sports.

Establishments or places of business primarily engaged in the provision of sports or recreation facilities in open, partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and outdoor racquetball courts.

6.4.26.   Commercial Recreation—Indoor Entertainment.

Predominantly spectator and participant uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls, bingo halls, event centers and dance and reception halls.

6.4.27.   Commercial Recreation—Outdoor Entertainment.

Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, racing facilities, and amusement parks.

6.4.28.   Communications Services.

Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as Major Impact Utilities. Typical uses include television studios, telecommunication service centers or telegraph service offices, and film and sound recording studios.

6.4.29.   Construction Sales and Services.

Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware; but excludes those classified as one of the Automotive and Equipment Services use types. Typical uses include building materials stores, tool and equipment rental or sales, or building contractors.

6.4.30.   Construction Sales and Services (Enclosed).

Construction sales and services uses as described herein conducted entirely within an enclosed area screened from view of any adjacent streets or property.

6.4.31.   Consumer Repair Services.

Establishments primarily engaged in the provision of repair services, conducted entirely within an enclosed area, for individuals and households rather than firms, but excluding Automotive and Equipment Services use types. This use classification does not include any outdoor storage of appliances or equipment. Typical uses include small appliance and washer repair shops, watch or jewelry repair shops, or musical instrument repair shops.

6.4.32.   Convenience Storage.

A building or group of buildings in a controlled access compound consisting of individual, small, self-contained units that are leased or owned primarily for the storage of the personal effects and household goods of individuals and for storage of materials for the operation of businesses located elsewhere, excluding materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. Incidental uses in convenience storage facilities may include the repair and maintenance of stored materials, excluding automobiles or other vehicles, by the tenant but in no case may storage spaces function as an independent retail, wholesale, business or service use. In addition, spaces shall not be used for workshops, hobby shops, manufacturing, or similar uses and human occupancy of said space shall be limited to that required to transport, arrange, and maintain stored material. Typical uses include mini-warehousing.

6.4.33.   Day Care Centers—Commercial.

Private for-profit businesses, whether licensed by the state or not to provide daytime care of children or adults, excluding overnight care and public or private primary and/or secondary educational facilities. Typical uses include child care centers.

6.4.34.   Exterminating Services.

Services related to the eradication and control of rodents, insects, and other pests with incidental storage on lots other than where the service is rendered.

6.4.35.   Financial Services.

Institutions licensed, and regulated by state or federal regulations primarily engaged in providing financial and banking services. Typical uses include banks, homesteads, savings and loan institutions, stock and bond brokers, loan and lending activities, and similar services.

6.4.36.   Food Sales.

Establishments primarily engaged in the retail sale of food or household products for home consumption. Typical uses include grocery stores (including the sale of alcohol in containers for off-premises consumption) where (a) revenue from the sale of groceries comprises at least 51% of the gross income of the establishment, and (b) at least 51% of the total display or shelf space is devoted to products other than alcohol. Typical uses include grocery stores, delicatessens, meat markets, retail bakeries, and candy stores.

6.4.37.   Funeral Services.

Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

6.4.38.   General Retail Sales (Convenience).

An establishment for the sale or rental of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically herein. Typical uses include apparel stores, or establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics, and specialty items; apparel, jewelry, fabrics, and like items; cameras, photography services; household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts, antiques, interior decorating services, office supplies; and bicycles.

6.4.39.   General Retail Sales (General).

An establishment for the sale or rental of commonly used goods and merchandise for personal or household use excluding those uses specifically classified herein. Typical uses include department stores, discount stores, or establishments providing the following products or services: paint, wallpaper, carpeting and floor covering; and automotive parts and accessories, excluding service and installation.

6.4.40.   General Retail Sales (Bulk).

A general retail establishment engaging primarily in the sale or rental of large and/or bulky items such as household appliances or home furnishings which require a greater square footage of retail area for display of merchandise than general retail establishment.

6.4.41.   Lodging (Transient)—Short-Term Rental.

Rental of all or any portion thereof of a residential dwelling unit for dwelling, lodging or sleeping purposes with duration of occupancy of less than thirty (30) consecutive days. Hotels, motels, and other land uses explicitly defined and regulated in this section separately from short-term rentals are not considered to be short-term rentals. A short-term rental is further defined as follows [in subsections 6.4.42—6.4.42.3].

(Ord. No. 19-34, 2-13-20)

Editor's note— Ord. No. 19-34, adopted Feb. 13, 2020, repealed the former § 6.4.41 and enacted a new § 6.4.41 as set out herein. The former § 6.4.41 pertained to bed and breakfast inn lodging (transient).

6.4.42.   Lodging (Transient)—Bed and Breakfast Residence.

An owner-occupied dwelling unit having no more than one (1) culinary facility and no more than two guestrooms where short-term lodging with continental breakfast only is provided for compensation by the owner/operator of the residence.

6.4.42.1.Lodging (Transient)— Short-term Rental: Bed and Breakfast Residence.

An owner-occupied dwelling unit having no more than two (2) guestrooms where short-term lodging is provided for compensation by the owner/operator of the residence who shall be present during the guest's stay.

(Ord. No. 19-34, 2-13-20)

6.4.42.2.Lodging (Transient)—Short-term Rental: Bed and Breakfast Inn.

A dwelling unit, having no more than six (6) guestrooms for short-term lodging, provided for compensation and where the operator of the inn is a resident on the premises and shall be present during the guest's stay.

(Ord. No. 19-34, 2-13-20)

6.4.42.3.Lodging (Transient)—Short-term Rental: Whole House Rental.

A dwelling where short-term lodging is provided to one (1) party of guest for compensation by the owner of the residence where the owner's presence on the premises is not required during the guest's stay.

(Ord. No. 19-34, 2-13-20)

6.4.43.   Lodging (Transient)—Campground.

Camping facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents. Typical uses include recreation vehicle parks.

6.4.44.   Lodging (Transient)—Hotel/Motel.

A facility offering transient lodging accommodations on a daily or weekly rate to the general public with or without providing additional services, such as restaurants, meeting rooms, and recreational facilities available to guests of the facility or the general public. Typical uses include hotels, motels, and transient boarding houses.

6.4.45.   Laundry Services—Coin-Operated.

Establishments primarily engaged in the provision of coin-operated laundry machines to the general public with or without the incidental provision of laundry processing services for individuals by an attendant in the facility.

6.4.46.   Laundry Services—Neighborhood.

Establishments primarily engaged in the provision of laundering and pressing services for individuals at the site of a laundry and dry cleaning pick-up station where dry cleaning services are provided at an off-premises dry cleaning plant.

6.4.47.   Laundry Services—Commercial.

Establishments primarily engaged in the provision of laundering services for commercial establishments and for off-premises laundry pick-up stations. Typical uses include bulk laundry, diaper services, or linen supply services.

6.4.48.   Marine Services—Boat Fuel Area.

An area for the storage and dispensing of oil and fuel for the servicing of recreational boats, which does not exceed 20,000 gallons in storage capacity and meets all state and federal safety guidelines.

6.4.49.   Marine Services—Boat Sales/Service.

Establishments for the sale, rental, servicing and routine maintenance, including cleaning and minor topside painting only, of recreational boats and accessories for recreational purposes. Typical uses include boat sales and service facilities.

6.4.50.   Marine Services—Boat Repairs.

Establishments for the repair of recreational boats including the painting of boat bottoms, entirely within an enclosed facility and including a boat lift not to exceed twenty-five (25) tons in capacity.

6.4.51.   Marine Services—Commercial and Charter Fishing.

Private establishments providing facilities for the docking and departure of commercial and charter fishing, shrimping or crab boats including accessory parking facilities.

6.4.52.   Marine Services—Incidental Storage.

Facilities, located on the same premises with marina facilities and utilizing 20% or less of the total premises, for the dry storage of recreational boats and the storage of personal effects of individuals when such facilities are provided as an incidental service to the tenants of marina boat slips.

6.4.53.   Marine Services—Marinas.

A boat basin or harbor for renting to the general public of recreational boat moorings and the mooring of official craft, including incidental uses such as marine sanitation devices, sanitary restrooms and dock master facilities.

6.4.54.   Marine Services—Retail.

Establishments for the retail sales of marine associated items including fresh seafood, bait and tackle, boat hardware and equipment, ice, soft drinks, foodstuffs and alcoholic beverages, subject to licensing requirements. Typical uses include ship's stores, chandlery, sail lofts, dockside convenience stores and retail seafood stores.

6.4.55.   Marine Services—Restaurants/Transient Lodging.

Establishments providing for the preparation and service of food for on-premises consumption at tables and/or transient lodging, located adjacent to, and accessible to patrons by, a navigable waterway and including the provision of temporary mooring facilities for patrons arriving by boat as well as parking facilities for patrons arriving by vehicle and including the delivery of seafood for consumption on the site by means of the navigable waterway. Typical uses include boatels and waterfront restaurants.

6.4.56.   Marine Services—Yacht Clubs.

A private community recreation facility accessible by water or associated with a marina facility either on the premises or in close proximity.

6.4.57.   Medical Services.

Establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis and treatment, or rehabilitation services provided by physicians, dentists, nurses and other health personnel, as well as the provision of medical testing and analysis services, but excluding those medical services classified as any civic or residential use. Typical uses include medical offices, dental laboratories, or health maintenance organizations.

6.4.58.   Medical Laboratory and Non-patient Services.

Establishments conducting medical tests and providing other medical support services that do not involve on-site patient visits.

6.4.59.   Mixed Use.

A use including residential and non-residential primary uses on a single lot or within a single development plan area. Primary uses are those that occupy a substantial percentage of the floor area, but not less than ten (10) percent, are viable without the other uses and independently accessible.

6.4.60.   Personal Improvement Services.

Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services of a nonprofessional nature. Typical uses include secretarial schools, driving schools, health or physical fitness studios, reducing salons, dance studios, personal computer training, handicraft and hobby instruction.

6.4.61.   Personal Services.

Establishments or places of business primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, shoe repair shops, or dry cleaning and laundry pick-up stations.

6.4.62.   Research Services.

Establishments primarily engaged in research of an industrial or scientific nature which is generally provided as a service or which is conducted by and for a private firm, but excludes medical testing and analysis and product testing. Typical uses include electronics research laboratories, environmental research and development firms, or pharmaceutical research labs.

6.4.63.   Restaurants—Drive-In.

A retail outlet where food or beverages are sold and served, to a substantial extent, for consumption by customers in parked motor vehicles and where the food order is placed from an individual station at the parked vehicle.

6.4.64.1.   Restaurants—Limited Service with Drive Thru.

An establishment which offers quick food service, accomplished through a limited menu of items already prepared and held for service, or prepared, fried or griddled quickly, or heated in a device such as a microwave oven. Orders are not taken at a customers' table and food is generally served in disposable wrapping or containers. Drive through service delivers food or beverages to customers in motor vehicles through drive-up windows.

(Ord. No. 21-25, Exh. A, 12-16-21)

Editor's note— Ord. No. 21-25, Exh. A, adopted Dec. 16, 2021, repealed the former § 6.4.64 and created new §§ 6.4.64.1 and 6.4.64.2. The former § 6.4.64 pertained to "restaurants—fast-food" and derived from Ord. No. 15-11, §§ 1—3(Exh. A), adopted June 25, 2015.

6.4.64.2.   Restaurants—Limited Service.

An establishment which offers quick food service, accomplished through a limited menu of items already prepared and held for service, or prepared, fried or griddled quickly, or heated in a device such as a microwave oven. Orders are not taken at a customers' table and food is generally served in disposable wrapping or containers. Establishments may not deliver food or beverages to customers in motor vehicles at drive-up windows.

(Ord. No. 21-25, Exh. A, 12-16-21)

Editor's note— (See editor's note at § 6.4.64.1)

6.4.65.   Restaurants Limited Service—Outdoor.

A limited service restaurant establishment without indoor seating where prepared food is sold for consumption either off the premises or on the premises in outdoor seating areas provided by the establishment for the use of patrons. Typical uses include snow ball stands and sandwich shops.

(Ord. No. 21-25, Exh. A, 12-16-21)

6.4.66.   Restaurants—Sit-Down.

A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in non-disposable containers, where the customer consumes these foods while seated at tables or counters where alcoholic beverages may be served to dining patrons from a service bar (not accessible to patrons) and where there typically is not a rapid turnover of clientele. Special events center services considered to be allowed accessory uses to sit-down restaurants.

6.4.67.   Restaurants—Sit-Down with Lounge.

A sit-down restaurant establishment utilizing up to 25% of area accessible to patrons as a lounge for the serving and consumption of alcoholic beverages.

6.4.68.   Swap Meets—Enclosed.

The display, exchange, barter, or sale of new or used common household items or office equipment and furnishings, entirely within an enclosed structure or screened from view of any adjacent streets or property, on a regular basis. Typical uses include flea markets where clothing, personal effects, household furnishings, and household appliances are sold or otherwise exchanged.

6.4.69.   Swap Meets—Unenclosed.

A swap meet conducted in an unenclosed area visible from the street right-of-way or adjacent property.

6.4.70.   Shopping Center.

An integrated group of three (3) or more commercial establishments that are planned, owned and/or managed as a unit.

6.4.70.1.Shopping Center—Neighborhood.

A Shopping Center consisting of uses permitted within the district in which it is located and a maximum of 15,000 square feet of gross leasable area.

6.4.70.2.Shopping Center—Minor.

A Shopping Center consisting of uses permitted within the district in which it is located and between 15,000 and 100,000 square feet of gross leasable area.

6.4.70.3.Shopping Center—Major.

A Shopping Center consisting of uses permitted within the district in which it is located and greater than 100,000 square feet of gross leasable area, or a multi- or single-tenant commercial building with more than 100,000 square feet located with a Commercial Unit.

6.4.71.   Special Events Center.

A privately owned building or site that is available to be rented, leased or commissioned to accommodate gatherings of people for events, including, but not limited to weddings, convocations, celebrations, fundraisers or wakes, whether conducted within, outside or both inside and outside a building as a principal or accessory use.

6.4.72.   Reserved.

6.4.73.   Tavern—Bar or Lounge.

Any premises where the principle business is the sale of alcoholic beverages at retail for consumption on the premises, where minors are excluded therefrom by law, and where incidental service of food may or may not occur, provided an excess of 25% of the patron area is used for the consumption of alcoholic beverages. Typical uses include cocktail lounges and piano bars.

6.4.74.   Tavern—Night Club.

A tavern in which a dance floor or dance area is provided for patron use.

6.5.1.   Basic Industrial.

A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or scrap and salvage operations engaged in the storage, sale, dismantling or other processing of used, source separated, or waste materials which are not intended for reuse in their original form, or a use engaged in storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Typical uses include dry cleaning plants, auto salvage and junk yards.

6.5.2.   Custom Manufacturing.

Establishments, in an enclosed area without outside open storage of materials or equipment, primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment not exceeding two horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, woodworking and candle-making shops or custom jewelry manufacturing and instructional studios for similar arts and crafts.

6.5.3.   Light Manufacturing (Enclosed).

A use, conducted entirely within an enclosed area and with any outside storage of materials or equipment screened entirely from view of any adjacent streets or property, engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial uses. Typical uses include millworks and automotive body shops.

6.5.4.   Light Manufacturing (Open).

Light manufacturing establishments as described under Light Manufacturing (Enclosed) which are conducted outside of fully enclosed facilities.

6.5.5.   Old Town Manufacturing.

Those light manufacturing uses similar to those listed below which do not create any danger to health and safety in surrounding areas and which do not create any offensive noise, vibration, smoke, dust, lint, odor, heat or glare, than that which is generally associated with light industries of the types specifically permitted below and which are engaged in the manufacture, predominantly from previous prepared materials, of finished projects or parts, including processing, fabrication, assembly, treatment, and packaging of such projects, and incidental storage, sales, and distribution of such projects, but excluding basic industrial uses and automotive body shops or automotive uses. Uses shall be conducted entirely within an enclosed area. Any outside storage of materials or equipment, including vehicles shall be screened from view of any adjacent streets or property.

1.

Manufacture of assembly and sale of medical and dental equipment, draft, optical, and musical instruments, watches, clocks, toys, games, and electrical or electronic apparatus.

2.

Beverage blending or bottling, bakery products, candy manufacture, dairy products, and ice cream, distilling of beverages but no fruit and vegetable processing and canning, packing and processing of fish, meat, and poultry products, or slaughtering of poultry or animals.

3.

Manufacture of furniture, boxes, cabinets, doors, windows, baskets, and other wood products of similar nature. Typical uses include millworks.

4.

Compounding of cosmetics, toiletries, drugs and pharmaceutical products.

6.5.6.   Research Services—Hazardous.

Establishments engaged in research of an industrial or scientific nature which is generally provided as a service or which is conducted by and for a private firm, including medical testing and analysis, and product testing. Typical uses include bio-medical research and testing of materials that are hazardous or produce hazardous by-products.

6.5.7.   Resource Extraction.

A use involving the on-site extraction of surface or subsurface mineral products or natural resources. Typical extractive uses are quarries, borrow pits, sand and gravel operations, oil and gas extraction, and mining operations.

6.5.8.   Wholesale, Storage and Distribution—Light.

Wholesaling, storage and warehousing services within enclosed structures. Typical uses include wholesale distributors of manufactured products and food products, including seafood; business and industrial storage warehouses or moving and storage firms.

6.5.9.   Wholesale, Storage and Distribution—Heavy.

Open air storage, distribution and handling of materials and equipment. Typical uses include stone or prefabricated concrete yards, grain elevators, off-shore equipment storage related to the oil industry.

6.6.1.   Animal Production.

The raising of animals or production of animal products such as eggs or dairy products, on an agricultural or commercial basis. Typical uses include raising and breeding of livestock, grazing, ranching, dairy farming and poultry farming for other than personal use.

6.6.2.   Animal Waste Processing.

A use primarily involved in the processing of animal waste by-products, including but not limited to animal manure, animal bedding waste, and similar by-products of an animal raising agricultural operation, for use as a commercial fertilizer or soil amendment and including composting for commercial purposes.

6.6.3.   Aquaculture.

Premises primarily devoted to aquacultural research and specialties and also including the raising of seafood including catfish and crawfish farms.

6.6.4.   Horticulture—Cultivation.

Premises primarily devoted to the cultivation of plants such as flowers, shrubs and trees intended for ornamental or landscaping purposes and sold wholesale.

6.6.5.   Horticulture—Storage.

Premises primarily devoted to the storage of plants such as flowers, shrubs, and trees intended for ornamental or landscaping purposes, primarily in containers and sold wholesale only.

6.6.6.   Horticulture—Storage (Enclosed).

Premises primarily devoted to the storage of plants such as flowers, shrubs, and trees intended for ornamental or landscaping purposes, primarily in containers for wholesale or retail trade, with all materials and equipment, other than the plants themselves, stored in areas fully enclosed or screened from view of any adjacent street or property.

6.6.7.   Packing and Processing—Limited.

The packing or processing of agricultural crops, animals, and their by-products which were produced or grown on the premises and which entails more than picking, cutting, sorting, and boxing or rating, but does not include canning, rendering, tanning, or reduction of meat.

6.6.8.   Packing and Processing—General.

The packing or processing of agricultural crops, animals, and their by-products regardless of where they were produced or grown and which entails more than picking, cutting, sorting, and boxing or rating, but does not include canning, rendering, tanning, or reduction of meat.

6.6.9.   Row and Field Crops.

Premises primarily devoted to the cultivation of agricultural products grown in regular or scattered patterns such as vines, field, forage, and other plant crops intended to provide food or fibers.

6.6.10.   Tree Crops.

Premises primarily devoted to the cultivation for other than personal use of tree grown agricultural products such as orchards for peaches and oranges.

6.7.1.   Combined Uses—Residential/Office.

A combination of those use classifications separately listed as permitted by right in the district and in accordance with the Special Use Criteria for Combined Uses as provided in Article 8.

6.7.2.   Combined Uses—Residential/Commercial.

A combination of those use classifications separately listed as permitted by right in the district and in accordance with the Special Use Criteria for Combined Uses as provided in Article 8.

6.7.3.   Planned Combined Use.

A combination of principal uses from the same or different broad use classifications categories located on the same site in a district planned for a combination of uses subject to a site plan review process. A typical planned combined use may be a combination of multi-family and single-family residential uses on a single development site in the Planned Combined-Use District or a combination of several different use classification types such as a marina and a boatel or a marina and residential duplexes on the same site in a Planned Marina District.

6.8.1.   Accessory Uses (General).

Accessory uses shall be those uses incidental to, and on the same lot as, a principal use as defined in Article 3 herein under Accessory Building or Use, and subject to all regulations for accessory uses provided in these regulations or any other regulations of the City or state. Accessory uses may only occur subsequent to the commencement of occupancy of the principal use on the same site.

6.8.2.   Accessory Uses (Home Occupation).

The use of a residence for a home occupation as defined, within the guidelines of the requirements for the permitting of Special Use Criteria.

6.8.3.   Accessory Uses—Residential.

The following activities are specifically regarded as accessory to residential principal uses and may only occur subsequent to the occupancy of the principal structure:

1.

Incidental storage of household items or yard maintenance equipment owned by the occupant of the principal structure.

2.

Offices or studios for personal use within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on personal business or artistic activities of a non-commercial nature, so long as such activities do not fall within the definition of a home occupation.

3.

Hobbies or recreational activities of a noncommercial nature.

4.

The renting out, on a monthly or longer basis, of one (1) room within a dwelling unit to not more than two persons who are not part of the family that resides in the dwelling unit, provided the room is not equipped with cooking facilities.

5.

Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three (3) days (whether consecutive or not) during any 90 day period.

(Ord. No. 23-19, Exh. A, § 2, 6-8-23)

6.8.4.   Accessory Use—Outdoor Dining.

Outdoor seating and tables for a restaurant that is otherwise allowed within the applicable zoning district and complies with applicable district regulations.

(Ord. No. 23-19, Exh. A, § 2, 6-8-23)

Editor's note— Ord. No. 23-19, Exh. A, § 2, adopted June 8, 2023, repealed the former § 6.8.4 and enacted a new § 6.8.4 as set out herein. The former § 6.8.4 pertained to signs accessory uses—on premises and derived from Ord. No. 15-11, §§ 1, 2, adopted June 25, 2015.

6.8.5.   Reserved.

Editor's note— Ord. No. 23-19, Exh. A, § 2, adopted June 8, 2023, repealed § 6.8.5, which pertained to signs accessory uses—off-premises signs and derived from Ord. No. 15-11, §§ 1, 2, adopted June 25, 2015.

6.8.6.   Reserved.

Editor's note— Ord. No. 23-19, Exh. A, § 2, adopted June 8, 2023, repealed § 6.8.6, which pertained to signs accessory uses—outdoor dining and derived from Ord. No. 15-11, §§ 1, 2, adopted June 25, 2015.

7.2.1.   Creation of Zoning Districts.

1.

Base Zoning Districts. All land within the corporate limits of the City of Mandeville is hereby divided into the following Base Zoning Districts:

2.

Overlay Zoning Districts. Portions of land within the corporate limits of the City of Mandeville are included in the following Overlay Districts:

7.2.2.   Application of Base and Overlay Districts.

1.

A base district designation shall apply to each lot, site or parcel within the City. Portions of a site may be classified within different base districts, provided only one base district designation shall apply to the same portion of any site.

2.

An overlay district designation may be applied to any lot or site or to any portion of a lot or site, in addition to its base district designation.

7.2.3.   Ordinance Linkage with Official Zoning Map.

The boundaries of the created zoning districts shall be established in accordance with their designated location as shown on the map entitled "Official Zoning Map of the City of Mandeville, Louisiana" dated June 10, 1993 and subsequent revisions. The official zoning map shall be identified by the signature of the Mayor attested by the City Clerk and bearing the words, "This is to certify that this is the official zoning map referenced in Article 7, section 7.3 of the Comprehensive Land Use Regulations Ordinance of the City of Mandeville, Louisiana." This Official Zoning Map together with all legends, symbols and other information thereon shall be a part of this Comprehensive Land Use Regulations Ordinance and shall be maintained in a file in the Department of Planning and Development at City Hall and shall be in reproducible form from which prints or reproductions can be made.

7.2.4.   Amendments to Official Zoning Map.

Amendments to the Official Zoning Map shall be made in accordance with the procedures and requirements for amendments to the Comprehensive Land Use Regulations Ordinance as provided in these regulations. It will be the responsibility of the Planning Director or his designee to update the Official Zoning Map with the adopted amendment within ten (10) working days of the effective date of the zoning district amendment and to record the number of the amending ordinance and the date of its passage on the amended Official Zoning Map. No unauthorized person may alter or modify the Official Zoning Map. The Department of Planning and Development shall keep a file of copies of all superseded versions of the official zoning map for historical reference.

7.2.5.   Determination of District Boundaries.

The following rules shall apply in the determination of the boundaries of the districts shown on the Official Zoning Map:

1.

Unless otherwise indicated, the district boundaries are lot lines, the center lines of streets or roads, the rear lot lines of parcels of land fronting a street right-of-way of the same zoning district classification, or the corporate limit lines as they exist at the time of the enactment of this Ordinance or subsequent amendments.

2.

Where the district boundaries approximately coincide with lot lines, the lot lines shall be construed to be the district boundary lines unless otherwise indicated. Where district boundaries as shown on the zoning map do not coincide with street lines, alley lines or lot lines, and no dimensions are shown, the location of said district boundaries shall be determined by use of the scale of the zoning map.

3.

When a lot or site is divided by a district boundary, the regulations applicable within each district shall apply to each portion of the site situated in a separate district.

4.

Map codes indicating the district shall apply to the whole of the area within the district boundaries.

5.

Any areas under water within the corporate limits of the City that are not included within a zoning district on the Official Zoning Map shall be subject to all the regulations applying to the district adjacent to the water area. If the water area adjoins two (2) or more districts, the boundaries of each district shall be construed to extend into the water area to the centerline of the water area, which will then divide the two districts.

6.

Revocation of Public Rights-of-Way. Whenever any street, alley or other public right-of-way is revoked by ordinance, the zoning district adjoining each side of such street, alley or other public way shall automatically extend to the center of same, and the land area shall become subject to the regulations of the extended districts.

7.5.1.   R-1—Single-Family Residential District.

7.5.1.1.Purpose of the R-1 District.

The R-1 Single-Family Residential Zoning District shall be for the purpose of providing low-density residential neighborhoods where single families occupy single-family detached dwelling units on individual lots in a healthy, safe and peaceful environment in combination with accompanying accessory uses and community oriented recreation and service facilities while being protected from the adverse impacts of incompatible land uses which belong in non-residential areas.

7.5.1.2.R-1 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.1.3.R-1 Site Development Regulations.

Each development site in the R-1 Single-Family Residential Zoning District shall be subject to the following site development regulations in addition to any regulations applicable under the provisions of Article 8. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

* The side yard setbacks of the site may be shifted into the opposite side yard by up to thirty (30) percent so long as the area lost in one (1) required side yard is provided in the opposite side yard and the total minimum setback of the site is provided.

(Ord. No. 18-09, 5-10-18)

7.5.1.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance.

7.5.2.   R-1X—Single-Family Existing Residential District.

7.5.2.1.Purpose of the R-1X District.

The R-1X Single-Family Existing Residential district shall be for the purposes of bringing predominantly single-family neighborhoods existing at the time of adoption of these regulations, which are (a) zoned for multi-family uses, or (b) zoned R-1 but in which the majority of the home sites are on legally non-conforming sub-standard lots of record, into legally conforming status while protecting the character of the neighborhood as a single-family residential area and providing low to medium density neighborhoods for single-family detached dwelling units on individual lots where the predominant existing development consists of single-family residences on parcels of land less than ninety (90) feet in width in separate ownership from adjacent parcels, and which were subdivided into lots smaller than the minimum required R-1 lot size prior to the adoption of this Land Use Regulations Ordinance. In general the maximum density in R-1X districts shall be in accordance with the predominant density of the existing development in the area.

7.5.2.2.R-1X Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.2.3.R-1X Site Development Regulations.

Each development site in the R-1X Single-Family Existing Residential Zoning District shall be subject to the following site development regulations in addition to any regulations applicable under the provisions of Article 8. The minimum lot area and width requirement within each specific R-1X district shall be noted on the Official Zoning District map within the specific R-1X district and determined as provided herein but under no circumstances shall the minimum lot width requirement be less than fifty (50) feet or the minimum lot area requirement be less than five thousand (5,000) square feet. For purposes of the creation of R-1X districts, the minimum lot area and widths shall be determined by the size of the predominant number of parcels of land under separate ownership from adjacent property within the area defined as the R-1X zoning district. A parcel of land under the same ownership, whether consisting of one (1) or more lots of record, shall be considered a parcel of land in separate ownership from adjacent property owned by another individual or entity. Ownership shall be determined by tax rolls unless more recent information, recorded in the St. Tammany Parish Courthouse, is provided. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

* The side yard setbacks of the site may be shifted into the opposite side yard by up to thirty (30) percent so long as the area lost in one (1) required side yard is provided in the opposite side yard and the total minimum setback of the site is provided.

(Ord. No. 18-09, 5-10-18)

7.5.2.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance.

7.5.3.   R-2—Two-Family Residential District.

7.5.3.1.Purpose of the R-2 Two-Family Residential District.

The purpose of the R-2 Two-Family Residential District is to provide an area for moderate density single-family residential uses and duplex uses with one structure on one lot while maintaining a single-family neighborhood character.

7.5.3.2.R-2 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.3.3.R-2 Site Development Regulations.

Each development site in the R-2 Residential District shall be subject to the following site development regulations in addition to applicable regulations under the provisions of Article 8. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

* The side yard setbacks of the site may be shifted into the opposite side yard by up to thirty (30) percent so long as the area lost in one (1) required side yard is provided in the opposite side yard and the total minimum setback of the site is provided. (Ord. No. 18-09, 5-10-18)

7.5.3.4.Parking and Landscape Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance.

7.5.4.   R-3—Multi-Family Residential District.

7.5.4.1.Purpose of the R-3 Multi-Family Residential District.

The purpose of the R-3 Multi-Family Residential district shall be to provide moderate to high density residential neighborhoods for individual buildings on individual lots or for more than one building on one lot. The R-3 district shall accommodate single-family attached dwellings that have common walls, including town houses, condominiums, congregate and cluster developments as well as multi-family structures ranging in type from triplexes to apartment buildings.

7.5.4.2.R-3 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.4.3.R-3 Site Development Regulations.

Each development site in the R-3 Multi-Family Residential District shall be subject to the following site development regulations in addition to any regulations applicable under the provisions of Article 8. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

* The side yard setbacks of the site may be shifted into the opposite side yard by up to thirty (30) percent so long as the area lost in one (1) required side yard is provided in the opposite side yard and the total minimum setback of the site is provided.

(Ord. No. 18-09, 5-10-18)

7.5.4.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in special district criteria below or Special Use Criteria as provided in Article 8.

7.5.4.5.R-3 District Criteria.

1.

Special Use Criteria for individual uses permitted within this district shall be in accordance with the regulations provided in Article 8.

2.

Parking lots shall be located in the rear of structures accessed by no more than one two-way drive or two one-way drives for every one hundred fifty (150) feet of greenbelt and out of view of the fronting street. When parking spaces are provided in conjunction with each unit, such as when garages or carports are provided for each unit instead of shared parking lots, the driveway access shall be from the rear of the units on a service access drive to minimize the number of paved accessways through the greenbelt along the street front and to screen the view of parking areas from the fronting street.

7.5.5.   MH—Mobile Homes District.

7.5.5.1.Purpose of the MH District.

1.

The purpose of the Mobile Homes District is to provide locations for development of mobile home residential parks and mobile home subdivisions, with standards that ensure a residential environment and compatibility with adjoining residential neighborhoods.

2.

For purposes of regulations within this district the following definitions shall apply:

a.

Mobile Home Park. A unified development of twenty or more mobile home spaces for rent or lease, and which may include 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.

b.

Mobile Home Space. An area within a mobile home park that is designed for and designated as the location for a single mobile home and the exclusive use of its occupants.

c.

Mobile Home Stand. That portion of a mobile home space upon which the mobile home is placed.

7.5.5.2.MH Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.5.3.Site Development Regulations For Mobile Home Parks.

1.

The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5:

2.

Mobile home parks shall be subject to the following site development regulations:

3.

The minimum number of mobile home spaces contained in any mobile home park shall be twenty (20) spaces, and the minimum site area shall be ninety thousand (90,000) square feet.

4.

The minimum mobile home park site area per dwelling unit shall be forty-five hundred (4,500) square feet.

5.

Each mobile home shall have a minimum front yard setback of twenty-five (25) feet and minimum interior side yard and rear yard of twenty (20) feet, respectively.

6.

The mobile home park shall have direct access to a street having a dedicated and accepted right-of-way of not less than sixty (60) feet.

7.

Interior vehicular circulation shall be provided by private internal streets paved to a width of not less than thirty (30) feet. Internal streets shall be continuous and connect with other internal streets or with public streets, or shall be provided with a paved cul-de-sac having a diameter of eighty (80) feet. No internal street ending in a cul-de-sac shall exceed four hundred (400) feet in length.

8.

Each mobile home space shall contain minimum area of twenty-five hundred (2,500) square feet adjacent to an internal street designed to permit movement of mobile homes to and from each space.

9.

Each mobile home park shall have a minimum of two (2) off-street parking spaces per dwelling unit, at least one of which shall be provided on each mobile home space. The balance of the required parking may be located in common parking areas distributed throughout the mobile home park in a manner that provides reasonable and convenient access to all mobile home spaces.

10.

Each mobile home and any attached accessory structures shall be separated from every other mobile home, building or structure by at least ten (10) feet.

11.

The minimum distance between a mobile home stand and the pavement of an internal street, common parking area, or other common areas shall be ten (10) feet.

12.

A landscaped buffer in accordance with the provisions of Article 9 including a solid wall or fence at least six (6) feet high shall be erected and thereafter properly maintained along all boundaries of the mobile home park, except:

a.

Where the boundary of the mobile home park abuts a public right-of-way, in which case the provisions of Article 9 regarding greenbelts shall apply.

b.

Where the boundary of the mobile home park abuts another mobile home development.

13.

The height of the mobile home chassis above the ground elevation, measured at 90 degrees to the frame, shall not exceed three feet at the low end, and the provisions of Article 8 Flood Damage Prevention Regulations shall apply.

14.

Required front yards shall be landscaped in accordance with the greenbelt requirements as provided in Article 9, excluding the necessary driveways and walkways providing access to the mobile home park.

15.

Each mobile home park shall provide for reasonable and safe pedestrian access to and among each mobile home space and all common facilities. Walks not designed in common with internal streets or parking areas shall have a minimum paved width of two (2) feet.

16.

Each mobile home park shall have a minimum of three hundred (300) square feet of open space per dwelling unit, with at least one hundred fifty (150) square feet being located on each mobile home space. The balance of the required open space may be located in common open space areas distributed throughout the mobile home park in a manner that provides reasonable and convenient access to all mobile home spaces.

17.

Maximum height shall be thirty-five (35) feet.

7.5.5.4. Site Development Regulations for Mobile Home Subdivisions.

Mobile home subdivisions designed for the placement of mobile home dwellings on individual subdivided lots with frontage on a public street shall be subject to the regulations of the R-2 Two-Family Residential District and the provisions of Division III Subdivision and Public Improvements Regulations of this Land Use Regulations Ordinance and any other applicable laws of the City, state or federal government, including but not limited to the Flood Damage Prevention Regulations of Article 8 herein.

7.5.5.5.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria above or Special Use Criteria as provided in Article 8.

7.5.6.   Institutional District.

7.5.6.1.Purpose of the Institutional District.

The purpose of the institutional district shall be to accommodate uses of a civic, religious, educational, institutional or public nature in areas that provide maximum accessibility for the public to utilize the facilities provided in the institutional district.

7.5.6.2.Institutional District Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.6.3.Site Development Regulations.

Each development site in the Institutional District shall be subject to the following site development regulations in addition to any other applicable regulations under the provisions of this Land Use Regulations Ordinance or any other laws of the City, state or federal government. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

7.5.6.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria below or Special Use Criteria as provided in Article 8.

7.5.6.5.Special Institutional District Criteria.

1.

Access. Institutional districts shall be located with frontage on major arterial or collector streets or on local streets in locations that do not require travel through existing or proposed residential districts.

2.

Special Requirements Adjacent to Residential Districts. When a non-residential use abuts a lot or parcel in a R-1, R-1X, R-2, R-3 or MH district, hereinafter, "residentially zoned lot or parcel", the following provisions shall apply:

a.

Outdoor speakers for drive-through goods or services shall not face a residentially zoned lot or parcel located within 150 feet of the speaker unless the speaker is screened by a solid masonry wall measuring at least twelve (12) feet long by eight (8) feet tall and located within twelve (12) feet of the speaker.

b.

Other outdoor speakers are prohibited within 150 feet of a residentially zoned lot or parcel.

c.

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with section 9.2.5.8 and shall not be located within thirty (30) feet of a residentially zoned lot or parcel.

d.

All outdoor lighting must be in accordance with section 8.1.10 Supplemental Regulations for Outdoor Lighting.

3.

Storage of Equipment and Materials. To the extent possible, materials and equipment used or employed in connection with an institutional use shall not be stored in any open area of an institutionally zoned site. In no event shall any equipment or materials be stored in any open area on any institutionally zoned site for a period of time in excess of 72 hours unless such material or equipment cannot be readily stored in an appropriate enclosure and is essential to the institutional use being conducted on the site.

4.

Applicability.

a.

Design Guidelines shall apply to the new building construction, exterior renovations and modifications that require a building permit.

b.

Provisions for Non-Conforming buildings are in accordance with section 4.2.4 of the CLURO.

c.

Prior to preparing design plans for any development, the applicant shall schedule a pre-application meeting with the Planning Director or designee to discuss the procedure for approval of design drawings and the development of properties within the I, Institutional District.

d.

Architectural Review shall be performed by the City's design consultants as designated by the Mayor, which shall make recommendations to the Planning Director prior to permits being issued.

5.

Building Elements.

a.

Building Design Elements.

(1)

Compatibility with the environment. Buildings shall exhibit the ability to provide protection from rain, sun, and high humidity.

(2)

Entrances. Each principle building shall have a clearly defined, inviting, highly visible customer entrance enhanced with distinguishing features such as canopies, galleries, and porticos.

(3)

Facades of buildings visible to the public shall maintain the same standard of design as the front facade, including:

(a)

Screening of utilities, equipment and building services.

(b)

Continuation of building design elements such as the quality of materials, galleries, cornices, and treatment of openings.

(4)

Disruption of horizontal planes with vertical elements are required. This may include significant interruption by change in plane, material, opening, or design element, such as a tower or gable.

(5)

Disciplined visible structural vocabulary must be maintained. Arcades, galleries, and roofs shall not appear to levitate in space, but shall have a visible means of support with columns and/or brackets. No overhangs in excess of 3' allowed without a visible means of support. Rafter tails are encouraged on smaller overhangs.

(6)

Consistent design vocabulary for multiple structures on one property will be employed. A unifying design element such as material, color, or form should be used for all structures. No building with an industrial appearance is allowed, such as a pre-engineered metal building with metal siding and devoid of historic context. Service bays shall be oriented away from the principal street or screened. Smaller buildings should reflect the design of the historic styles, and larger buildings should be divided into smaller elements in order to incorporate historic design context.

(7)

Buildings should maintain classic proportions. For example, smaller columns should be placed closer together for a more vertical proportion, and as the structure becomes more horizontal in scale the supports (columns) should have additional mass.

(8)

Fascia of buildings not to exceed 16" in depth, including gutters; except for fascia used as a unifying element for multi-tenant buildings and for placement of signage for tenants. No backlit fascia shall be allowed. For purposes of this ordinance, fascia is defined as the horizontal plane just below the roof or coping and above the wall and/or supports.

(9)

Mansard roofs used in conjunction with canopies, covered walkways and entries shall have a roof-like slope not greater than 12:12 or less than 4:12.

(10)

Building should have substance - design should include base, intermediate and cap. Changes in materials should have a clear line of demarcation either by offset, reveal, or border;

(11)

Shadows shall be considered as a design element.

6.

Materials. Materials shall be reviewed for compliance with historic context. The following materials have historic context:

a.

Walls: Wood, Brick, Cement Plaster (stucco).

b.

Roofing: Wood shakes, Slate/tile, Rigid Shingles with Ridge Tiles, Metal (Corrugated, V-crimp, and Standing Seam).

7.

Color. Colors shall be reviewed for compliance with historic context.

a.

Facade colors shall be low reflective and subtle. The use of primary, high intensity or metallic color is prohibited outside of the sign face.

b.

Any activity that involves changing color or refreshing color shall require a permit and shall be reviewed by the City's Design Consultants, who shall advise the Planning Director.

c.

Accurate color drawings with a list of paint numbers and elevations of every building will be required to be submitted prior to any modification.

8.

Canopies.

a.

Free (or semi-free) standing canopies, such as those used as shelters for pump islands in gas stations and porte cocheres, shall be of similar style and materials as the building. Canopies are not considered the principle structure.

b.

Unless site conditions preclude, canopies shall be attached to and made an integral part of the main building.

c.

Canopies shall have columns, beams, or brackets of sufficient scale to give a visible means of support.

d.

Clearance under canopies shall not exceed 16', and cantilevered overhangs shall not exceed 15 feet.

e.

Task lighting shall be utilized to reduce light spillage. Intense general lighting under canopies is not allowed.

f.

Fascia—refer to building design elements.

g.

Disrupt long horizontal planes with vertical elements.

7.5.7.   O—Open Space/Recreational District.

7.5.7.1.Purpose of the Open Space/Recreational District.

The purpose of the open space/recreational district is to provide for open space, parks and recreational areas; for uses that are accessory thereto, as well as certain facilities that are generally associated with recreational uses; and for such other uses as are specifically permitted in this district under the provisions of these regulations.

7.5.7.2.Open Space/Recreational District Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10. Any other proposed use of property located in this district shall be reviewed and approved in accordance with the procedures set forth in these regulations for the review and approval of site plans for the proposed use or development of property located in a Planned District Zoning District. In addition to all factors and criteria required to be considered in connection with the review of a Planned District site plan under the provisions of these regulations, no site plan proposing additional use or uses of property located in an Open Space/Recreational District shall be approved unless the proposed use or uses as determined by the City Council to be in accordance with and to serve the stated purposes for which the Open Space/Recreational District has been established.

7.5.7.3.Open Space/Recreational Site Development Regulations.

Each development site in the Open Space/Recreational District shall be subject to the following site development regulations in addition to any regulations applicable under the provisions of Article 8. For purposes of these district regulations an open space lot shall be a parcel of land devoted exclusively to providing open space areas with possible pedestrian or bicycle amenities and without any buildings. A buildable lot shall be a lot established for one of the uses permitted within the Open Space/Recreational District. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

7.5.7.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the supplemental regulations or special use criteria as provided in Article 8.

7.5.8.   B-1—Neighborhood Business District.

7.5.8.1.Purpose of the B-1 Neighborhood Business District.

The purpose of the B-1 neighborhood business district shall be to provide sites for small-scale service and retail establishments to support adjacent residential neighborhoods. This district includes personal service and retail or office establishments, which are 3,000 square feet or less, which conduct all business operations within an enclosed facility, and which do not present any adverse impact on the peace, appearance or value of adjacent residential areas.

7.5.8.2.B-1 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.8.3.B-1 Site Development Regulations.

Each development site in the B-1 Neighborhood Business District shall be subject to the following site development regulations in addition to any other applicable regulations under the provisions of this Land Use Regulations Ordinance or any other laws of the City, state or federal government. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

7.5.8.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria below or Special Use Criteria as provided in Article 8.

7.5.8.5.Special B-1 Neighborhood Business District Criteria.

1.

Access. B-1 districts shall be located with frontage on major arterial or collector streets or on local streets in locations that do not require travel through existing or proposed residential districts to access the B-1 district.

2.

Special Requirements Adjacent to Residential Districts.

When a non-residential use abuts a lot or parcel in a R-1, R-1X, R-2, R-3 or MH district, hereinafter, "residentially zoned lot or parcel", the following provisions shall apply:

a.

Outdoor speakers for drive-through goods or services shall not face a residentially zoned lot or parcel located within 150 feet of the speaker unless the speaker is screened by a solid masonry wall measuring at least twelve (12) feet long by eight (8) feet tall and located within twelve (12) feet of the speaker.

b.

Other outdoor speakers are prohibited within 150 feet of a residentially zoned lot or parcel.

c.

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with section 9.2.5.8 and shall not be located within thirty (30) feet of a residentially zoned lot or parcel.

d.

All outdoor lighting must be in accordance with section 8.1.10 Supplemental Regulations for Outdoor Lighting.

e.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure or any permitted accessory structures on the site.

3.

Applicability.

a.

Design Guidelines shall apply to the new building construction, exterior renovations and modifications that require a building permit.

b.

Provisions for Non-Conforming buildings are in accordance with section 4.2.4 of the CLURO.

c.

Prior to preparing design plans for any development, the applicant shall schedule a pre-application meeting with the Planning Director or designee to discuss the procedure for approval of design drawings and the development of properties within the B-1 Neighborhood Business District.

d.

Architectural Review shall be performed by the City's design consultants, which shall be designated by the Mayor, and which shall make recommendations to the Building Inspector prior to permits being issued.

4.

Building Design Elements.

a.

Compatibility with the environment. Buildings shall exhibit the ability to provide protection from rain, sun, and high humidity.

b.

Entrances. Each principle building shall have a clearly defined, inviting, highly visible customer entrance enhanced with distinguishing features such as canopies, galleries, and porticos.

c.

Facades of buildings visible to the public shall maintain the same standard of design as the front facade, including:

(1)

Screening of utilities, equipment, and building services.

(2)

Continuation of building design elements such as the quality of materials, galleries, cornices, and treatment of openings.

(3)

Disruption of horizontal planes with vertical elements is required. This may include significant interruption by change in plane, material, opening, or design element, such as a tower or gable.

d.

Disciplined visible structural vocabulary must be maintained. Arcades, galleries, and roofs shall not appear to levitate in space, but shall have a visible means of support with columns and/or brackets. No overhangs in excess of 3' allowed without a visible means of support. Rafter tails are encouraged on smaller overhangs.

e.

Consistent design vocabulary for multiple structures on one property will be employed. A unifying design element such as material, color, or form should be used for all structures.

f.

No building with an industrial appearance is allowed, such as a pre-engineered metal building with metal siding and devoid of historic context.

g.

Service bays shall be oriented away from the principal street or screened.

h.

Smaller buildings should reflect the design of the historic styles, and larger buildings should be divided into smaller elements in order to incorporate historic design context.

i.

Buildings should maintain classic proportions. For example, smaller columns should be placed closer together for a more vertical proportion, and as the structure becomes more horizontal in scale the supports (columns) should have additional mass.

j.

Fascia of buildings not to exceed 16" in depth, including gutters; except for fascias used as a unifying element for multi-tenant buildings and for placement of signage for tenants. No backlit fascia. For purposes of this ordinance, fascia is defined as the horizontal plane just below the roof or coping and above the wall and/or supports.

k.

Mansard roofs used in conjunction with canopies, covered walkways and entries shall have a roof-like slope not greater than 12:12 or less than 4:12. Building should have substance - design should include base, intermediate and cap. Changes in materials should have a clear line of demarcation either by offset, reveal, or border.

l.

Shadows shall be considered as a design element.

5.

Materials. Materials shall be reviewed for compliance with historic context. The following materials have historic context:

a.

Walls, Wood, Brick, Cement Plaster (stucco).

b.

Roofing: Wood shakes, Slate/tile, Rigid Shingles with Ridge Tiles, Metal (Corrugated, V-crimp, and Standing Seam).

6.

Color. Colors shall be reviewed for compliance with historic context.

a.

Facade colors shall be low reflective and subtle. The use of primary, high intensity or metallic color is prohibited outside of the sign face.

b.

Any activity that involves changing color or refreshing color shall require a permit and shall be reviewed by the City's Design Consultants, who shall advise the Planning Director.

c.

Accurate color drawings with a list of paint numbers and elevations of every building will be required to be submitted prior to any modification.

7.

Canopies.

a.

Free (or semi-free) standing canopies, such as those used as shelters for pump islands in gas stations and porte cocheres, shall be of similar style and materials as the building. Canopies are not considered the principle structure.

b.

Unless site conditions preclude, canopies shall be attached to and made an integral part of the main building.

c.

Canopies shall have columns, beams, or brackets of sufficient scale give a visible means of support.

d.

Clearance under canopies shall not exceed 16', and cantilevered overhangs shall not exceed 15 feet.

e.

Task lighting shall be utilized to reduce light spillage. Intense general lighting under canopies is not allowed.

f.

Fascia - refer to building design elements.

g.

Disrupt long horizontal planes with vertical elements.

7.5.9.   B-2—Highway Business District.

7.5.9.1.Purpose of the B-2 Highway Business District.

The purpose of the B-2 Highway Business District shall be to provide sites for office, retail and service establishments to serve the needs of the community as a whole. This district includes both multi-tenant shopping centers and individual development sites located typically on major arterial and collector streets.

7.5.9.2.B-2 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.9.3.B-2 Site Development Regulations.

Each development site in the B-2 Highway Business District shall be subject to the following site development regulations in addition to any other applicable regulations under the provisions of this Land Use Regulations Ordinance or any other laws of the City, state or federal government. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

7.5.9.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria below or Special Use Criteria as provided in Article 8.

7.5.9.5.Special B-2 Highway Business District Criteria.

1.

Access. B-2 districts shall be located on lots with street frontage on major arterial or collector streets only and shall not require travel through existing or proposed residential districts to access the B-2 district. Because of the potential for traffic congestion created by uses within B-2 districts at major intersections Traffic Impact Analysis may be required by the Planning Director prior to the issuance of permits for major commercial developments in accordance with the provisions for Traffic Impact Analysis provided in Article 8.

2.

Special Requirements Adjacent to Residential Districts. When a non-residential use abuts a lot or parcel in a R-1, R-1X, R-2, R-3 or MH district, hereinafter, "residentially zoned lot or parcel", the following provisions shall apply:

a.

Outdoor speakers for drive-through goods or services shall not face a residentially zoned lot or parcel located within 150 feet of the speaker unless the speaker is screened by a solid masonry wall measuring at least twelve (12) feet long by eight (8) feet tall and located within twelve (12) feet of the speaker.

b.

Other outdoor speakers are prohibited within 150 feet of a residentially zoned lot or parcel.

c.

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with section 9.2.5.8 and shall not be located within thirty (30) feet of a residentially zoned lot or parcel.

d.

Loading areas shall not be located within 100 feet of a residentially zoned lot or parcel, except that a loading zone may be located at least twenty-five (25) feet from a residentially zoned lot or parcel if screened by a solid masonry wall measuring at least eight (8) feet tall and extending the length of the required loading space.

e.

All outdoor lighting must be in accordance with section 8.1.10 Supplemental Regulations for Outdoor Lighting.

3.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure or any permitted accessory structures on the site except as specifically provided by these regulations for such uses as auto trailer and boat sales or storage.

4.

Storage of Waste Materials. No waste materials that are the product of any research or testing activity may be stored on site.

5.

Applicability.

a.

Design Guidelines shall apply to the new building construction, exterior renovations and modifications that require a building permit.

b.

Provisions for Non-Conforming buildings are in accordance with section 4.2.4 of the CLURO.

c.

Prior to preparing design plans for any development, the applicant shall schedule a pre-application meeting with the Planning Director or designee to discuss the procedure for approval of design drawings and the development of properties within the B-2 Highway Business District.

6.

Architectural Review shall be performed by the City's design consultants, which are designated by the Mayor, and shall make recommendations to the Building Inspector prior to permits being issued.

7.

Building Elements.

a.

Compatibility with the environment. Buildings shall exhibit the ability to provide protection from rain, sun, and high humidity.

b.

Entrances. Each principle building shall have a clearly defined, inviting, highly visible customer entrance enhanced with distinguishing features such as canopies, galleries, and porticos.

c.

Facades of buildings visible to the public shall maintain the same standard of design as the front facade, including:

(1)

Screening of utilities, equipment, and building services.

(2)

Continuation of building design elements such as the quality of materials, galleries, cornices, and treatment of openings.

d.

Disruption of horizontal planes with vertical elements is required. This may include significant interruption by change in plane, material, opening, or design element, such as a tower or gable.

e.

Disciplined visible structural vocabulary must be maintained.

f.

Arcades, galleries, and roofs shall not appear to levitate in space, but shall have a visible means of support with columns and/or brackets. No overhangs in excess of 3' allowed without a visible means of support. Rafter tails are encouraged on smaller overhangs.

g.

Consistent design vocabulary for multiple structures on one property will be employed. A unifying design element such as material, color, or form should be used for all structures.

h.

No building with an industrial appearance is allowed, such as a pre-engineered metal building with metal siding and devoid of historic context.

i.

Service bays shall be oriented away from the principal street or screened.

j.

Smaller buildings should reflect the design of the historic styles, and larger buildings should be divided into smaller elements in order to incorporate historic design context.

k.

Buildings should maintain classic proportions. For example, smaller columns should be placed closer together for a more vertical proportion, and as the structure becomes more horizontal in scale the supports (columns) should have additional mass.

l.

Fascia of buildings not to exceed 16" in depth, including gutters; except for fascia used as a unifying element for multi-tenant buildings and for placement of signage for tenants. No backlit fascia. For purposes of this ordinance, fascia is defined as the horizontal plane just below the roof or coping and above the wall and/or supports.

m.

Mansard roofs used in conjunction with canopies, covered walkways and entries shall have a roof-like slope not greater than 12:12 or less than 4:12.

n.

Building should have substance. Design should include base, intermediate and cap. Changes in materials should have a clear line of demarcation either by offset, reveal, or border.

o.

Shadows shall be considered as a design element.

8.

Materials. Materials shall be reviewed for compliance with historic context. The following materials have historic context:

a.

Walls, Wood, Brick, Cement Plaster (stucco).

b.

Roofing. Wood shakes, Slate/tile, Rigid Shingles with Ridge Tiles, Metal (Corrugated, V-crimp, and Standing Seam)

9.

Color. Colors shall be reviewed for compliance with historic context.

a.

Facade colors shall be low reflective and subtle. The use of primary, high intensity or metallic color is prohibited outside of the sign face.

b.

Any activity that involves changing color or refreshing color shall require a permit and shall be reviewed by the Design Consultants, who shall advise the Planning Director.

c.

Accurate color drawings with a list of paint numbers and elevations of every building will be required to be submitted prior to any modification.

10.

Canopies.

a.

Free (or semi-free) standing canopies, such as those used as shelters for pump islands in gas stations and porte cocheres, shall be of similar style and materials as the building. Canopies are not considered the principle structure.

b.

Unless site conditions preclude, canopies shall be attached to and made an integral part of the main building.

c.

Canopies shall have columns, beams, or brackets of sufficient scale to give a visible means of support.

d.

Clearance under canopies shall not exceed 16', and cantilevered overhangs shall not exceed 15 feet.

e.

Task lighting shall be utilized to reduce light spillage. Intense general lighting under canopies is not allowed.

f.

Fascia - refer to building design elements.

g.

Disrupt long horizontal planes with vertical elements.

7.5.10.   B-3—Old Mandeville Business District.

7.5.10.1.Purpose of the B-3 Old Mandeville Business District.

The purpose of the B-3 Old Mandeville Business District shall be to provide a district that acknowledges the historic character of the area and the pedestrian orientation of the neighborhood by continuing to combine a mix of small scale residential, civic, commercial, service and office establishments that are relatively compatible with residential uses within and abutting the district. Lot sizes, setbacks, parking and landscaping requirements shall be more flexible to address the unique characteristics of an area substantially developed as a commercial district with smaller lots and greater development densities than newer areas of the City. Tree preservation and appropriate plantings in public and private spaces are key objectives within the B-3 district.

7.5.10.2.B-3 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10. Unless it is part of a mixed use development, no new townhouse, condominium, or other multi-family residence shall be established

1.

Attached Residences. Unless it is part of a mixed-use development, no new townhouse, condominium, or other multi-family residence shall be established:

a.

Within 120 feet of the north right-of-way of Lakeshore Drive (Lake Street), or

b.

On a corner lot within the B-3 district along Girod or Lafitte Streets.

2.

Outdoor Dining. Subject to compliance with the standards established in sections 7.5.10.5 and 8.2.3:

a.

On-site outdoor dining shall be allowed by right upon issuance of a Special Use Permit.

b.

Outdoor dining within the right-of-way may be allowed subject to approval of a Conditional Use Permit.

3.

Large-scale Buildings. The Zoning Commission may approve the establishment of buildings with ground floor areas greater than 5,000 square feet as an exception if it finds that:

a.

The scale of the building is appropriate for its intended use given the scale of similar structures located within the neighborhood;

b.

The building is designed to appear to be in-scale with surrounding development;

c.

Any new required parking spaces for the structure shall be provided in a manner that is not detrimental to the neighborhood character. For purposes of this section, detrimental parking includes parking that conflicts with the purposes of this district, is incompatible with abutting land uses, promotes blight, threatens the integrity of historic resources or reduces property values;

d.

Adequate transportation, drainage and other infrastructure exists or will be provided to meet the demands of the proposed development and its allowed uses; and

e.

For purposes of calculating ground floor area of elevated structures, the area shall include all square footage under the beam of the building, but exclude cantilevered porches, decks and other unenclosed areas.

7.5.10.3.B-3 Site Development Regulations.

Each development site in the B-3 Old Mandeville Business District shall be subject to the site development regulations established in Exhibit 7.5.10., in addition to any other applicable regulations under the provisions of this CLURO or any other laws of the City, state or federal government. Section 8.1 establishes additional rules for application of lot and area requirements. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

Exhibit 7.5.10: Site Development Regulations

* The side yard setbacks of the site may be shifted into the opposite side yard by up to thirty (30) percent so long as the area lost in one (1) required side yard is provided in the opposite side yard and the total minimum setback of the site is provided.

(Ord. No. 18-09, 5-10-18)

7.5.10.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of the B-3 district regulations (including section 2.4 of the B-3 design guidelines), Article 9 of this Land Use Regulations Ordinance, the Special Use Criteria as provided in Article 8 and the following provisions:

1.

Parking spaces shall be located behind the building or in a side yard behind the front building facade.

2.

Parking spaces may be located under the building, provided that the spaces are screened from the street and the entry is from the interior side yard or rear yard of the structure. For the purposes of this section, screening may be any combination of walls, lattice and landscaping that is at least four (4) feet tall and ninety (90) percent opaque. If landscaping is used, the required height and opacity shall be achieved within three (3) years of planting. The Planning Director may grant an exception to allow front entry garages for single-family residential structures upon finding that there is no reasonable alternative for side or rear entry garages. The Zoning Commission may grant an exception to allow for front entry garages for other structures upon finding that there is no reasonable alternative for side or rear entry garages and the design of the garage entry is compatible with the proposed use of the building.

3.

Garages may face any direction, provided that:

a.

Attached garages that face a street shall be located at least five (5) feet behind the building facade.

b.

Detached garages shall be located at least sixty (60) feet behind the front property line.

4.

All vehicular parking for multi-family or non-residential structures shall be screened per section 9.1.2.7 of this Code.

5.

For residential structures, all required parking shall be provided on site.

7.5.10.5.Special B-3—Old Mandeville Business District Criteria.

1.

Compliance with Design Guidelines. All new development and major work on existing structures shall comply with the City of Mandeville B-3 Old Mandeville Business District Area Plan: Design Regulations and Guidelines, which are hereby incorporated into the CLURO by reference.

2.

Deliveries. Deliveries shall be limited to the hours between 7:00 a.m. and 9:00 p.m.

3.

Special Requirements.

a.

Landscape Buffers Adjacent to Residential Districts. A vegetative buffer, as provided in Article 9, shall be provided in the required setback adjacent to all residential districts. If parking or service facilities abut R-1, R-1X or R-2 districts, the Planning Director may require the landscape buffer to be increased by up to fifty (50) percent to diminish the effects of the impact of lighting, noise, odors or other negative effects on adjacent residential developments.

b.

Landscape Buffers Elsewhere in District. A five (5) foot wide landscape buffer shall be required along the side and rear lot lines of all uses requiring conditional use or Special Use Permits, and:

(1)

A fence and landscaping are required to shield headlights and abate noise, and

(2)

Parking lot lighting shall not spill over onto adjacent properties.

c.

Lighting. All outdoor lighting must be directed toward ground and toward the property on which the lighting is located, be shielded from adjacent buildings and shall not adversely impact any adjacent use or traffic. (See section 8.1.10 Supplemental Regulations for Outdoor Lighting.)

d.

Hours of Operation and Noise. If night activities are conducted by the on-site use, such activities shall not interfere with the peace of any adjacent residential district or on-site residential use and shall conform to the requirements regarding noise and sound as set forth in the City's Code of Ordinances.

(1)

Outdoor operations for commercial activity located anywhere within the B-3 zoning district shall not be permitted after 10:00 p.m., except on Fridays and Saturdays, and the following holidays; New Year's Eve, the Sunday and Monday preceding Mardi Gras Day, Mardi Gras Day, evening of 3rd of July, 4th of July, Sunday proceeding Labor Day Monday, Halloween Night, Wednesday preceding Thanksgiving Day, and Christmas Eve, when outdoor operations shall be permitted until midnight.

(2)

Outdoor speakers and amplified sound shall comply with applicable noise ordinance requirements and are prohibited from 10:00 p.m. until 7:00 a.m. unless otherwise authorized through a Special Event permit.

(3)

Indoor music intended for principal entertainment purposes shall comply with applicable noise ordinance requirements and is prohibited from 10:00 p.m. until 7:00 a.m. weekdays (Sunday through Thursday) and midnight until 7:00 a.m. on weekends (Friday and Saturday) except as authorized in conjunction with a Special Events Permit. Music intended as background music shall be played at or below the sound level of normal human conversation.

e.

Signs shall comply with the standards established in Article 10.

f.

Other Special Requirements.

(1)

Drive-through facilities, goods or services shall not be allowed.

(2)

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with Section 9.2.5.8.

(3)

In the B-3 district, such driveway access shall not be greater than twelve (12) feet in width except that this width may be increased by the Zoning Commission as an exception through the Special Use Permit process to allow driveway widths of twenty (20) feet for two-way access to a parking lot serving a development on two or more lots or parcels.

4.

Reductions in Required Parking.

a.

By Right Parking Reductions.

(1)

The minimum on-site parking requirement shall be two (2) spaces unless otherwise required by this section or Article 9 of this CLURO. No additional spaces shall be required for uses on any lot that generate the need for eight (8) or fewer spaces in the B-3 zoning district in accordance with the minimum parking space requirements of Article 9.

(2)

When on-street parallel parking is available in areas where shoulders are adequate for parking or when public on-street parking bays are available, the required number of off-street parking spaces for non-residential uses may be reduced by up to a number equal to the number of on-street spaces, abutting the lot or on the opposite side of Lakeshore Drive for sites that face the lake. No fraction of a space shall be counted when using this provision.

(3)

When only a portion of a building is being used for storage or business operations, the minimum required parking shall be based on areas to be used for business operations or storage, as documented by the on the site plan and subject to the applicant's agreement that additional parking will be provided prior to occupancy of the remaining space.

b.

Parking Reductions by Exception. In the B-3 District, parking requirements for non-residential uses may be reduced or waived by the Zoning Commission in conjunction with a Special Use Permit application and based on the findings of the Zoning Commission that the reduction or waiver does not adversely affect surrounding commercial or residential uses and:

(1)

Existing public parking within the area is sufficient to accommodate the proposed use; or

(2)

The person receiving an exception to reduce the number of spaces agrees to contribute to the Optional Parking Mitigation Fund established for the purpose of providing public parking and pedestrian amenities in accordance with a Master Plan of the B-3 District in accordance with section 9.3 of this Code; or

(3)

The person receiving the exception has agreed to provide public improvements that mitigate the parking reduction within six hundred (600) feet of where the proposed use is located and the installation of sidewalks or pedestrian ways between the parking and the site, in accordance with the provisions of section 5.2.6.

5.

Reductions in Required Landscaping. The Planning Director may approve the reduction in front yard landscaping requirements when a building is located closer than 15 feet from the property line when the placement of the existing building or the need for additional on-site parking makes landscaping impractical and the following conditions are met:

a.

The required greenbelt would be greater than the required building setback or an existing building or parking lot is less than fifteen (15) feet from a street right-of-way.

b.

When an existing building is within five (5) feet of a street right-of-way, class B trees to be substituted for class A trees. In this case, planter boxes may be used instead of in-the-ground installations so long as such planter boxes do not impede pedestrian circulation.

c.

When an existing building or a required setback is within ten (10) feet of a street right-of-way, the required greenbelt may be reduced as provided in (a) above provided that any open ditches in front of the site are culverted, and landscaping and sidewalks or pedestrian ways are installed in accordance with plans and requirements approved by the Director of Public Works to compensate for the diminished green space.

d.

The Planning Director may approve the shifting of required greenbelt plantings of class A trees to locations outside the greenbelt to avoid conflicts with utility lines.

6.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure or any permitted accessory structures on the site except:

a.

Outdoor display of goods for sale during business hours.

b.

Outdoor display of unique goods that are customarily used outdoors. For the purposes of this provision, the term unique goods means a single item or set of items, such as a table with chairs, and does not include multiples of substantially similar items.

7.

Combined Uses. The combining of commercial and residential uses on one site shall be in accordance with the Special Use Criteria set forth in Article 8.

8.

Conversion of Residential Structures to Non-Residential Uses. The conversion of residential structures to non-residential uses shall be allowed in the B-3 District subject to the requirements for the establishment of non-residential uses in the district as provided herein and the provisions of Article 8 for the Conversion of Residential Structures to Non-Residential Uses.

9.

Conversion of Non-Residential Structures to Residential Uses. The conversion of non-residential structures to residential uses shall be allowed in the B-3 District subject to compliance with building codes.

10.

Commercial Vehicle Operations. Other than authorized deliveries or loading of goods necessary for the operation of the business, no commercial vehicles requiring a Class A, Class B, Class C or Class D commercial drivers license shall be parked on a site or operated in conjunction with a business in the B-3 zoning district.

7.5.10.6.B-3 Design Regulations and Guidelines.

The City of Mandeville B-3 Old Mandeville Business District Area Plan: Design Regulations and Guidelines are hereby adopted and incorporated into the CLURO by this reference.

1.

Purpose. The B-3 Design Regulations and Guidelines are intended to promote a sustainable mix of land uses that:

a.

Provide easily accessible retail and service uses for residents and visitors that are consistent with the historic character and scale of Old Mandeville;

b.

Establish a walkable neighborhood where residents living in or near the B-3 District have access to goods and services without having to rely on driving;

c.

Support public and private investments in the establishment of a Town Center;

d.

Enable development in the B-3 District to comply with FEMA flood elevation requirements without inducing blight or reducing the viability of residential or non-residential uses; and

e.

Retain or increase property values to protect private investments and ensure that the City has the fiscal resources to provide necessary public facilities and services to the residents of Old Mandeville.

2.

Applicability.

a.

The B-3 Design Regulations and Guidelines shall apply to new building construction, exterior renovations and building or site modifications that require a building permit.

b.

Provisions for Non-Conforming buildings shall comply with section 4.2.4 of the CLURO.

c.

Prior to preparing design plans for any development, the applicant shall schedule a pre-application meeting with the Planning Director to discuss the procedure for approval of design drawings and the development of properties within the B-3, Old Mandeville Business District.

d.

Architectural Review of all development applications shall be performed by the City's Design Consultants, which shall make recommendations to the Planning Director prior to permits being issued. Appeals to the subsequent actions by the Planning Director shall be reviewed by the Zoning Commission.

e.

Designs shall consider the neighborhood context. Applicants should demonstrate an understanding of the neighborhood context by providing photographic evidence showing the proposed design's relationship to existing facades in surrounding blocks.

f.

Except as otherwise noted, the standards and guidelines in this section apply to all development because each structure may transition to all other allowed land uses.

7.5.11.   B-4—Major Crossroads Business District.

7.5.11.1.Purpose of the B-4 Major Crossroads Business District.

The purpose of the B-4 district shall be to provide sites for multi-purpose commercial centers to serve the community at large at the intersections of major arterial streets and to provide for additional height of buildings in such intensely commercial areas located an adequate distance from residential districts to protect residential uses from the impact of multi-story buildings.

7.5.11.2.B-4 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.11.3.B-4 Site Development Regulations.

Each development site in the B-4 Major Crossroads Business District shall be subject to the following site development regulations in addition to any other applicable regulations under the provisions of this Land Use Regulations Ordinance or any other laws of the City, state or federal government. The Planning Director may grant exceptions to the following standards pursuant to Section 4.3.5.

2.

Site Development Regulations for Structures Greater than 35'.

a.

No structure other than buildings shall exceed thirty-five (35) feet in height under any conditions except as provided in Article 8, Supplemental Regulations.

b.

Buildings greater than thirty-five (35) feet in height and no greater than forty-nine (49) feet in height shall be permitted in B-4 districts but only under the following conditions:

(1)

The building is on a lot or parcel that is at least one hundred thousand (100,000) square feet in size.

(2)

The property on which the building is located is not within seven hundred fifty (750) feet or less of a residential zoning district within the City of Mandeville.

(3)

The building is set back at least one hundred (100) feet from every property line.

(4)

At least fifty (50) percent of the additional required yard area, over and above the yard requirements for sites with structures thirty-five (35) feet in height or less, shall be devoted to landscaping. This landscaped area shall be in addition to the normal landscaping requirements of the city and shall be landscaped with grass or other appropriate living ground cover, shrubs, and/or trees. This additional yard area may also be used to provide retention ponds or water quality enhancement features, which utilize hydric vegetation to filter stormwater.

(5)

Maximum impervious site coverage shall be seventy-five (75) percent.

7.5.11.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria below or Special Use Criteria as provided in Article 8.

7.5.11.5.Special B-4 Major Crossroads Business District Criteria.

1.

Location. In order to preserve the character of the city in particular as it relates to the view of the city from the lake or the gateway corridors which provide a first impression of the character of the north shore as a whole to visitors arriving via the Causeway, B-4 districts shall be located a minimum of 10,000 feet from the shoreline of the lake and shall extend to a distance no greater than 2,500 feet in any direction from the intersection of the centerlines of two major arterial streets.

2.

Access. B-4 districts shall be located on lots with street frontage on major arterial streets only and shall not require travel through existing or proposed residential districts to access the B-4 district. Because of the potential for traffic congestion created by uses within B-4 districts at major intersections Traffic Impact Analysis may be required by the Planning Director prior to the issuance of permits for major commercial developments in accordance with the provisions for Traffic Impact Analysis provided in Article 8.

3.

Special Requirements Adjacent to Residential Districts. When a non-residential use abuts a lot or parcel in a R-1, R-1X, R-2, R-3 or MH district, hereinafter, "residentially zoned lot or parcel", the following provisions shall apply:

a.

Outdoor speakers for drive-through goods or services shall not face a residentially zoned lot or parcel located within 150 feet of the speaker unless the speaker is screened by a solid masonry wall measuring at least twelve (12) feet long by eight (8) feet tall and located within twelve (12) feet of the speaker.

b.

Other outdoor speakers are prohibited within 150 feet of a residentially zoned lot or parcel.

c.

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with section 9.2.5.8 and shall not be located within thirty (30) feet of a residentially zoned lot or parcel.

d.

Loading areas shall not be located within 100 feet of a residentially zoned lot or parcel, except that a loading zone may be located at least twenty-five (25) feet from a residentially zoned lot or parcel if screened by a solid masonry wall measuring at least eight (8) feet tall and extending the length of the required loading space.

e.

All outdoor lighting must be in accordance with section 8.1.10 Supplemental Regulations for Outdoor Lighting.

4.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure on the site except as specifically provided by these regulations for such uses as auto trailer and boat sales or storage and pursuant to section 7.5.11.7.3.f.

5.

Storage of Waste Materials. No waste materials that are the product of any research or testing activity may be stored on site.

6.

Applicability.

a.

Design Guidelines shall apply to the new building construction, exterior renovations and modifications that require a building permit.

b.

Provisions for Non-Conforming buildings are in accordance with section 4.2.4 of the CLURO.

c.

Prior to preparing design plans for any development, the applicant shall schedule a pre-application meeting with the Planning Director or designee to discuss the procedure for approval of design drawings and the development of properties within the B-4, Major Crossroads Business District.

7.5.11.6.Building Elements.

1.

Building Design Elements.

a.

Compatibility with the environment. Buildings shall exhibit the ability to provide protection from rain, sun, and high humidity.

b.

Entrances. Each principle building shall have a clearly defined, inviting, highly visible customer entrance enhanced with distinguishing features such as canopies, galleries, and porticos.

c.

Facades of buildings visible to the public shall maintain the same standard of design as the front facade, including:

(1)

Screening of utilities, equipment, and building services.

(2)

Continuation of building design elements such as the quality of materials, galleries, cornices, and treatment of openings.

d.

Disruption of horizontal planes with vertical elements is required. This may include significant interruption by change in plane, material, opening, or design element, such as a tower or gable.

e.

Disciplined visible structural vocabulary must be maintained. Arcades, galleries, and roofs shall not appear to levitate in space, but shall have a visible means of support with columns and/or brackets. No overhangs in excess of 3' allowed without a visible means of support. Rafter tails are encouraged on smaller overhangs.

f.

Consistent design vocabulary for multiple structures on one property will be employed. A unifying design element such as material, color, or form should be used for all structures.

g.

No building with an industrial appearance is allowed, such as a pre-engineered metal building with metal siding and devoid of historic context.

h.

Service bays shall be oriented away from the principal street or screened.

i.

Smaller buildings should reflect the design of the historic styles, and larger buildings should be divided into smaller elements in order to incorporate historic design context.

j.

Buildings should maintain classic proportions. For example, smaller columns should be placed closer together for a more vertical proportion, and as the structure becomes more horizontal in scale the supports (columns) should have additional mass.

k.

Fascia of buildings not to exceed 16" in depth, including gutters; except for fascia used as a unifying element for multi-tenant buildings and for placement of signage for tenants. No backlit fascia. For purposes of this ordinance, fascia is defined as the horizontal plane just below the roof or coping and above the wall and/or supports.

l.

Mansard roofs used in conjunction with canopies, covered walkways and entries shall have a roof-like slope not greater than 12:12 or less than 4:12.

m.

Building should have substance - design should include base, intermediate and cap. Changes in materials should have a clear line of demarcation either by offset, reveal, or border.

n.

Shadows shall be considered as a design element.

2.

Materials. Materials shall be reviewed for compliance with historic context. The following materials have historic context:

a.

Walls: Wood, Brick, Cement Plaster (stucco).

b.

Roofing: Wood shakes, Slate/tile, Rigid Shingles with Ridge Tiles, Metal (Corrugated, V-crimp, and Standing Seam).

3.

Color. Colors shall be reviewed for compliance with historic context

a.

Facade colors shall be low reflective and subtle. The use of primary, high intensity or metallic color is prohibited outside of the sign face.

b.

Any activity that involves changing color or refreshing color shall require a permit and shall be reviewed by the City's Design Consultants, who shall advise the Planning Director.

c.

Accurate color drawings with a list of paint numbers and elevations of every building will be required to be submitted prior to any modification.

4.

Canopies.

a.

Free (or semi-free) standing canopies, such as those used as shelters for pump islands in gas stations and porte cocheres, shall be of similar style and materials as the building. Canopies are not considered the principle structure.

b.

Unless site conditions preclude, canopies shall be attached to and made an integral part of the main building.

c.

Canopies shall have columns, beams, or brackets of sufficient scale to give a visible means of support.

d.

Clearance under canopies shall not exceed 16', and cantilevered overhangs shall not exceed 15 feet.

e.

Task lighting shall be utilized to reduce light spillage. Intense general lighting under canopies is not allowed.

f.

Fascia - refer to building design elements.

g.

Disrupt long horizontal planes with vertical elements.

7.5.11.7. Special Criteria for Major Shopping Centers and Retail Establishments Larger than 100,000 Square feet.

In addition to applicable requirements of sections 7.5.11.5 (B-4 Site Development Criteria), 7.6.2 (Gateway Overlay District) and 7.5.11.8 (Market Study) the following standards apply to Major Shopping Centers:

1.

Facades and Exterior Walls. The following standards, which apply to all building facades which are visible from adjoining public streets or properties, are intended to reduce the massive scale of large buildings which, without application of these standards would be incompatible with City's desired character.

a.

Facades greater than 150 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 250 horizontal feet.

b.

Ground floor facades of retail businesses that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length, excepting side and rear facades.

2.

Entryways. Entryway design elements and variations should give orientation and aesthetically pleasing character to the building. The following standards identify desirable entryway design features:

a.

Large retail buildings shall feature multiple entrances that are separated by not more than 300 feet along any side of a building requiring customer entrances. (Comment: Multiple building entrances reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments of a store. Multiple entrances also mitigate the effect of the unbroken walls and neglected areas that often characterize building facades that face bordering land uses.)

b.

All sides of a principal building that directly face an abutting public street shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building.

c.

When structures are adjacent to a residentially zoned district and separated from that district by either a public or private street, and where residential uses front or may reasonably be expected to front that street, the structure shall have at least one entryway facing that street.

3.

Site Design. All buildings and enclosures shall be designed to be compatible with the primary structure. Compatibility shall be measured in terms of architectural design, form, building materials and colors.

a.

Integration into the Street Network. Internal and new streets shall connect to existing streets or be designed to facilitate future connections to the maximum extent possible. Passenger drop-off/pick-up points shall be integrated with traffic patterns on the site.

b.

Community Spaces. Large retail developments shall provide outdoor spaces and amenities to enhance the building's function as a center of community activity. For example:

(1)

Patio/seating area;

(2)

Pedestrian plaza with benches;

(3)

Window shopping walkway;

(4)

Kiosk area;

(5)

Water feature, clock tower; or

(6)

Other focal features approved by the Planning Director.

c.

Landscaping. Landscaping shall be in accordance with Article 9, Landscaping.

d.

Pedestrian Circulation. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that will provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience. All buildings with more than 100,000 square feet of floor area shall provide the following:

(1)

Continuous internal pedestrian walkways, no less than four (4) feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, bicycle and pedestrian paths, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that includes trees, shrubs, benches, flower beds, groundcover, or other such materials for no less than 50% of its length.

(2)

Sidewalks, no less than 6 feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting a public parking area.

e.

Parking Lot Orientation. Parking areas should provide safe, convenient, and efficient access. They should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. When buildings are located closer to streets, pedestrian traffic is encouraged and architectural details take on added importance. To achieve this, for any retail building, no more than twenty (20) percent of the off-street parking area for the entire property shall be located between the principal building(s) and an arterial street, unless other buildings located between the principal building and the arterial street extend along at least fifty (50) percent of the frontage between the arterial and the principal building.

f.

Outdoor Display, Trash Collection and Loading Areas. The following standards are intended to reduce the impacts of, outdoor display, loading and operations areas on adjacent land uses:

(1)

Areas for truck parking and loading shall be screened by a combination of structures and evergreen landscaping to minimize visibility from adjacent streets and residential district lines.

(2)

Outdoor display, loading and operations areas shall be screened from adjacent parcels.

(3)

Outdoor display, trash collection and/or compaction, loading or other such uses shall be located in the rear of the lot. If because of lot configuration such placement is not feasible, then the side yard may be used, but in no case shall such area(s) be located within 20 feet of any public street, public sidewalk or on-site pedestrian way.

(4)

Areas for the display and sale of seasonal merchandise shall be permanently defined and screened with walls and/or fences.

(5)

Outdoor display shall not encroach on any portion of a walkway, drive aisle or required parking space. No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 30 feet of any internal pedestrian way.

7.5.11.8.Market Study Required.

1.

Applicability and Contents. The applicant for a Special Use Permit for a retail development encompassing 100,000 square feet or more of retail floor area shall submit a market study indicating the following information:

a.

Square footage of retail space proposed.

b.

Types of retail goods to be sold (e.g., food, clothing, large appliances, small appliances, etc.).

c.

Projected retail sales of each type of good in the first and fifth year of operations.

d.

Market area of sales.

e.

Existing market volume for each type of good in the market area.

f.

Projected market volume for each type of good in the market area for five years from the date of application.

g.

Impact on existing retail establishments in terms of loss of retail sales, loss of employment or square feet of retail establishments to be vacated.

h.

Anticipated sales tax to be generated.

i.

Net sales tax revenue increase for the City resulting from the development in the first and fifth year of operations.

j.

Projected employment of the proposed development in the first and fifth year of operations.

k.

Net employment resulting from new jobs created within the proposed development and the loss of existing jobs within the City.

l.

Average wage rate anticipated by employees within the development.

m.

Factors and proposed measures to mitigate projected loss of jobs, decline in wage rates, loss of revenues and/or abandonment of existing retail buildings.

2.

Review and Action. The Planning Commission shall consider the market impacts and proposed mitigation measures in addition to other Special Use Permit criteria. The Planning Commission also shall review the market study for completeness, projected impacts of the development and the effectiveness of proposed mitigation measures in preventing the following:

a.

Net loss of employment;

b.

Decreases in prevailing wage rates;

c.

Loss of sales tax revenues; and

d.

Blight by abandonment.

7.5.12.   O/R—Office/Residential District.

7.5.12.1.Purpose of the O/R Office/Residential District.

The purpose of the Office/Residential District shall be to provide sites for administrative, executive, professional and general offices which are compatible with medium to high density residential uses, but excluding all retail or service oriented commercial uses. This district provides a buffer between commercial and low density residential areas.

7.5.12.2.O/R Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.12.3.O/R Site Development Regulations.

Each development site in the O/R Office/Residential District shall be subject to the following site development regulations in addition to any other applicable regulations under the provisions of this Land Use Regulations Ordinance or any other laws of the City, state or federal government. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

* The side yard setbacks of the site may be shifted into the opposite side yard by up to thirty (30) percent so long as the area lost in one (1) required side yard is provided in the opposite side yard and the total minimum setback of the site is provided.

(Ord. No. 18-09, 5-10-18)

7.5.12.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria below or Special Use Criteria as provided in Article 8.

7.5.12.5.Special O/R Office/Residential District Criteria.

1.

Access. O/R districts shall be located with frontage on major arterial or collector streets or on local streets in locations that do not require travel through existing or proposed residential districts to access the O/R district.

2.

Special Requirements Adjacent to Residential Districts. When a non-residential use abuts a lot or parcel in a R-1, R-1X, R-2, R-3 or MH district, hereinafter, "residentially zoned lot or parcel", the following provisions shall apply:

a.

Outdoor speakers for drive-through goods or services shall not face a residentially zoned lot or parcel located within 150 feet of the speaker unless the speaker is screened by a solid masonry wall measuring at least twelve (12) feet long by eight (8) feet tall and located within twelve (12) feet of the speaker.

b.

Other outdoor speakers are prohibited within 150 feet of a residentially zoned lot or parcel.

c.

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with section 9.2.5.8 and shall not be located within thirty (30) feet of a residentially zoned lot or parcel.

d.

All outdoor lighting must be in accordance with section 8.1.10 Supplemental Regulations for Outdoor Lighting.

3.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure or any permitted accessory structures on the site.

4.

Additional Parking Provisions.

a.

Parking provided in the O/R office residential district shall be sufficient to accommodate the peak season or peak hours of the business use and shall not adversely impact any residential use within or abutting the O/R district.

b.

When offices with hours of operation between 8:00 a.m. and 5:00 p.m. on Monday through Friday only occupy the same site as residential uses the required parking may be adjusted to provide for up to fifty (50) percent of the required residential parking to be accommodated on the required parking spaces of the office use under a shared parking agreement signed by the parties entering into such arrangement when a recorded copy of the agreement is submitted to the Planning Department for filling with the case file for the approval of the combined office/residential use by the Zoning Commission.

5.

Applicability.

a.

Design Guidelines shall apply to the new building construction, exterior renovations and modifications that require a building permit.

b.

Provisions for Non-Conforming buildings are in accordance with section 4.2.4 of the CLURO.

c.

Prior to preparing design plans for any development, the applicant shall schedule a pre-application meeting with the Planning Director or designee to discuss the procedure for approval of design drawings and the development of properties within the O/R, Office Residential Zoning District.

6.

Architectural Review shall be performed by the City's design consultants, which shall be designated by the Mayor, and which shall make recommendations to the Building Inspector prior to permits being issued.

7.

Building Elements.

a.

Compatibility with the environment. Buildings shall exhibit the ability to provide protection from rain, sun, and high humidity.

b.

Entrances. Each principle building shall have a clearly defined, inviting, highly visible customer entrance enhanced with distinguishing features such as canopies, galleries, and porticos.

c.

Facades of buildings visible to the public shall maintain the same standard of design as the front facade, including:

(1)

Screening of utilities, equipment, and building services.

(2)

Continuation of building design elements such as the quality of materials, galleries, cornices, and treatment of openings.

d.

Disruption of horizontal planes with vertical elements is required. This may include significant interruption by change in plane, material, opening, or design element, such as a tower or gable.

e.

Disciplined visible structural vocabulary must be maintained. Arcades, galleries, and roofs shall not appear to levitate in space, but shall have a visible means of support with columns and/or brackets. No overhangs in excess of 3' allowed without a visible means of support. Rafter tails are encouraged on smaller overhangs.

f.

Consistent design vocabulary for multiple structures on one property will be employed. A unifying design element such as material, color, or form should be used for all structures.

g.

No building with an industrial appearance is allowed, such as a pre-engineered metal building with metal siding and devoid of historic context.

h.

Service bays shall be oriented away from the principal street or screened.

i.

Smaller buildings should reflect the design of the historic styles, and larger buildings should be divided into smaller elements in order to incorporate historic design context.

j.

Buildings should maintain classic proportions. For example, smaller columns should be placed closer together for a more vertical proportion, and as the structure becomes more horizontal in scale the supports (columns) should have additional mass.

k.

Fascia of buildings not to exceed 16" in depth, including gutters; except for fascia used as a unifying element for multi-tenant buildings and for placement of signage for tenants. No backlit fascia. For purposes of this ordinance, fascia is defined as the horizontal plane just below the roof or coping and above the wall and/or supports.

l.

Mansard roofs used in conjunction with canopies, covered walkways and entries shall have a roof-like slope not greater than 12:12 or less than 4:12.

m.

Building should have substance - design should include base, intermediate and cap. Changes in materials should have a clear line of demarcation either by offset, reveal, or border.

n.

Shadows shall be considered as a design element.

8.

Materials. Materials shall be reviewed for compliance with historic context. The following materials have historic context:

a.

Walls: Wood, Brick, Cement Plaster (stucco).

b.

Roofing: Wood shakes, Slate/tile, Rigid Shingles with Ridge Tiles, Metal (Corrugated, V-crimp, and Standing Seam).

9.

Color. Colors shall be reviewed for compliance with historic context.

a.

Facade colors shall be low reflective and subtle. The use of primary, high intensity or metallic color is prohibited outside of the sign face.

b.

Any activity that involves changing color or refreshing color shall require a permit and shall be reviewed by the City's Design Consultants, who shall advise the Planning Director.

c.

Accurate color drawings with a list of paint numbers and elevations of every building will be required to be submitted prior to any modification.

10.

Canopies.

a.

Free (or semi-free) standing canopies, such as those used as shelters for pump islands in gas stations and porte cocheres, shall be of similar style and materials as the building. Canopies are not considered the principle structure.

b.

Unless site conditions preclude, canopies shall be attached to and made an integral part of the main building.

c.

Canopies shall have columns, beams, or brackets of sufficient scale to give a visible means of support.

d.

Clearance under canopies shall not exceed sixteen (16) feet, and cantilevered overhangs shall not exceed fifteen (15) feet.

e.

Task lighting shall be utilized to reduce light spillage. Intense general lighting under canopies is not allowed.

f.

Fascia - refer to building design elements.

g.

Disrupt long horizontal planes with vertical elements.

7.5.13.   PM-1 Marina District—Waterfront Lots.

7.5.13.1.Purpose of the PM-1 Marina District.

This district includes all the land within previously subdivided lots, lots of record or parcels of land under the same ownership not previously subdivided into lots which front on Bayou Castain or on navigable bodies of water subject to tidal waters of Bayou Castain on the date of the adoption of this Comprehensive Land Use Regulations Ordinance. The purpose of this district is to provide for the utilization of waterfront lots in association with recreational boating uses and the preservation of critical wetland vegetation areas which provide for the filtering of stormwater runoff prior to its discharge into Lake Pontchartrain as well as floodplain areas during periods of high water to reduce the impact of flood waters on adjacent developed areas.

7.5.13.2.PM-1 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.13.3.PM-1 Site Development Regulations.

Each development site in the PM-1 Marina District shall be subject to the following site development regulations in addition to any other applicable regulations under the provisions of this Land Use Regulations Ordinance or any other laws of the City, state or federal government. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

2.

Residential Site Development Regulations. Residential site development regulations shall be in accordance with the site development regulations of the R-2—Two-Family Residential District as provided under section 7.5.3.

7.5.13.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria below or Special Use Criteria as provided in Article 8.

7.5.13.5.Special PM-1 Marina District Criteria.

1.

Standards for Marina and Marina Associated Uses. Standards for marina and marina associated uses shall be in accordance with the Special Marina Use Criteria provisions of Article 8.

2.

Standards for All Non-Residential Uses. When a non-residential use abuts a lot or parcel in a R-1, R-1X, R-2, R-3 or MH district, hereinafter, "residentially zoned lot or parcel," the following provisions shall apply:

a.

Outdoor speakers for drive-through goods or services shall not face a residentially zoned lot or parcel located within 150 feet of the speaker unless the speaker is screened by a solid masonry wall measuring at least twelve (12) feet long by eight (8) feet tall and located within twelve (12) feet of the speaker.

b.

Other outdoor speakers are prohibited within 150 feet of a residentially zoned lot or parcel.

c.

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with section 9.2.5.8 and shall not be located within thirty (30) feet of a residentially zoned lot or parcel.

d.

All outdoor lighting must be in accordance with section 8.1.10 Supplemental Regulations for Outdoor Lighting.

e.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure or outside any permitted accessory structures in conjunction with a non-residential use except as specifically provided by these regulations for such uses as auto trailer and boat sales or storage.

f.

Fuel Service Facilities. Fuel service facilities on Bayou Castain shall be located in areas south of the Madison Street right-of-way in order to prevent boat traffic congestion in the sharper turns of Bayou Castain north of Madison Street. In addition, access for fuel supply trucks shall be by way of Jackson Avenue to Madison Street to prevent the fuel trucks from traveling through the predominantly single-family residential streets of the area.

2.

Combined Uses. The combining of non-residential and residential uses on one site shall be in accordance with the applicable Special Use Criteria in Article 8 and shall be subject to the requirements for the approval of a Special Use Permit as described in Article 4.

3.

Applicability.

a.

Design Guidelines shall apply to the new building construction, exterior renovations and modifications that require a building permit.

b.

Provisions for Non-Conforming buildings are in accordance with section 4.2.4 of the CLURO.

c.

Prior to preparing design plans for any development, the applicant shall schedule a pre-application meeting with the Planning Director or designee to discuss the procedure for approval of design drawings and the development of properties within the PM-1, Marina District Criteria.

d.

Architectural Review shall be performed by City's design consultants, which shall make recommendations to the Planning Director prior to permits being issued.

7.5.13.6.Building Elements.

1.

Building Design Elements.

a.

Compatibility with the environment. Buildings shall exhibit the ability to provide protection from rain, sun, and high humidity.

b.

Entrances. Each principle building shall have a clearly defined, inviting, highly visible customer entrance enhanced with distinguishing features such as canopies, galleries, and portico.

c.

Facades of buildings visible to the public shall maintain the same standard of design as the front facade, including:

(1)

Screening of utilities, equipment, and building services.

(2)

Continuation of building design elements such as the quality of materials, galleries, cornices, and treatment of openings.

d.

Disruption of horizontal planes with vertical elements is required. This may include significant interruption by change in plane, material, opening, or design element, such as a tower or gable.

e.

Disciplined visible structural vocabulary must be maintained. Arcades, galleries, and roofs shall not appear to levitate in space, but shall have a visible means of support with columns and/or brackets. No overhangs in excess of 3' allowed without a visible means of support. Rafter tails are encouraged on smaller overhangs.

f.

Consistent design vocabulary for multiple structures on one property will be employed. A unifying design element such as material, color, or form should be used for all structures.

g.

No building with an industrial appearance is allowed, such as a pre-engineered metal building with metal siding and devoid of historic context.

h.

Service bays shall be oriented away from the principal street or screened.

i.

Smaller buildings should reflect the design of the historic styles, and larger buildings should be divided into smaller elements in order to incorporate historic design context.

j.

Buildings should maintain classic proportions. For example, smaller columns should be placed closer together for a more vertical proportion, and as the structure becomes more horizontal in scale the supports (columns) should have additional mass.

k.

Fascia of buildings not to exceed 16" in depth, including gutters; except for fascia used as a unifying element for multi-tenant buildings and for placement of signage for tenants. No backlit fascia. For purposes of this ordinance, fascia is defined as the horizontal plane just below the roof or coping and above the wall and/or supports.

l.

Mansard roofs used in conjunction with canopies, covered walkways and entries shall have a roof-like slope not greater than 12:12 or less than 4:12.

m.

Building should have substance - design should include base, intermediate and cap. Changes in materials should have a clear line of demarcation either by offset, reveal, or border.

n.

Shadows shall be considered as a design element.

2.

Materials. Materials shall be reviewed for compliance with historic context. The following materials have historic context:

a.

Walls: Wood, Brick, Cement Plaster (stucco).

b.

Roofing: Wood shakes, Slate/tile, Rigid Shingles with Ridge Tiles, Metal (Corrugated, V-crimp, and Standing Seam).

3.

Color. Colors shall be reviewed for compliance with historic context.

a.

Facade colors shall be low reflective and subtle. The use of primary, high intensity or metallic color is prohibited outside of the sign face.

b.

Any activity that involves changing color or refreshing color shall require a permit and shall be reviewed by the City's Design Consultants, who shall advise the Planning Director.

c.

Accurate color drawings with a list of paint numbers and elevations of every building will be required to be submitted prior to any modification.

4.

Canopies.

a.

Free (or semi-free) standing canopies, such as those used as shelters for pump islands in gas stations and porte cocheres, shall be of similar style and materials as the building. Canopies are not considered the principle structure.

b.

Unless site conditions preclude, canopies shall be attached to and made an integral part of the main building.

c.

Canopies shall have columns, beams, or brackets of sufficient scale to give a visible means of support.

d.

Clearance under canopies shall not exceed 16 feet, and cantilevered overhangs shall not exceed 15 feet.

e.

Task lighting shall be utilized to reduce light spillage. Intense general lighting under canopies is not allowed.

f.

Fascia - refer to building design elements.

g.

Disrupt long horizontal planes with vertical elements.

7.5.14.   PM-2 Marina District—Non-Waterfront Lots.

7.5.14.1.Purpose of the PM-2 Marina District.

The purpose of the PM-2 Marina District for non-waterfront lots shall be to provide the opportunity for site plan review of developments, including a mixture of residential and non-residential uses, in close proximity to marina and other water oriented uses. Should an area be in an environmentally sensitive area that serves as the floodplain of Bayou Castain, site plan reviews are required in order to provide for the appropriate use of the lands within the district while protecting the existing residential character and important floodplain and water quality enhancement aspects of the district.

7.5.14.2.PM-2 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.14.3.PM-2 Site Development Regulations.

Each development site in the PM-2 Marina District shall be subject to the following site development regulations in addition to any other applicable regulations under the provisions of this Land Use Regulations Ordinance or any other laws of the City, state or federal government. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

2.

Residential Site Development Regulations. Residential site development regulations shall be in accordance with the site development regulations of the R-2—Two-Family Residential District as provided under section 7.5.3.

7.5.14.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria below or Special Use Criteria as provided in Article 8.

7.5.14.5.Special PM-2 Marina - Non-Waterfront Lots District Criteria.

1.

Access—Non-Residential Uses. No non-residential use which requires a Special Use Permit or requires regular deliveries by tractor/trailer trucks or vehicles which are of a load or size greater than the capacity of the streets or bridges or existing clearances of utilities or trees in the area shall be allowed in the PM-2 district.

2.

Non-Residential Use Requirements Adjacent to Residential. When a non-residential use abuts a lot or parcel in a R-1, R-1X, R-2, R-3 or MH district, hereinafter, "residentially zoned lot or parcel", the following provisions shall apply:

a.

Outdoor speakers for drive-through goods or services shall not face a residentially zoned lot or parcel located within 150 feet of the speaker unless the speaker is screened by a solid masonry wall measuring at least twelve (12) feet long by eight (8) feet tall and located within twelve (12) feet of the speaker.

b.

Other outdoor speakers are prohibited within 150 feet of a residentially zoned lot or parcel.

c.

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with section 9.2.5.8 and shall not be located within thirty (30) feet of a residentially zoned lot or parcel.

d.

All outdoor lighting must be in accordance with section 8.1.10 Supplemental Regulations for Outdoor Lighting.

3.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure or any permitted accessory structures in conjunction with a non-residential use except as specifically provided by these regulations for such uses as auto trailer and boat sales or storage.

4.

Combined Uses. The combining of non-residential and residential uses on one site shall be in accordance with Special Use Criteria in Article 8.

5.

Marina Associated Non-Residential Use Standards. Any non-residential use usually associated with marina uses located on a site in the PM-2 district shall be subject to the standards for such uses as provided under the Special District Criteria for the PM-1 District.

6.

Applicability.

a.

Design Guidelines shall apply to the new building construction, exterior renovations and modifications that require a building permit.

b.

Provisions for Non-Conforming buildings are in accordance with section 4.2.4 of the CLURO.

c.

Prior to preparing design plans for any development, the applicant shall schedule a pre-application meeting with the Planning Director or designee to discuss the procedure for approval of design drawings and the development of properties within the PM-2 Marina, Non-Waterfront District.

7.5.14.6.Building Elements.

1.

Building Design Elements.

a.

Compatibility with the environment. Buildings shall exhibit the ability to provide protection from rain, sun, and high humidity.

b.

Entrances. Each principle building shall have a clearly defined, inviting, highly visible customer entrance enhanced with distinguishing features such as canopies, galleries, and porticos.

c.

Facades of buildings visible to the public shall maintain the same standard of design as the front facade, including:

(1)

Screening of utilities, equipment, and building services.

(2)

Continuation of building design elements such as the quality of materials, galleries, cornices, and treatment of openings.

d.

Disruption of horizontal planes with vertical elements is required. This may include significant interruption by change in plane, material, opening, or design element, such as a tower or gable.

e.

Disciplined visible structural vocabulary must be maintained. Arcades, galleries, and roofs shall not appear to levitate in space, but shall have a visible means of support with columns and/or brackets. No overhangs in excess of three (3) feet shall be allowed without a visible means of support. Rafter tails are encouraged on smaller overhangs.

f.

Consistent design vocabulary for multiple structures on one property will be employed. A unifying design element such as material, color, or form should be used for all structures.

g.

No building with an industrial appearance is allowed, such as a pre-engineered metal building with metal siding and devoid of historic context.

h.

Service bays shall be oriented away from the principal street or screened.

i.

Smaller buildings should reflect the design of the historic styles, and larger buildings should be divided into smaller elements in order to incorporate historic design context.

j.

Buildings should maintain classic proportions. For example, smaller columns should be placed closer together for a more vertical proportion, and as the structure becomes more horizontal in scale the supports (columns) should have additional mass.

k.

Fascia of buildings not to exceed 16" in depth, including gutters; except for fascia used as a unifying element for multi-tenant buildings and for placement of signage for tenants. No backlit fascia. For purposes of this ordinance, fascia is defined as the horizontal plane just below the roof or coping and above the wall and/or supports.

l.

Mansard roofs used in conjunction with canopies, covered walkways and entries shall have a roof-like slope not greater than 12:12 or less than 4:12.

m.

Building should have substance. Design should include base, intermediate and cap. Changes in materials should have a clear line of demarcation either by offset, reveal, or border.

n.

Shadows shall be considered as a design element.

2.

Materials. Materials shall be reviewed for compliance with historic context. The following materials have historic context:

a.

Walls: Wood, Brick, Cement Plaster (stucco).

b.

Roofing: Wood shakes, Slate/tile, Rigid Shingles with Ridge Tiles, Metal (Corrugated, V-crimp, and Standing Seam).

3.

Color. Colors shall be reviewed for compliance with historic context.

a.

Facade colors shall be low reflective and subtle. The use of primary, high intensity or metallic color is prohibited outside of the sign face.

b.

Any activity that involves changing color or refreshing color shall require a permit and shall be reviewed by the City's Design Consultants, who shall advise the Planning Director.

c.

Accurate color drawings with a list of paint numbers and elevations of every building will be required to be submitted prior to any modification.

4.

Canopies.

a.

Free (or semi-free) standing canopies, such as those used as shelters for pump islands in gas stations and portes cochere, shall be of similar style and materials as the building. Canopies are not considered the principle structure.

b.

Unless site conditions preclude, canopies shall be attached to and made an integral part of the main building.

c.

Canopies shall have columns, beams, or brackets of sufficient scale to give a visible means of support.

d.

Clearance under canopies shall not exceed 16', and cantilevered overhangs shall not exceed 15 feet.

e.

Task lighting shall be utilized to reduce light spillage. Intense general lighting under canopies is not allowed.

f.

Fascia - refer to building design elements.

g.

Disrupt long horizontal planes with vertical elements.

7.5.15.   PD—Planned District.

7.5.15.1.Purpose of the Planned District.

The purpose of the Planned District shall be to provide for an improved level of aesthetics, safety and environmental sensitivity and design flexibility in conjunction with a site plan review procedure for the approval of residential, commercial, industrial or a combination of these uses on one unified development site by ordinance of the City Council subsequent to the recommendation of the Planning Commission. Development sites approved by ordinance under the site plan review procedures of a Planned District shall be approved as a Planned Residential District (PRD), a Planned Commercial District (PCD), a Planned Industrial District (PID) or a Planned Combined Use District (PCUD) in accordance with the classification of use or uses proposed and/or existing. Planned District applications shall contain a statement by the developer as to how the submitted plan departs from the existing requirements of this Land Use Regulations Ordinance and any other regulations applicable to the proposed use or uses for the district in which the proposed use could be established of right and how each departure improves what otherwise would be required under these regulations.

7.5.15.2.Planned District Permitted Uses.

All uses permitted in the Planned District are conditional uses and shall be subject to the procedural requirements for Conditional Use Permits and Planned District Zoning as provided in Article 4. The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.15.3.Enactment By Ordinance.

The City Council approval of a Planned District development shall be by amendment to these regulations and the Official Zoning Map. Said amendment shall designate and define the boundaries of the Planned District and include such conditions as the City Council finds are necessary to secure and protect the public health, safety, and general welfare. The procedure for the approval or denial of a Planned District application shall be in accordance with the procedural guidelines for Planned District and Conditional Use Applications as provided in Article 4.

7.5.15.4.Flexible Site Planning.

When considering a Planned District application, the unique nature of each proposal may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances, included but not limited to the width and surfacing of streets and highways, alleyways and street lights, public parks and playgrounds, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, lot and area regulations, landscaping and parking requirements. Final approval of a Planned District Development by the City Council shall constitute authority for such flexible planning to the extent that the Planned District as approved, departs from existing codes and ordinances.

7.5.15.5.Review of Plan Based on Existing Regulations.

Review of the conceptual site plan submitted in conjunction with a request for Planned District zoning or amendment shall be based upon the requirements of this Land Use Regulations Ordinance for the proposed use, including any special use criteria provided in Article 8, and the requirements of the zoning district in which the use would be permitted by right. Unless specific regulations regarding lot area, lot area per unit, or building area are set forth in Article 8 of these regulations, requirements for lot area, lot area per unit, and building area for any proposed use shall be based upon any applicable site development regulations of the following designated zoning districts.

7.5.15.6.Preliminary Subdivision Plat.

A preliminary subdivision plat shall be submitted, in accordance with the requirements as specified in Division III of these Land Use Regulations, along with the site plan submitted for Planned District approval if any subdivision of land is proposed or public improvements are proposed to be installed to service the planned development.

7.5.15.7.Existing Planned Developments.

Planned District developments approved under procedures applicable prior to the date of adoption of these Land Use Regulations shall be deemed to be Planned Districts and shall continue to be governed by regulations and requirements previously applicable. Previously existing Planned Districts shall be shown on the Zoning Map as Planned Districts.

7.5.15.8.Existing Developments Zoned as Planned Districts by this Ordinance.

Planned Districts zoning enacted in conjunction with the adoption of this Land Use Regulations Ordinance and the Official Zoning Map shall be subject to the requirements of this Ordinance. Previously developed lots shall be approved as a Planned District under the provisions of this ordinance, in accordance with the site plan approved in conjunction with the issuance of the permit for the construction of the existing structures on the individual lot for which the permit was issued. However, previously issued permits shall be subject to the provisions regarding the expiration of Conditional Use Permits as provided in Article 4 under Procedures for Conditional Use Permits and Planned District Zoning and any proposed changes to the previously permitted plans shall be subject to the procedures for the amendment of a Planned District site plan.

7.5.15.9.Undeveloped Sites Zoned as Planned District by this Ordinance.

Previously undeveloped lots zoned Planned District by the adoption of this Comprehensive Land Use Regulations Ordinance and its accompanying Official Zoning Map shall be subject to site plan review in accordance with the Procedures for Conditional Use Permits and Planned District Zoning, as provided in Article 4, prior to the issuance of any development permit for any development or use of the previously undeveloped lot.

7.5.15.10.Change of Zoning Classification.

In the event any Planned District is changed by ordinance to another zoning district, the Planned District Site Plan and Preliminary Subdivision Plat, if applicable, shall become null and void on all portions thereof affected by such change.

7.5.15.11.Parking and Landscaping Requirements.

Parking and landscaping requirements for the Planned District shall be in accordance with the provisions of Article 9 and/or Special Use Criteria as provided in Article 8 of this Land Use Regulations Ordinance and any additional requirements or special exceptions as specified in the provisions for Planned Districts.

7.5.16.   M-1 Light Manufacturing District.

7.5.16.1.Purpose of the M-1 Light Manufacturing District.

The purpose of the M-1 district shall be to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning or assembling of goods, merchandise or equipment, all within an enclosed structure and subject to the performance standards set forth in Article 8 of these regulations.

7.5.16.2.M-1 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.16.3.M-1 Site Development Regulations.

Each development site in the M-1 Light Manufacturing District shall be subject to the following site development regulations in addition to any other applicable regulations under the provisions of this Ordinance or any other laws of the City, parish, state or federal government. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

7.5.16.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria below or Special Use Criteria as provided in Article 8.

7.5.16.5.Special M-1 Light Manufacturing District Criteria.

1.

Access. M-1 districts shall be located on lots with street frontage on major arterial or collector streets only and shall not require travel through existing or proposed residential districts to access the M-1 district. Because of the potential for traffic congestion created by uses within M-1 districts, Traffic Impact Analysis may be required by the Planning Director prior to the issuance of permits for major commercial developments in accordance with the provisions for Traffic Impact Analysis provided in Article 8.

2.

Special Requirements Adjacent to Residential Districts. When a non-residential use abuts a lot or parcel in a R-1, R-1X, R-2, R-3 or MH district, hereinafter, "residentially zoned lot or parcel", the following provisions shall apply:

a.

Outdoor speakers for drive-through goods or services shall not face a residentially zoned lot or parcel located within 150 feet of the speaker unless the speaker is screened by a solid masonry wall measuring at least twelve (12) feet long by eight (8) feet tall and located within twelve (12) feet of the speaker.

b.

Other outdoor speakers are prohibited within 150 feet of a residentially zoned lot or parcel.

c.

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with section 9.2.5.8 and shall not be located within thirty (30) feet of a residentially zoned lot or parcel.

d.

All outdoor lighting must be in accordance with section 8.1.10 Supplemental Regulations for Outdoor Lighting.

3.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure or any permitted accessory structures on the site except as specifically provided by these regulations for such uses as auto trailer and boat sales or storage.

4.

Storage of Waste Materials. No waste materials that are the product of any research, testing or manufacturing activity may be stored on site.

7.5.17.   M-2 General Manufacturing District.

7.5.17.1.Purpose of the M-2 General Manufacturing District.

The purpose of the M-2 district shall be to provide an area for industrial development that is compatible with the residential emphasis of the community. Industrial uses that will be permitted by right shall be safe and non-offensive to protect the natural character of the community and the integrity of surrounding residential districts. An industrial use that may adversely impact surrounding districts will be subject to the Special Use Permit or Conditional Use Permitting procedure as outlined in Article 4. Industrial uses, whether permitted conditionally or by right, will be subject to the performance standards of Article 8 of these regulations.

7.5.17.2.M-2 Permitted Uses.

The uses permitted in this zoning district, including signage, shall be in accordance with those uses listed under this district in the Table of Permitted Uses By Zoning District found at the end of this Article and shall be subject to all applicable provisions of this Land Use Regulations Ordinance including any supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

7.5.17.3.M-2 Site Development Regulations.

Each development site in the M-2 General Manufacturing District shall be subject to the following site development regulations in addition to any other applicable regulations under the provisions of this Land Use Regulations Ordinance or any other laws of the City, state or federal government. The Planning Director may grant exceptions to the following standards pursuant to section 4.3.5.

7.5.17.4.Parking and Landscaping Requirements.

Parking and landscaping requirements for this district shall be in accordance with the provisions of Article 9 of this Land Use Regulations Ordinance and any additional requirements as specified in the special district criteria below or Special Use Criteria as provided in Article 8.

7.5.17.5.Special M-2 General Manufacturing District Criteria.

1.

Access. M-2 districts shall be located on lots with street frontage on major arterial or collector streets only and shall not require travel through existing or proposed residential districts to access the M-1 district. Because of the potential for traffic congestion created by uses within M-2 districts Traffic Impact Analysis may be required by the Planning Director prior to the issuance of permits for major commercial developments in accordance with the provisions for Traffic Impact Analysis provided in Article 8.

2.

Special Requirements Adjacent to Residential Districts. When a non-residential use abuts a lot or parcel in a R-1, R-1X, R-2, R-3 or MH district, hereinafter, "residentially zoned lot or parcel", the following provisions shall apply:

a.

Outdoor speakers for drive-through goods or services shall not face a residentially zoned lot or parcel located within 150 feet of the speaker unless the speaker is screened by a solid masonry wall measuring at least twelve (12) feet long by eight (8) feet tall and located within twelve (12) feet of the speaker.

b.

Other outdoor speakers are prohibited within 150 feet of a residentially zoned lot or parcel.

c.

Dumpsters shall be screened on all sides facing residentially zoned property in accordance with section 9.2.5.8 and shall not be located within thirty (30) feet of a residentially zoned lot or parcel.

d.

All outdoor lighting must be in accordance with section 8.1.10 Supplemental Regulations for Outdoor Lighting.

3.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure or any permitted accessory structures on the site except when screened from view of any adjacent property or street rights-of-way and as specifically provided by these regulations for such uses as auto trailer and boat sales or storage.

4.

Storage of Waste Materials. No waste materials that are the product of any research, testing or manufacturing activity may be stored on site.

7.5.18.   Town Center District.

7.5.18.1.Purpose of the Town Center District.

1.

The purpose of the Town Center District (TC) is to develop an identifiable center of the City of Mandeville with the Trailhead as its nucleus. Its intent is to further define a sense of community and to promote and develop the culture, history, and environment of Mandeville for the betterment of the City. This fully realized Town Center will incorporate a planned and architecturally enhanced area, including, but not limited to, building orientation, scale and human relationship, streetscape, vehicular and pedestrian movement, services and utilities, and uses necessary to develop the overall fabric of a Town Center.

2.

The area encompassed by this district shall include not only that area adjacent to the Trailhead, but may include additional properties designated as critical to the integration of the Town Center into the community.

3.

The TC District standards shall apply to new building construction, renovations, and modifications that require a building permit and which are located within the designated boundaries of said district.

4.

In order to achieve an identifiable Town Center, the following objectives shall be addressed:

a.

Human scale, realized by building orientation, setback, height and articulation.

b.

Streetscape, including parking, sidewalks, lighting, signs, landscaping, utilities and amenities.

c.

Applicable elements of Old Mandeville and St. Tammany Parish will serve as a model for implementation to the district requirements and restrictions, as identified with the assistance of the City's Design Consultants.

7.5.18.2.Town Center Permitted Uses.

1.

Permitted Uses shall be in accordance with CLURO section 7.7 Table of Permitted Uses for the T-C, Town Center District

2.

Such uses shall be subject to all applicable provisions of this Land Use Regulations Ordinance including all supplemental or special use criteria provided in Article 8 and the Sign Code in Article 10.

3.

Residential use shall be prohibited on the ground floor frontage. However, residential units may front on an alley or may be authorized by Conditional Use Permit for properties located west of and not fronting on Lafitte Street subject to the finding that, in addition to the criteria established in section 4.3.3.8, the design, location and amount of ground floor residential development will not detract from the long-term commercial vitality of the district. Live-work units, access to residences on upper floors and mixed-use buildings may be established provided that no ground floor living space fronts on the above blocks.

7.5.18.3.Town Center Site Development Regulations.

Each development site in the Town Center District shall be subject to the site development regulations as outlined in the B-3 Zoning District, and B-3 Design Standards, as amended by the Visual Performance Standards for the Town Center District. For attached residential and mixed use development, there shall be a minimum of two thousand (2,000) square feet of gross lot area per dwelling unit. Where a conflict exists between the B-3 regulations and standards and the provisions of the Town Center, Overlay District, the provisions of the TCOD and Visual Performance Standards shall supersede the B-3 regulations and standards.

7.5.18.4.Parking Requirements.

Except as provided in this section, each development site in the Town Center District shall be subject to the parking requirements as outlined in the B-3 Zoning District. Where a conflict exists between the B-3 requirements and the provisions of the Town Center Overlay District, the provisions of the TCOD and Visual Performance Standards shall supersede the B-3 regulations and standards.

1.

All on-site parking shall be located to the rear of the structure, and should be designed to be shared with adjacent property with shared access.

2.

Access drives and alleyways shall be accessible to adjacent properties.

3.

All on-street parking (parallel or angle) immediately adjacent to the site can be counted by right.

4.

The owner shall provide the City with a servitude to provide for parking and pedestrian passage adjacent to any Street right-of-way of at least twelve feet (12') at ground level and not less than 12' structural height.

5.

Should the owner desire to provide the City with additional servitude to accommodate 60 degree angle parking, and the Planning Director, after conferring with the City's design consultants, agrees that this is compatible with parking on adjacent parcels, then the additional parking spaces can be counted towards the minimum parking requirement.

6.

The minimum required number of Parking spaces shall be in accordance with section 9.1.4 of the CLURO, section 6.4.70.1 Shopping Center, Neighborhood, for commercial uses and section 6.2 for Residential uses, except that no parking shall be required for the commercial component of any commercial or combined-use development that generates demand for eight (8) or fewer parking spaces.

7.

Reductions in Required Parking.

a.

By Right Parking Reductions

(1)

The minimum on-site parking requirement shall be two (2) spaces unless otherwise required by this section or Article 9 of this CLURO. No additional spaces shall be required for non-residential uses on any lot that generate the need for eight (8) or fewer spaces in the B-3 zoning district in accordance with the minimum parking space requirements of Article 9.

(2)

When on-street parallel parking is available in areas where shoulders are adequate for parking or when public on-street parking bays are available, the required number of off-street parking spaces for non-residential uses may be reduced by up to a number equal to the number of on-street spaces abutting the lot. No fraction of a space shall be counted when using this provision.

b.

Parking Reductions by Exception. In the T-C District, parking requirements for non-residential uses may be reduced or waived by the Zoning Commission in conjunction with a Special Use Permit application and based on the findings of the Zoning Commission that the reduction or waiver does not adversely affect surrounding commercial or residential uses and:

(1)

Existing public parking within the area is sufficient to accommodate the proposed use; or

(2)

The person receiving an exception to reduce the number of spaces agrees to contribute to the Optional Parking Mitigation Fund established for the purpose of providing public parking and pedestrian amenities in accordance with a Master Plan of the B-3 District in accordance with section 9.3 of this Code; or

(3)

The person receiving the exception has agreed to provide public improvements that mitigate the parking reduction within six hundred (600) feet of where the proposed use is located and the installation of sidewalks or pedestrian ways between the parking and the site.

8.

Outside Storage or Display. There shall be no display or storage of goods outside of the principal structure or any permitted accessory structures on the site except outdoor display of goods for sale during business hours.

7.5.18.5.Pedestrian and Streetscape Amenities.

1.

Purpose. The purpose of these standards is to promote and improve the pedestrian environment in the Town Center Overlay District through the provision of appropriate amenities.

2.

Applicability. The standards in this section are applicable to all actions proposed within the TCOD that are subject to site plan review. In addition to the materials regularly submitted for site plan review, the following items shall be incorporated into plans and specifications for a project located in the TCOD.

3.

Amenities.

a.

Amenities shall include, but not be limited to bike racks, seating, trash receptacles, lighting, landscaping, signage, sidewalks and fences.

b.

Amenities shall be required as part of the streetscape, shown on the site plan, and subject to review.

4.

Minimum Site Development Criteria. The following minimum site development criteria shall be utilized for Site designs within the Town Center Overlay District:

a.

Sidewalks. Minimum six (6') Sidewalks shall be made part of the Streetscape.

(1)

Surfaces for sidewalks shall be consistent with the criteria established by the Trailhead.

(2)

Owner shall provide the city with an adequate servitude to provide for pedestrian passage adjacent to the street right-of-way of at least twelve (12) feet at ground level and not less than twelve (12) structural height.

b.

Landscaping.

(1)

Landscaping shall be an architectural element and subject to review.

(2)

Landscaping will be utilized to the fullest extent possible as part of the streetscape elements.

(3)

Landscaping shall be placed in planter sections between the edge of street (curb) and the sidewalk. This landscape area shall be incorporated into the servitude of passage.

(4)

Required trees shall be planted in a minimum twenty-five (25) square feet, five (5) feet minimum on one side planter sections. The location of these sections will be subject to site plan review.

c.

Signs.

(1)

Signs shall be considered an architectural element and subject to review.

(2)

Signs shall be a maximum of fifteen (15) square feet; no interior lit signs; bottom of sign over sidewalk must have a minimum nine (9') foot clearance above the sidewalk.

d.

Lighting.

(1)

Lighting shall be considered an architectural element and subject to review.

(2)

Lighting shall comply with the style and specifications of the Trailhead, Gerard Street Corridor and comply with the CLURO.

e.

Alleys. Alleys meeting the minimum requirements of section 13.3.4.4 shall be provided extending from Girod to Carroll (or Lafitte) Streets in the block on the north side of General Pershing Street and the south side of Woodrow Street. As part of the Special Use Permit approval process, the Zoning Commission may authorize alternative designs that effectively provide access to the rear of proposed developments for sanitation services parking and other purposes, and include the dedication of necessary rights-of-way or servitudes.

7.5.18.6.Architectural Review Standards.

1.

Purpose. The purpose of these standards is to achieve an integrated design that provides an architectural and visual environment consistent with the town center concept.

2.

Applicability. This section is applicable to new building construction and building exterior renovations/modifications that require a building permit.

3.

Minimum performance criteria. In order to determine that new building construction or building exterior modifications contribute to a harmonious effect in the Town Center Overlay District and promote a cohesive architectural appearance, the following minimum performance criteria shall apply:

a.

Materials. Traditional materials are generally required in the Town Center; however, contemporary materials may be considered if they are treated in a manner complementary to the concept of the Town Center.

b.

Mechanical and electrical equipment. Mechanical equipment shall be screened, subject to review.

c.

Architectural features shall be in accordance with the Visual Performance Standards, which are attached hereto and are made a form of this ordinance.

d.

Visual Performance Standards shall include but not be limited to:

(1)

Building setbacks, including porches and balconies;

(2)

Building height (not to exceed 35' as per the CLURO);

(3)

Materials;

(4)

Amenities.

[See attached Visual Performance Standards]

7.5.18.7.Review Body.

Architectural Review shall be performed by the City's design consultants designated by the City of Mandeville.

7.5.18.8.Appeals.

1.

Application procedures shall comply with Article 5 of the CLURO for Filing Appeals.

2.

Appeals shall be in accordance with section 4.3.4 of the CLURO.

7.6.1.   D-O Drainage Overlay District.

7.6.1.1.Purpose of the Drainage Overlay District.

The purpose of the drainage overlay district is to provide for the maintenance of existing natural drainage areas in a naturalistic state while protecting the public health, safety and welfare in order to provide for areas (1) to accommodate the spread of stormwaters during high water conditions, (2) to preserve the natural beauty and character of the community, (3) to provide natural habitat for native vegetation and for the preservation of wildlife in linear corridors which provide linkage between open space habitat parcels, and (4) to retain and filter stormwater as it flows to the lake in order to reduce the effects of runoff pollutants on the lake.

7.6.1.2.D-O Permitted Uses.

The permitted uses in the D-O District shall be in accordance with the uses permitted in the base zoning districts as listed in the Table of Permitted Uses By Zoning District found at the end of this Article.

7.6.1.3.Areas Within D-O Drainage Overlay Districts.

1.

Any lot, lot of record, or parcel of land made up of lots, lots of record or combination of lots and portions of lots in single ownership are considered to be a single parcel under the provisions of these regulations.

2.

The D-O district includes any area that is below six (6) feet MSL, is adjacent to or includes areas of periodic inundation (5 ft. MSL or lower) from the flood waters of a natural drainageway through the City of Mandeville including those areas adjacent to natural drainageways subject to the regulations of the State Coastal Management Division, subject to Section 10 of the Rivers and Harbors Act and subject to Section 404 of the Clean Water Act.

3.

For purposes of site development, the portion of the lot within the mapped boundaries of the D-O district shall be considered to be a parcel within the D-O District unless the applicant provides credible evidence that the natural grade of the area is above six (6) feet MSL.

4.

No new lot shall be created with a buildable area located below five (5) feet MSL, referred to hereafter as the area of periodic inundation, unless the Zoning Commission finds that the lot can be safely accessed and developed in accordance with the provisions of this CLURO.

7.6.1.4.D-O Site Development Regulations.

For the purposes stated in the creation of this overlay district, no fill shall be placed and the vegetative matter shall be preserved undisturbed in the mapped boundaries of the D-O District except in compliance with the provisions of this CLURO. Any development of land shall only occur in the buildable area of lots outside of the D-O District, except in cases where the remaining buildable area of the site is insufficient to meet the requirements of the district in which it is located and to construct a proposed building in which case the following provisions shall apply.

1.

Compliance with Grading, Fill and Foundation Supplement. In addition to the provisions of this section, development shall comply with the provisions of section 5.2.3.

2.

Construction in Buildable Area of Lot. When a previously subdivided or legally created lot of record or a single undivided parcel of land under the provisions of Article 4, Non-Conforming Lots, is deficient in required area or required buildable area due to areas of periodic inundation, as defined, or areas subject to state and federal jurisdiction as listed above, the owner may construct a single-family home in base residential districts or a non-residential building as permitted in the base zoning district on the non-conforming lot provided that the building is placed in such a way so as not to disturb the vegetation or require the placement of fill in the mapped boundaries of the D-O District; provided, however, that the proposed building site falls within the buildable area of the lot or lots under single ownership and meets all other requirements of the base district in which it is located.

3.

Construction in Mapped Boundaries of the D-O District. In those situations in which the buildable area is insufficient for the construction of a proposed building or structure, which in all other respects meets the requirements of the base zoning district in which it is to be located, the building or structure may be constructed within the D-O District, provided that:

a.

Grading, fill, foundations and driveways comply with the standards of section 5.2.3.2;

b.

The proposed building or structure is to the greatest extent possible located out of any area of periodic inundation; and

c.

Existing vegetation within areas of periodic inundation is disturbed by construction to the minimum extent possible and is restored to the extent possible to its condition prior to the commencement of construction as soon as is reasonably possible after construction is completed or abandoned; and

d.

No fill material shall be used to satisfy the floor elevation requirements of the National Flood Insurance Program for construction proposed for any lot or parcel of land located in an area designated as an "A" or "V" zone on the latest flood insurance rate map issued by or under the auspices of the Federal Emergency Management Agency.

4.

Permits Required Prior to Construction. No development within an area of periodic inundation shall occur until a development permit for the proposed activity has been approved and issued to the applicant by the Building Inspector. Nothing herein shall excuse an applicant who has obtained a development permit from the City for work or construction in the mapped boundaries of the D-O District that is subject to the jurisdiction of a state or federal permitting agency from any requirement to obtain all licenses or permits required by such agencies for the proposed work or construction. In those instances in which proposed development activity will be subject to the permitting authority of both the City of Mandeville and of one or more state or federal agencies, applicants are urged to first obtain all permits required by the City under the terms of these regulations.

5.

Construction of Parking. Any required parking spaces shall be located in areas outside of any areas of periodic inundation except in cases where such area is insufficient to provide the required parking spaces, in which case the minimum number of required parking spaces and an access drive may be provided in the areas of periodic inundation, provided they are located outside of any areas of periodic inundation to the greatest extent possible and no more than the minimum required area per parking space and access drive is constructed within any areas of periodic inundation.

6.

Culverting of Natural Drainageways. It shall be prohibited to culvert an area identified by the city as a natural drainageway unless determined by the City Council to be in the interest of the health, safety and welfare of the general public after holding a public hearing on the matter.

7.

Greenbelts Adjacent to Natural Drainageways.

a.

Areas of Periodic Inundation as Greenbelt. On parcels of land containing areas of periodic inundation adjacent to natural drainageways, the areas of periodic inundation, or an area a minimum depth of fifteen feet, whichever is greater, shall be maintained in its natural vegetative state except for one fifteen (15) foot accessway to the drainageway in every one hundred fifty (150) feet or major fraction thereof.

b.

Greenbelts Adjacent to Ridges, Bulkheads and/or Manmade Edges. When the edge of an area adjacent to a natural drainageway or navigable waterway is not subject to periodic inundation and does not fall within the jurisdiction of the state or federal agencies noted above due to a ridgeline, bulkheading, filling or other manmade alteration of the edge of the drainageway, or is the edge of a marina basin, such edge shall be required to preserve any existing vegetation within an area fifteen (15) feet in depth from the waters edge or any built edge adjacent to the water except for one fifteen (15) foot accessway to the waters edge every 150' or major fraction thereof. In addition, if such a greenbelt does not currently exist on a previously developed site, a fifteen (15) foot greenbelt meeting the requirements of the greenbelt provisions of Article 9 Landscaping Provisions shall be required to be installed in conjunction with the issuance of any development permits on the development site.

7.6.2.   G-O Gateway Overlay District.

7.6.2.1.Purpose of the G-O Gateway Overlay District.

The purpose of the G-O Gateway Overlay District shall be to preserve the identified character of the City in the corridors identified as the gateways to the north shore.

7.6.2.2.Finding of Facts, Statement of Purpose and Need for Regulation.

1.

The Gateway Overlay District is identified as those corridors listed in section 7.6.2 of this Ordinance, and that all commercially zoned property within the City Limits adjacent to the above Gateway Corridors shall be subject to Design Guidelines.

2.

The need for the Gateway Overlay District including design guidelines is to create a sense of place for Mandeville and Western St. Tammany Parish has been identified by the citizenry of Mandeville.

3.

The City of Mandeville has a strong historic context with seven principle architectural styles, six of which were used to establish the design guidelines. Public comment indicated that the modern style, although identified was not desirable and does not fit into the image of historic context. Those styles are as follows:

a.

Creole Colonial: the earliest buildings in town, which generally can be linked to de Marigny. These houses have a central hall, porches front and back, and symmetrical plan. This style influenced the next two styles:

b.

Northshore: a cottage with porches on two or more sides, with rooms opening onto outside galleries, that has its roots in the need for rooms for tourists (boarding houses). It has a very vertical style with simple columns and railings (if any). Ornamentation was added to some for Victorian or Carpenter hybrids.

c.

Coastal Classical: a humble hybrid of the neo-classical with a center hall plan, and larger heavier columns with capital and base, and heavier railings on the front porch. Some more classical elements and details, such as a cornice were added. Symmetrical plan and front elevation was usually a single-family dwelling.

d.

Victorian (high, middle, and low): Characterized by vertical proportions, front facing gables, ornamentation, and a departure from symmetry. Frequently served as the basis for "modernizing" the earlier Creole and Northshore cottages.

e.

Carpenter Style: Reflects a period in Mandeville history when a large segment of the population was employed by the sawmill. Based on several other styles including the Coastal, Victorian, and Bungalow. Characterized by the use of jigsaw-cut boards for ornamentation, including railing pickets, rake trim, trellis, columns, etc. In the twenties and thirties, this style became the "modern" bungalow style, with tapered square columns supported by brick railing high piers. Several Creole cottages were "modernized" into this style. First Mandeville style to utilize longer spans and more horizontal proportions.

f.

Modern: Mechanical cooling and automobile accommodation mark the basis for this style. Usually stripped clean of detail, introverted, industrial in style, and simplistic use of material, and almost total rejection of classical discipline. This style was not recommended by the citizenry as a style to be used to establish historic context.

g.

Post-Modern: An attempt to make Modernism more humane with the incorporation of classical elements. Most better-designed shopping centers in the area are in this style.

4.

The use of the Gateway Corridors is one of local and commuter traffic at lower speed levels, without need to service large numbers of transients or interstate commerce, and therefore the current design vocabulary used by some national chains and franchises is typically not valid within these corridors.

5.

The proximity of residential zoning and uses to the Gateway Overlay District Corridors demands respectful design standards to be compatible with the character of residential development.

6.

Energy conservation will be enhanced by buildings being designed with respect for our environment.

7.

Gateway Overlay District should be more pedestrian friendly and integrate alternative transportation elements such as sidewalks, and bike paths.

8.

A format for businesses to be put on an even footing of cooperation rather than competition will be provided.

9.

The Gateway Overlay District has been historically developed and zoned "business" and not industrial and should reflect that image.

10.

The Design Guidelines complement the existing Landscape, Sign, and Lighting Ordinances.

11.

Agreements must be developed and enforced between St. Tammany Parish and the City of Mandeville to require that all Commercial properties within the Gateway Overlay District Corridors be treated according to the Guidelines applicable to both Parish and City Properties.

7.6.2.3.G-O Permitted Uses.

The permitted uses in the G-O District shall be in accordance with the uses permitted in the base zoning districts as listed in the Table of Permitted Uses By Zoning District found at the end of this Article, except in the case of proposed construction in areas of periodic inundation as provided below which require a Special Use Permit issued in conjunction with the approval of the Zoning Commission.

7.6.2.4.Pre-application Procedures For All Properties Within The Gateway Overlay District.

Prior to preparing a conceptual site plan for any development and before any construction, clearing or other ground work is undertaken, the applicant shall schedule a pre-application meeting with the Planning Director or Designee to discuss the procedure for approval of site plans and for the development and construction of properties in the Gateway Overlay District.

7.6.2.5.Area Within G-O Gateway Overlay District.

Any lot, lot of record, or parcel of land made up of lots, in single ownership, which are considered to be a single parcel under the provisions of these regulations including the provisions of Article 4, which has frontage on the following:

1.

LA Highway 22 from the western city limits eastward to its intersection with US Highway 190;

2.

US Highway 190, from its intersection with LA Highway 22 eastward to the eastern city limits at Bayou Castain;

3.

West Causeway Approach, and adjacent service roads, identified as Weldon Park Drive and Beau Rivage Village service road;

4.

East Causeway Approach;

5.

North Causeway Approach from the foot of the Lake Pontchartrain Causeway to its intersection with LA Highway 22 and adjacent service roads, including Lovers Lane and Elmwood Place.

7.6.2.6.G-O Site Development Regulations.

1.

Control of Access. Because of the high volume of traffic on the gateway corridors and their associated service roads, existing non-conforming development sites which do not conform to the controlled access provisions of Article 9 associated with parking and landscaping, shall be required to conform to the provisions of Article 9 at the end of a three year amortization period which begins at the time of the adoption of this Land Use Regulations Ordinance, or three years from the time they were included within the Gateway Overlay District.

2.

Landscaping. The appearance of the sites which front on the gateway corridors is critical to the image that the City of Mandeville and the north shore as a whole presents to visitors arriving by way of the Causeway. For this reason the landscaping requirements of Article 9 shall apply to all lots within the G-O District and existing non-conforming development sites which do not conform to the full provisions of the landscape requirements of Article 9, shall be required to conform at the end of a three year amortization period which begins at the time of the adoption of this Comprehensive Land Use Regulations Ordinance, or three years from the time they were included within the Gateway Overlay District, with the following additional criteria:

3.

Height. The height limitations of structures in the base zoning districts shall be strictly adhered to in the G-O District to preserve the identified character of the City which states that trees are and shall remain the dominant vertical element of the community. This provision applies to all structures including signs.

4.

Signs. Signs in the G-O District shall be in conformance with CLURO section 10.5.3 for the B-4 district.

5.

Periphery Greenbelt. A twenty-five foot (25') periphery landscape area, also known as the greenbelt area, shall be required to be located adjacent to the property line of the right-of-way of any road or street within the G-O District upon which the site fronts. That if undue hardship is created on any specific lot due to the increased depth of the greenbelt, then variance procedures as outlined in section 4.3.4.5 of the CLURO may be followed.

a.

The greenbelt throughout the Highway 190 Widening Project Corridor, (Highway 190 right-of-way from its intersection with Highway 22 to its intersection with the Mandeville City Limits at Bayou Castain), shall be defined as the area from the existing DOTD right-of-way line a distance of twenty-five (25') feet or from the existing DOTD right-of-way line to the new DOTD right-of-way line, whichever is greater; and

b.

All non-conforming development sites along the Highway 190 Widening Project Corridor shall follow section 4.2.3 provisions for legally non-conforming development sites as outlined under the CLURO.

6.

Minimum off-street parking requirements may be reduced by right in order to allow for the same density of development utilizing the following formula: (10 x frontage of property / 162).

7.

Shared Vehicular Access Interconnection of parking areas via access drives within and between adjacent lots is required. Written assurance and/or deed restriction, square feet satisfactory to the City Attorney, binding the owner and his/her successors and assignees to permit and maintain such internal access and circulation and interconnection of parking facilities.

8.

Shared Pedestrian Access. Interconnection of pedestrian accesses within and between adjacent lots and connection to existing pedestrian infrastructure is required. Written assurance and/or deed restriction, satisfactory to the City Attorney, binding the owner and his/her successors and assignees to permit and maintain such internal access and circulation and interconnection of parking facilities.

9.

Communication towers located within the Gateway Overlay District shall constructed in the form of a monopine (tree-like structure). All other Communication Tower Application Requirements as outlined under section 8.1.2.2 of the CLURO shall apply.

10.

Applicability.

a.

The Gateway Overlay District Design Guidelines shall apply to the new building construction, exterior renovations and modifications that require a building permit and which are located in the designated gateway overlay district.

b.

Provisions for Non-Conforming buildings are in accordance with section 4.2.4 of the CLURO.

c.

Prior to preparing design plans for any development, the applicant shall schedule a pre-application meeting with the Planning Director or designee to discuss the procedure for approval of design drawings and the development of properties within the Gateway Overlay District.

7.6.2.7.Architectural Review.

Architectural Review shall be performed by the City's design consultants, which shall be designated by the Mayor, and which shall make recommendations to the Building Inspector prior to permits being issued.

7.6.2.8.Building Elements.

Seven historic architectural styles for the City of Mandeville have been identified. These styles are: Creole Colonial, Northshore, Coastal Classical, Victorian, Carpenter Style, Modern, and Post-Modern. It is recognized that six of the above styles are hybrids of the pure historic Architectural styles, and the intrinsic common elements are used to form the basis for the following guidelines:

1.

Building Design Elements.

a.

Compatibility with the environment. Buildings shall exhibit the ability to provide protection from rain, sun, and high humidity.

b.

Entrances - each principle building shall have a clearly defined, inviting, highly visible customer entrance enhanced with distinguishing features such as canopies, galleries, and porticos.

c.

Facades of buildings visible to the public shall maintain the same standard of design as the front facade, including:

(1)

Screening of utilities, equipment, and building services.

(2)

Continuation of building design elements such as the quality of materials, galleries, cornices, and treatment of openings.

d.

Disruption of horizontal planes with vertical elements is required. This may include significant interruption by change in plane, material, opening, or design element, such as a tower or gable.

e.

Disciplined visible structural vocabulary must be maintained. Arcades, galleries, and roofs shall not appear to levitate in space, but shall have a visible means of support with columns and/or brackets. No overhangs in excess of 3' allowed without a visible means of support. Rafter tails are encouraged on smaller overhangs.

f.

Consistent design vocabulary for multiple structures on one property will be employed. A unifying design element such as material, color, or form should be used for all structures.

g.

No building with an industrial appearance is allowed, such as a pre-engineered metal building with metal siding and devoid of historic context.

h.

Service bays shall be oriented away from the principal street or screened.

i.

Smaller buildings should reflect the design of the historic styles, and larger buildings should be divided into smaller elements in order to incorporate historic design context.

j.

Buildings should maintain classic proportions. For example, smaller columns should be placed closer together for a more vertical proportion, and as the structure becomes more horizontal in scale the supports (columns) should have additional mass.

k.

Fascia of buildings not to exceed 16" in depth, including gutters; except for fascia used as a unifying element for multi-tenant buildings and for placement of signage for tenants. No backlit fascia. For purposes of this ordinance, fascia is defined as the horizontal plane just below the roof or coping and above the wall and/or supports.

l.

Mansard roofs used in conjunction with canopies, covered walkways and entries shall have a roof-like slope not greater than 12:12 or less than 4:12.

m.

Building should have substance. Design should include base, intermediate and cap. Changes in materials should have a clear line of demarcation either by offset, reveal, or border.

n.

Shadows shall be considered as a design element.

2.

Materials. Materials shall be reviewed for compliance with historic context. The following materials have historic context:

a.

Walls: Wood, Brick, Cement Plaster (stucco).

b.

Roofing: Wood shakes, Slate/tile, Rigid Shingles with Ridge Tiles, Metal (Corrugated, V-crimp, and Standing Seam).

3.

Color. Colors shall be reviewed for compliance with historic context.

a.

Facade colors shall be low reflective and subtle. The use of primary, high intensity or metallic color is prohibited outside of the sign face.

b.

Any activity that involves changing color or refreshing color shall require a permit and shall be reviewed by the City's Design Consultants, who shall advise the Planning Director.

c.

Accurate color drawings with a list of paint numbers and elevations of every building will be required to be submitted prior to any modification.

4.

Canopies.

a.

Free (or semi-free) standing canopies, such as those used as shelters for pump islands in gas stations and porte cocheres, shall be of similar style and materials as the building. Canopies are not considered the principle structure.

b.

Unless site conditions preclude, canopies shall be attached to and made an integral part of the main building.

c.

Canopies shall have columns, beams, or brackets of sufficient scale to give a visible means of support.

d.

Clearance under canopies shall not exceed 16', and cantilevered overhangs shall not exceed 15 feet.

e.

Task lighting shall be utilized to reduce light spillage. Intense general lighting under canopies is not allowed.

f.

Fascia - refer to building design elements.

g.

Disrupt long horizontal planes with vertical elements.

5.

Site Features.

a.

Fence or hedge of not less than 30" or more than 48" in height along property lines of each public street (not to interfere with sight triangles as established in section 8.1.1.8.) Fence shall be wood picket, or wrought iron pickets with masonry columns. Vehicular screening as required under section 9.2.5.5.2 of the CLURO may be waived if a fence is used.

b.

Sidewalks of not less than four feet in width connecting sidewalks in public right-of-way to sidewalks with the building entry.

c.

Sidewalks along the facade with a customer entrance and connecting parking areas and adjacent buildings in order to minimize pedestrian traffic within vehicular drives and parking areas.

d.

Distinguish internal pedestrian walkways from driving surfaces through the use of special materials.

e.

Screen Mechanical equipment, electrical service entries, dumpsters, and equipment (not used by the customer) from the public view. Screening may be by fence, landscaping, or building element, such as a parapet.

f.

Automobile and marine sales and displays shall follow the restrictions of parking areas in the CLURO and the landscaping, signage, and lighting requirements associated with parking lots and circulation. Areas used for storage or display of vehicles to be serviced shall be screened with opaque fencing and/or landscaping.

6.

Signage. Signage in the Gateway Overlay District shall be provided in accordance with Article 10, Sign Code.

(Ord. No. 23-19, Exh. A, § 2, 6-8-23)

7.6.2.9.Procedure for Filing Appeals.

Appeals shall be in accordance with section 4.3.4 of the CLURO.

7.6.3.   L-O Lakefront Overlay District.

7.6.3.1.Purpose of the L-O Lakefront Overlay District.

The purpose of the L-O Lakefront Overlay District shall be to preserve the historic character of the area and the appearance that the lakefront presents to travelers of the Causeway at night.

7.6.3.2.L-O Permitted Uses.

The permitted uses in the L-O District shall be in accordance with the uses permitted in the base zoning districts as listed in the Table of Permitted Uses By Zoning District at the end of this Article, except where proposed construction is in areas of periodic inundation provided below which require a Special Use Permit issued in conjunction with the approval of the Zoning Commission.

7.6.3.3.Area Within L-O Lakefront Overlay Districts.

Any lot, lot of record, or parcel of land made up of lots, lots of record or combination of lots and portions of lots in single ownership, which are considered to be a single parcel under the provisions of these regulations including the provisions of Article 4, which is within or adjacent to any portion of the Open Space/Recreation district which follows the Lake Pontchartrain shoreline and includes the public harbor at Bayou Castain shall be considered to be a parcel within the L-O Lakefront Overlay District and shall be subject to the regulations of this district.

7.6.3.4.L-O Site Development Regulations.

1.

Front Yard Setback. The front yard setback requirement of sites within the L-O District shall be required to be the average of the existing front yard setbacks of the adjacent lots or a minimum of twenty-five (25) feet except in the B-3 base district, in which case the requirements of the base district shall apply.

2.

Lighting. In order to maintain the historic character of the night time view of the lakefront from Lake Pontchartrain and in order to preserve the view of the nighttime sky for evening strollers along the lakefront area, both high and low pressure sodium lights or any lights which produce a color spectrum, other than that produced by the existing incandescent lighting in the area, shall be prohibited.

7.6.4.   Historic Preservation District.

7.6.4.1.Purpose of the Historic Preservation District.

The purpose of the District is to promote the educational, cultural, economic, and general welfare of the City pursuant to the provisions of Sections 731 to 745 Title 25 of the Louisiana Revised Statutes and other statutory and constitutional authority supplemental thereto. The regulations established in this chapter are intended to preserve and protect the historical architecturally worthy buildings, structures, sights, monuments, streetscapes, squares, and neighborhoods of the District. In particular, this District seeks:

1.

To maintain neighborhood character and integrity by focusing special attention on the maintenance of the built environment and the enhancement of physical, social and economic resources and the accommodation of desirable change.

2.

To promote reinvestment in the neighborhood by fostering stable property values and enhancing the economic viability of the District and the City as a whole.

3.

To preserve the mature architectural character of the District.

4.

To set standards for the maintenance of the eclectic architectural quality of the District by guiding new construction on parcels to be compatible with existing scale and architectural styles.

5.

To foster the harmonious, orderly, and efficient growth, development, and redevelopment of the District and City as whole.

7.6.4.2.Mandeville Historic Preservation District Commission Established.

The City Council of the City of Mandeville hereby creates a commission to be known as the Mandeville Historic Preservation District Commission (Commission), for the purpose of regulating historic districts and historic landmarks designated within the City of Mandeville pursuant to the State Constitution of 1974 and Louisiana Revised Statutes 25:731 et seq. and the provisions of this ordinance.

7.6.4.3.Mandeville Historic Preservation District Commission Provisions.

1.

Commission Structure.

a.

Membership/appointment. The Commission shall consist initially of seven (7) members who shall be of voting age appointed by the Mayor and shall be subject to approval by a majority vote of the City Council. At least three (3) members shall be officially domiciled in the District and all shall be residents of the City. At least one (1) member shall be a licensed architect and one (1) member shall have a degree in Architecture, Preservation Studies or related field.

b.

A chairman and vice-chairman shall be elected annually from the members of said Commission. The Commission may create and fill such other officers as it may determine necessary. The term of the Chairman and other officers shall be one year, with eligibility for re-election.

c.

Members shall serve without compensation.

d.

Vacancies shall be filled by appointment in the same manner as the original appointments.

2.

Terms of appointed members.

a.

Length of terms. Each of the members of the Commission shall be appointed for a term of four (4) years except initial membership as described below. The Commission members may be reappointed and serve consecutive terms.

b.

Staggered terms. Initial appointed members of the Commission shall be appointed for staggered terms as follows: one (1) member shall be appointed for a term of one (1) year; one (1) member shall be appointed for a term of two (2) years; one (1) member shall be appointed for a term of three (3) years; two (2) members shall be appointed for a term of four (4) years. Successors shall serve four (4) year terms thereafter.

3.

Qualifications for membership. The following characteristics or attributes shall serve as guidelines in making appointments to the Commission:

a.

Any person of voting age, interested in Mandeville's historical, cultural and architectural endowment environment.

b.

Architects, historic preservationists or others with a technical background in a related field.

c.

No member of the Commission shall also be an elected official of this state or any political subdivision thereof. In addition, no member of the Commission shall also be an employee of the City or a member of the City's Planning Commission or the Zoning Commission or a member of any other City board, commission or advisory group.

4.

Removal. The City Council may, by a vote of a majority of its members, remove any member of the Commission, after notice and public hearing, for inefficiency, neglect of duty or malfeasance in office.

5.

Rules and Records of Proceedings, Meetings and Quorum.

a.

The Commission shall adopt rules of procedure not in conflict with any applicable laws of this state or ordinances of this City. However, in no case shall a quorum be authorized which consists of less than a majority of the membership of the Commission. Action shall be taken only by a majority vote of the entire membership. Meetings of the Commission shall be held at the call of its Chairman and at such other times as the Commission may determine. Meetings of the Commission shall be open to the public, except for closed or executive sessions convened in accordance with law.

b.

The Commission shall keep minutes of its proceedings and shall keep records of its examinations and other official actions, all of which shall be filed and maintained in the office of the Planning Department and shall be public records. All testimony, objections thereto, and rulings thereon shall be recorded electronically and such recordation shall be further maintained in the offices of the City Planning Department in accordance with law.

c.

Members of the Commission shall establish a regular schedule for the hearings of the Commission. Two hearings shall be scheduled for each month unless no application for a Certificate of Appropriateness has been submitted.

d.

The Commission shall issue rules of procedure specifying in detail how a public hearing shall be conducted and when comments and information from different sources shall be heard.

6.

Commission Budget. Nominal expenses necessary to carry out the duties of the Commission shall be budgeted by the City Council. The expenditures of the Commission shall be within the amounts budgeted.

7.

Administration. The Director of Planning of the City shall serve as the administrator (Administrator) to the Commission and shall act as liaison between the Commission and the Office of the Mayor. The recording secretary for the Commission shall be designated by the Mayor, and files, records, and minutes of the Commission shall be maintained by the Planning Department. The City Attorney shall be the ex officio attorney for the Commission. The Commission shall also rely on other appropriate City Departments, Agencies and consultants in carrying out the aforementioned duties and responsibilities.

(Ord. No. 16-19, 4-13-17)

7.6.4.4.Applicability.

The regulations of the District shall apply to:

1.

Exterior architectural features related to those buildings or structures that are classified as Contributing, Significant, or Landmark on the Historic Preservation District Survey; and

2.

Demolition and relocation of buildings and structures that are 50 years old or older or buildings and structures that are classified as Contributing, Significant, or Landmark on the Mandeville Historic Preservation Survey; and

3.

Exterior architectural features related to new construction; and

4.

Elevation of any existing structure located within the District; and

5.

Exterior architectural features related to additions and renovations to those buildings or structures that are classified as Contributing, Significant, or Landmark on the Historic Preservation District Survey; and

6.

The installation of signage proposed to be affixed to any contributing or significant building or designated landmark within the District.

Landmarks and satellites located wheresoever in the City shall be subject to the jurisdiction of the Commission. Nothing in this ordinance shall be construed to prevent ordinary maintenance, repairs or other such activities that would involve the modification of, but not limited to, paint color, exterior hardware and light fixtures. Detached accessory buildings, as defined by the CLURO, shall be excluded from the regulations of the District unless specifically identified as Significant, Contributing or Landmark on the Historic Preservation District Survey.

(Ord. No. 16-19, 4-13-17; Ord. No. 23-19, Exh. A, § 2, 6-8-23)

7.6.4.5.Designation as Historic Landmarks Commission.

The Commission shall serve as the City's Landmarks Commission under the Laws of Louisiana.

7.6.4.6.Duties and Responsibilities.

The Commission shall be charged with the following duties and responsibilities:

1.

The Commission is authorized to conduct public hearings on matters provided for in this ordinance.

2.

The Commission shall hold public hearings to make recommendations to the City Council to adopt and amend the classifications of properties, including landmarks and the designation of satellites, which shall be designated on the Historic Survey.

3.

The Commission may recognize significant buildings, structures or landmarks as Historic and advise the owners of such properties of the physical and financial benefits of a historic designation.

4.

The Commission may recommend amendments to this ordinance to the City Council for the Council's adoption.

5.

The Commission shall have the power to vary or modify adherence to this Ordinance, providing such modification insures harmony with the general purposes hereof, and will not adversely affect the District as a whole.

7.6.4.7.Classification of Structures.

Within the District, including satellites, buildings, structures and landmarks shall be surveyed, classified and designated into one of the following classifications:

1.

Significant. A structure or landmark having the highest degree of architectural or historical merit and may also have national, statewide and/or local importance.

2.

Contributing. A structure or landmark that is not Significant in itself, but due to its position in the streetscape or neighborhood contributes to the overall character or ambiance of that area.

3.

Non-contributing. Those buildings and structures not classified as Significant, or Contributing, or Landmark and not contributing to the overall District character.

4.

Landmark. An unimproved parcel of ground (landmark site), or such parcel with improvements or such improvements without grounds (landmark), wheresoever located in the City, subject to the jurisdiction of the Commission.

7.6.4.8.Definitions.

1.

Administrator. The Director of the Department of Planning and Development.

2.

Applicant. The record owner of the site and/or buildings located thereon, or a person holding a "bona fide" contract to purchase same.

3.

Building. Any structure, or any other construction built for the shelter or enclosure of person, animals or chattels, or any part of such structure when subdivided by division walls or part walls extending to or above the roof and without openings in such separate walls. The term "a building" shall be construed as if followed by the words "or any part thereof."

4.

Certificate of Appropriateness. A document produced through administrative or Commission action evidencing applicable approval of work in the District proposed by an applicant.

5.

Commission. The Mandeville Historic Preservation District Commission.

6.

Construction. The erection of any building or structure on any parcel of ground located within an historic district or on a landmark site, whether the site is presently improved, unimproved, or hereafter becomes unimproved by "demolition," "demolition by neglect," destruction of the improvements located thereon by fire, windstorm, or other casualty, or otherwise.

7.

Demolition. The partial or complete removal of a building on or from any site.

8.

Exterior. All outside surfaces of any building.

9.

Historic. Any building or structure classified as Significant, Contributing or Landmark on the Historic Preservation District Survey.

10.

Mandeville Historic Preservation District (District). An area designated by the City Council of Mandeville as an historic preservation district and declared to be subject to jurisdiction of the Commission.

11.

Historic Preservation District Survey. A listing that catalogs and classifies buildings, structures and landmarks.

12.

Historic Preservation District Survey Map. A graphical depiction of the Historic Preservation District Survey.

13.

Landmark and Landmark Site. An unimproved parcel of ground (landmark site) or parcel with improvements, or such improvements without grounds (landmark), wheresoever located in the City of Mandeville, subject to the jurisdiction of the Commission, of particular historic, architectural, or cultural significance, such parcel or parcels, plus improvements, if any, (1) exemplify or reflect the broad cultural, political, economic, or social history of the nation, state or community; or (2) are identified with historic personages or with important events in national, state, or local history; or (3) embody distinguishing characteristics of an architectural type, specimen, inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or (4) are representative of the notable work of a master builder, designer, or architect whose individual ability has been recognized.

14.

Non-Substantive. The following shall be considered Non-Substantive changes if in compliance with the Mandeville Design Guidelines and standards outlined in this ordinance:

a.

New Construction under four thousand square feet 4,000 sf. Square footage shall be calculated as any construction that is regulated by the building code and shall include any covered space below the structure when the finished floor elevation exceeds 80" above grade.

b.

Elevations of structures located within the Mandeville Historic Preservation District but not designated as Contributing, Significant or Landmark.

15.

Ordinary Repairs and Maintenance. Work done on a building in order to correct any deterioration, decay of, or damage to, a building or any part thereof in order to restore same as nearly as is practical to its condition prior to such deterioration, decay or damage.

16.

Satellite. A Building, structure or landmark located outside the boundaries of the District that has been determined to come under the jurisdiction of the Commission.

(Ord. No. 16-19, 4-13-17)

7.6.4.9.Boundaries.

The boundaries of the District are the center lines of Galvez Street, Florida Street, Jackson Avenue to the northern right-of-way of Claiborne St, east to Bayou Castain, to the northern edge of Lake Pontchartrain. Properties that are deemed Historic or Landmarks and lie outside of the District boundaries may be included as District satellites and shall be considered to be within the District and shall be subject to the regulations of the District.

(Ord. No. 18-12, 6-28-18)

7.6.4.10.Administratively Approved Certificate of Appropriateness for Non-Substantive Changes.

Applications for Certificates of Appropriateness for a non-substantive change within the District or to a Satellite may be granted by the Administrator, who shall consult with any design professionals provided by the City for consulting services, after the review of the standard for a Certificate of Appropriateness listed below. Such approvals shall be granted under procedures established by and not in conflict with the ordinances of the City of Mandeville.

7.6.4.11.Certificate of Appropriateness Process.

1.

An application for a Certificate of Appropriateness may be handled concurrently with an application for a building permit.

2.

The Administrator shall refer applications for Certificates of Appropriateness to the Commission for approval except those applications meeting the definition of Non-Substantive.

3.

The Administrator shall have the authority to determine when a filed application is complete and contains all required information. An application deemed incomplete shall not be considered to have been filed for the purposes of this ordinance.

4.

The applicant shall have the right to a preliminary conference with the Administrator for the purpose of learning whether changes or adjustments to the application could make it more consistent with the standards for a Certificate of Appropriateness.

5.

The Administrator may refer any application that does not appear to meet the applicable standards required herein to the Commission for a decision on the issuance of a Certificate of Appropriateness after a preliminary conference as required herein, whereupon a public hearing shall be scheduled.

6.

Notice of the time and place of a scheduled public hearing on an application for a Certificate of Appropriateness which has been referred by the Administrator to the Commission shall be given by publication in a newspaper having general circulation in the City at least four (4) days before such hearing and by complying in all other ways with notification procedures and the open meeting laws of the State of Louisiana.

7.

At the scheduled public hearing, the applicant for a Certificate of Appropriateness shall have the right to present any relevant information pertaining to the application. Likewise, the City, the Commission and its staff, and members of the public shall have the right to present any additional relevant information pertaining to the application.

8.

The issuance of a Certificate of Appropriateness shall not relieve an applicant of the requirement to obtain a building permit, special use permit, variance, or other authorization from compliance with any other requirement or provision of any ordinances of the City concerning zoning, construction, repair, or demolition.

(Ord. No. 16-19, 4-13-17)

7.6.4.12Certificates of Appropriateness.

The owner of any property within the District shall apply for a Certificate of Appropriateness by the Commission before the commencement of any work as provided under Section 7.6.4.4 Applicability.

(Ord. No. 16-19, 4-13-17)

7.6.4.13.Standards for Certificate of Appropriateness.

1.

In evaluating Certificates of Appropriateness the following documents may provide guidance:

a.

The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

b.

Louisiana Speaks Pattern Book.

c.

Mandeville Design Guidelines.

2.

Standards for New Construction. Proposals for new construction in the District shall seek compatibility with existing structures through the appropriate use of site planning, materials, decorative details, architectural elements, and scale. A proposed new construction should not draw unnecessary attention to itself in any one of these characteristics. However, a new construction should not necessarily duplicate or copy historic styles and periods. The architectural context is of primary concern as described by the guidelines below.

a.

All new construction shall be visually compatible with the buildings and environment with which they are related.

b.

The general design, scale, gross volume, arrangement of site plan, texture, material and exterior architectural features of new construction shall be in harmony with its surroundings and shall not impair the collective character and function or "tout ensemble" of the neighborhood.

c.

No one architectural style shall be imposed, and individual expression should be encouraged.

d.

Quality and excellence in design should be the major determinants.

e.

Vehicular oriented design shall be discouraged.

3.

Standards for Preservation, Rehabilitation, Restoration, and Reconstruction.

a.

Preservation places a premium on the retention of historic fabric through conservation, maintenance and repair. Respect is shown to the building's continuum over time, through successive occupancies, and the respectful changes and alterations that have been made.

b.

Rehabilitation emphasizes the retention and repair of historic materials, with more latitude for replacement. Both Preservation and Rehabilitation standards focus attention on those materials, features, finishes, spaces, and special relationships that together give a property its historic character.

c.

Restoration focuses on the retention of materials from the most significant time in the properties history, while permitting the removal of materials from other periods.

d.

Reconstruction establishes limited opportunities to re-create a non-surviving structure, site, or object in all new materials.

e.

Relative importance in history and physical condition shall be the determining factor in which of the above treatments should be used on individual properties that are deemed "Significant" or "Contributing". Proposed use and mandated code requirements shall also be taken into consideration in determining the extent of preservation.

f.

"Significant" and "Contributing" properties that are to be elevated shall maintain as much of their historic context and architectural integrity as is reasonable, and compatible with buildings with which it is related.

g.

Additions to "Significant" and "Contributing" properties may be contemporary or may reference design motifs from the historic property, shall be clearly differentiated from the historic building and be compatible in terms of mass, materials, relationship of solids and voids, color, and texture. New additions shall not obscure, damage, or destroy character defining features of the historic building.

4.

Demolition, Elevation, or Relocation of Buildings Located Within the Mandeville Historic Preservation District.

a.

Demolition, or relocation of Landmarks, Significant and Contributing buildings, and structures as identified on the Mandeville Historic survey requires the approval of the Commission. In considering an application for the demolition or relocation of such building, landmark or structure in the District, the following shall be considered:

(1)

In general, the demolition or partial demolition of a building or structure that is of historic importance or adds to the overall character of the property or district is not allowed unless there is no prudent alternative. The Commission will adhere to the following guidelines:

(2)

Buildings or structures that are representative of a particular historical style, that retain their defining architectural and historic features, and/or that contribute to the overall character of the property or district, shall be preserved unless there is no prudent alternative.

(3)

Buildings or structures that are less well preserved but that remain representative of the features and character of the property or historic district shall be preserved unless there is no prudent alternative.

(4)

Buildings or structures of any age that lack or have lost their defining architectural or historical features, or contribute little to the character of the property or historic district may be considered for demolition or partial demolition.

b.

In evaluating applications for demolition or partial demolition the Commission will consider the following:

(1)

The historic and/or architectural significance of the building or structure.

(2)

The importance of the building to the collective character and function "tout ensemble" of the District.

(3)

The special character and aesthetic interest that the building adds to the District.

(4)

The difficulty or impossibility of reproducing such a building because of its design, texture, material or detail.

(5)

The future utilization of the site.

(6)

The degree to which the building or structure contributes to the character of the property and of the Mandeville Historic Preservation District

(7)

The condition and integrity of the defining historical and architectural features of the building or structure

(8)

In the case of a secondary building or structure, the significance of this building or structure to the principal building or structure and its importance and relationship to the site and/or to the Mandeville Historic Preservation District

(9)

The condition and structural viability of the building or structure

(10)

The economic feasibility of rehabilitating or upgrading the building or structure according to modern standards and codes

c.

The historic and aesthetic integrity of a building or structure is sometimes compromised by unsympathetic additions. The Commission will consider the demolition or partial demolition of such additions following the criteria outlined above. The replacement of such additions with new construction will likewise be considered bearing in mind the following:

(1)

All applications for replacement construction shall comply with Commission guidelines. A copy of which shall be made available in the Department of Planning & Development.

(2)

Applications for demolition and replacement construction will be considered in two phases: the appropriateness of demolition and the appropriateness of the new construction. Approval of demolition will be contingent upon approval of replacement construction.

d.

In the application for a Certificate of Appropriateness for demolition the applicant shall submit evidence that the following have been considered:

(1)

Expanding the building or structure with minimal damage to the original features

(2)

Moving it from its present location, (allowing for a new addition), and relocating it at another position on the site;

(3)

Disassembling and rebuilding on another property.

e.

In the case that demolition is approved, the Commission may request that the building or structure be documented prior to demolition with photographs, scale plans, and/or elevations with measurements.

5.

Demolition or relocation of Contributing buildings, structures and landmarks is discouraged and every effort should be made to restore historic context that might have been altered.

(Ord. No. 16-19, 4-13-17)

7.6.4.14.Appeals.

1.

Any person or persons aggrieved by any decision, act or proceedings of the Administrator shall have the right to appeal in writing to the Commission for reversal thereof; and the Chairman of the Commission shall have the right to stay all further actions until the Commission shall have had an opportunity to rule thereon. Any such appeal shall be taken no more than 10 days from the date of the written decision of the Administrator, and the Commission may consider said appeal at its next general or special meeting, but in any event, not more than 45 days thereafter. The Commission shall affirm, reverse, or modify any decision of the Administrator by a majority vote of all its members.

2.

Any person or persons aggrieved by any decision, act or proceedings of the Commission shall have a right to apply in writing to the City Council for reversal or modification thereof, to be heard under the rules and procedures established by the City Council. The Mayor shall have the right to stay all further action until the City Council shall have had an opportunity to rule thereon. Any such appeal shall be taken no more than ten days from date of the written decision, and the City Council may consider said appeal at its next general or special meeting, but in any event, not more than 45 days thereafter. The City Council may affirm a decision of the Commission by majority vote of all its members. The City Council shall affirm, reverse or modify any decision of the Commission by a majority vote of all its members.

3.

Any person or persons aggrieved by any decision of the City Council affecting the District shall have the right to file a civil suit within thirty days from date of decision in a court of competent jurisdiction under the usual rules of procedure governing same, with the right to stay order and injunctive relief provided the situation warrants it.

7.6.4.15.Demolition by Neglect.

1.

The owners of property in Mandeville shall preserve their buildings that are within the Mandeville Historic Preservation District (District) against decay, deterioration, unreasonable structural defects, and demolition by neglect. Demolition by neglect shall mean the neglect in the maintenance or repair of any building resulting in any one (1) or more of the following conditions:

a.

The deterioration of a building to the extent that it creates or permits a hazardous, unsafe, or blighted condition as determined by the Department of Planning and Development, the City Building Official/Inspector or City Engineer.

b.

A blighted or deteriorated building characterized by one (1) or more of the following:

(1)

A deteriorated or inadequate foundation.

(2)

A defective or deteriorated flooring or floor supports insufficient to carry imposed loads with safety.

(3)

Members of walls or other vertical supports that split, lean, list, or buckle.

(4)

Members of walls or other vertical supports that are insufficient to carry imposed loads with safety.

(5)

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle.

(6)

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are insufficient to carry imposed loads with safety.

(7)

Fireplaces or chimneys which list, bulge, or settle.

(8)

Deteriorated component parts of buildings which are dilapidated and dangerous to the point that they may fall and injure members of the public or property.

(9)

Facades which may fall and injure members of the public or property.

(10)

Any code violation or condition in the building as determined by the City Building Official/Inspector, the City Engineer, the Chief of St. Tammany Parish Fire Protection District No. 4, or the Louisiana State Fire Marshal which renders the building structurally unsafe, a fire hazard, or not properly watertight, including broken windows and doors.

2.

The above conditions constituting demolition by neglect shall be set forth in a written report prepared by the City Building Official/Inspector, the City Engineer, or the Administrator (the Director of the Department of Planning and Development) and provided to the Commission and the property owner(s).

3.

The written report required by Article 7.6.4.15.2 above shall contain information regarding the neglect of the property or the code violations with regards to the subject property and shall also set forth the date of a public hearing set no sooner than thirty (30) days from the postmark date on the certified mail or the date of personal service of the written notice. The notice of the time and place of a scheduled public hearing shall also be set consistent with the open meeting laws of the State of Louisiana and Article 7.6.4.11 above. Written notice to the property owner(s) shall be accomplished in any manner allowed under Louisiana law, including, but not limited to, La. R.S. 33:4762 as amended, and shall be served as follows:

a.

By certified or registered mail, return receipt requested, to the last known address of the property owner(s), as listed in the St. Tammany Parish Assessor's Office or the records of the City, and attached to the building or landmark in a conspicuous location; or

b.

Personally served, as documented by a signed return of service, on the property owner(s) or violator(s) by any police officer or sheriff having the jurisdiction and power to serve legal process wherever the owner(s) may be located in the State of Louisiana.

4.

After considering the written report required by this article, the evidence presented at the public hearing(s), and any other information presented to the Commission, the Commission shall issue findings or make recommendations, in writing, to the property owner(s) regarding the subject property. The written findings or recommendations shall be prepared within fifteen (15) days of the last public hearing. The property owner(s) shall be provided information on the general nature and extent of the repairs to be made, the defects or code violations to be corrected, and the time thereof for completion. Written notice shall be served in accordance with the above and Louisiana law, including, but not limited to, La. R.S. 33:4762 as amended. The Commission shall provide the owner(s) of the subject property at least thirty (30) days from the date of the postmark date on the certified mail or the date of personal service of the written notice.to commence the work recommended by the Commission.

5.

Upon the property owner(s)'s failure to commence work within the time specified by the Commission, the Administrator or the City Building Official/Inspector shall inform the Commission of the property owner(s) failure and notify the owner(s) in any manner allowed under Louisiana law that the City intends to enforce the Commission's rulings, findings, or determinations under this article. Enforcement of the Commission's rulings, findings, and determinations under this article shall include, but will not be limited to, the procedures set forth in La. R.S. 33:4761 et seq as amended.

6.

Consistent with Article 1.9 of the CLURO, failure to comply with the provisions of this article or the rules, findings, and procedures of the Commission shall constitute a violation hereof and may be punishable by a fine not exceeding five hundred dollars ($500.00) per day for each day that the violation continues.

7.

Consistent with La. R.S. 33:4761 et seq. as amended, in enforcing the Commission's findings and recommendations, the City, through its Council or code enforcement officers, may collect and assess costs and expenses against the landowner(s) for violations under this article; those costs and expenses include, but are not limited to:

a.

The City's direct cost for repairing, securing, remediating, or abating the property being demolished by neglect;

b.

The City's direct costs for repair or stabilization of the structure on the immovable property where the code violations occurred;

c.

City costs for equipment use or rental;

d.

Attorney's fees;

e.

Costs of engineering and other technical services and studies as may be required;

f.

Costs associated with maintenance of the property, including, but not limited to, grass cutting, weed abatement, and trash and garbage removal;

g.

Any other fee, cost, or expense reasonably and rationally related to the City's enforcement action(s) to bring violation(s) into compliance or to abate and/or correct a violation of local, state or federal law.

8.

The City will follow the procedures for collecting all fines, fees, penalties, costs, legal interest, and attorneys' fees as provided under Louisiana law, including, but not limited to, La. R.S. 33:4761 et seq. as amended. As provided by Louisiana law, including, but not limited to, La. R.S. 33:4766 and La. R.S. 33:4768 as amended, the City shall have a lien and privilege against the immovable property where the violation(s) occurred. The lien and privilege shall secure all fines, fees, costs, legal interest at a rate provided in La. R.S. 9:3500 or La. R.S. 13:4202, and penalties that are assessed by the City. The privilege and lien shall be preserved by the filing and recording of an affidavit signed by the Mayor in the Mortgage and Conveyance Records of St. Tammany Parish. The affidavit shall include a description of the property and a statement of facts listing all fines, costs, fees, and expenses assessed or incurred by the City. The privilege and lien may be enforced by ordinary process in the Twenty Second Judicial District Court within three (3) years after it is perfected. Alternatively, the privilege and lien may be enforced by assessing the amount of the privilege and lien against the immovable property as a tax against the immovable, to be enforced and collected as any ordinary property tax lien to be assessed against the property.

9.

Any improvements, repairs, modifications, or demolition to the subject property whether performed by the property owner(s) or the City or shall be done pursuant to a Certificate of Appropriateness issued by the Commission.

10.

Any person or persons aggrieved by any decision, act, or proceeding by the Commission shall have a right to apply in writing to the City Council for reversal or modification thereof as provided in Article 7.6.4.14, entitled Appeals.

11.

The regulations, procedures, and remedies established by this Article are nonexclusive and may be pursued independently of each other and in addition to other remedies provided by law.

12.

It is a violation of this Article for any property owner(s) to transfer a property that receives a notice from the Commission under this Article without first informing, in writing, the City Building Official/Inspector about the intent to transfer. Anyone found in violation of this Article shall be fined as provided in Article 1.9 of the CLURO.

(Ord. No. 19-37, 2-13-20)

7.6.5.   H-P Historic Preservation Overlay District.

7.6.5.1.Purpose of the H-P Historic Preservation Overlay District.

The purpose of the H-P Historic Preservation Overlay District shall be to preserve and protect the historic character and promote the educational, cultural, and economic welfare of the area.

(Ord. No. 19-34, 2-13-20)

7.6.5.2.H-P Historic Preservation Overlay District Permitted Uses.

The permitted uses in the H-P District shall be in accordance with the uses permitted in the base zoning districts as listed in the Table of Permitted Uses By Zoning District at the end of this Article.

(Ord. No. 19-34, 2-13-20)

7.6.5.3.Area Within H-P Historic Preservation Overlay District.

Any lot, lot of record, or parcel of land made up of lots, lots of record or combination of lots and portions of lots in single ownership, which are considered to be a single parcel under the provisions of these regulations including the provisions of Article 4, which is within or adjacent to the center lines of Galvez Street, Florida Street, Jackson Avenue to the northern right-of-way of Claiborne St, east to Bayou Castain, to the northern edge of Lake Pontchartrain.

(Ord. No. 19-34, 2-13-20)

7.7.1.   Table of Permitted Uses By Zoning District.

The Table of Permitted Uses By Zoning District provides a listing of the specific use classifications and an indication of the zoning district in which each use is permitted by right, permitted with administrative approval, permitted in conjunction with the approval of the Zoning Commission or in which the use requires a Conditional Use Permit approved by the City Council by ordinance.

7.7.2.   Use of Symbols in Table of Permitted Uses.

The following is a list of the symbols used in the Table of Permitted Uses to represent the procedure required for the placement of the use within the designated zoning district:

P - Permitted. A use as defined in Article 6 permitted by-right in the designated zoning district.

S - Special Use Permit. A use permitted-conditionally in the designated zoning district with issuance of a Special Use Permit by the Zoning Commission in accordance with procedures as provided in Article 4, based on standards applicable to the use and other conditions that the Zoning Commission finds are necessary to ensure compatibility between the proposed development and adjacent uses.

C - Conditional Use. A use permitted in the designated zoning district with the approval of the City Council by ordinance in accordance with the procedure for Conditional Use Permits and Planned Districts as provided in Article 4.

* - Special Development Criteria. Uses shown with an asterisk are uses that are permitted in accordance with the guidelines of the Special Use Criteria provided in Article 8 of this Land Use Regulations Ordinance and/or the applicable zoning district regulations for the regulation of the specific use.

*** - Bed and Breakfast Residences are only permitted within the R-1, Single Family Residential and R-1X, Single Family Residential districts where they are located within the Mandeville Historic Preservation District with approval of a Special Use Permit.

(Ord. No. 18-19, 8-23-18; Ord. No. 23-19, Exh. A, § 2, 6-8-23)

7.7.3.   Zoning Commission Jurisdiction Over Administrative Use Permits.

Notwithstanding any other provisions of these regulations, whenever the Table of Permitted Uses provides that a use is permitted by right, Zoning Commission approval shall nevertheless be required if the Planning Director finds that the proposed use would have an extraordinarily adverse impact on neighboring properties or the general public. In making this determination, the Planning Director shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

TABLE OF PERMITTED USES BY ZONING DISTRICTS.