- GENERAL PROVISIONS
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. However, buildings which are legally nonconforming with respect to yard areas or height may be structurally altered or enlarged providing the portion of the building which is altered or the portion of the building which is added is in conformity with the provisions of this ordinance.
Every building hereafter erected, reconstructed, converted, moved, or structurally altered shall be located on a lot of record which abuts at least one public street and in no case shall there be more than one main building and its customary accessory buildings on one lot unless otherwise provided for in this ordinance. This applies to R-1, R-2, and R-3 districts.
No lot shall be reduced in area so that:
(1)
Lot area per family, lot width, building area, or other requirements of this ordinance are not maintained;
(2)
The lot area per family, lot width, and building area are not less than the average for lots in that block; and
(3)
Utilities are existing to serve the lot.
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 or parking space required under this ordinance for another building.
No yard or lot existing at the time of passage of this ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.
All territory which may be hereafter annexed to the city shall be automatically classified as a R-1 residential district, unless recommended by the city inspector as commercial property and approved by the city council.
(Ord. No. 905, 7-6-04)
On corner lots in all districts except B-3, central business, within the area formed by the centerline of the intersecting street and a line adjoining points on such centerline at a distance of 80 feet from their intersection, there shall be no obstruction to vision between the height of 3½ feet and a height of ten feet above the average grade of each street at the centerline thereof. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.
If two or more lots or combination of lots and portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance. See section 3.04.
Revolving signs of the type similar to the revolving beacons of flashing lights used by police cars and ambulances are prohibited in all districts irrespective of the color of the light used.
All areas within the corporate limits of the community which are under water and are not shown as included within any district shall be subject to all the regulations of the district adjacent to the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line.
In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the highest standards, shall apply.
Home occupation(s) [is] defined as an accessory use of a one-family dwelling for gainful employment or otherwise involving the making or sale of goods and/or services and is permitted upon compliance with the following conditions:
(a)
The home occupation shall be incidental and subordinate to the residential use of the one-family dwelling and not more than 20 percent of the gross floor area of the dwelling.
(b)
The home occupation shall be conducted entirely within the dwelling and carried on by one or more persons, all family members and all of whom reside within the dwelling and provided that one person may be employed as an assistant, even though that assistant does not reside in the dwelling unit.
(c)
In no way shall the appearance of the dwelling or the lot on which it is located be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, and signs. There shall be no emission of vibrations, noises, odors, dust, smoke, or other pollution detectable outside the dwelling by the sense of normal human beings.
(d)
The home occupation shall not involve the use of advertising signs on the premises, or any other local advertising media which calls attention to the fact that the dwelling is being used for home occupation purposes, except for telephone listing, provided however, that an unilluminated sign, no larger than four inches wide and 18 inches long listing the practitioner and the type of home occupation may be provided.
(e)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in residential neighborhoods and any need for parking generated by the home occupation shall be provided on the lot. Said off-street parking including resident parking shall utilize no more than 600 square feet of driveway. The home occupation shall not involve the use of commercial vehicles for delivery of materials, supplies and/or equipment to or from the premises, nor shall the parking of equipment, not normally domiciled within a residential area, be allowed either on the lot or adjoining public streets.
(f)
There shall be no outside storage of any kind related to the home occupation.
(g)
Exterior display of products is not permitted.
(aa)
Following are examples of uses that may qualify under the above conditions as home occupations; provided, however, that home occupations are not limited to those listed below:
Professionals such as architects, engineers, draftsmen, and other similar professionals;
Office for salesman, real estate agent, sales representative, manufacture's representative, insurance agent, contractor;
Dressmaker, seamstress, tailor;
Music or dancing teachers, provided that the instruction shall be limited to no more than four students at a time. There shall be no electronic amplifications of sound;
Jewelry making;
Artists and sculptors;
Authors and composers;
Home crafts, such as model making, rug weaving and lapidary work;
Other similar uses as approved by the building inspector in accordance with standards provided herein.
(bb)
The following uses and/or occupations, by the nature of the use and/or a pronounced tendency towards rapid growth of the use, could impair the character of the residential neighborhood. The following are examples of uses which shall not be permitted regardless of meeting the standards of section 2.12(a) through (g).
Animal hospitals or the care (boarding) of animals not owned by the resident(s);
Appliance repair;
Barber shops and beauty parlors;
Clinics;
Schools of any type or day care centers except day care centers/home nurseries providing care for fewer than five children;
Private clubs;
Renting of equipment such as tools, trailers and vehicles;
Antique shop;
Gift shop;
Auto or motorcycle, boat or trailer and similar repair and/or paint shops;
Radio and television repair;
Upholstery and furniture repair;
Cabinet making;
Other similar uses which may, in the opinion of the Minden Regional Planning Commission, cause an impact on the residential neighborhood as determined by standards provided herein.
(h)
To obtain a certificate of use and occupancy, the applicant shall obtain, from the City of Minden tax office, a home occupation questionnaire form. The completed form will be returned to the city tax office for processing and approval/disapproval. Whereas a certificate of use and occupancy and the appropriate occupational license will be issued within seven working days from the date of submission. Said certificate and license shall be renewed annually upon compliance with conditions and be subject to revocation for failure to comply with applicable conditions. Lack of compliance with annual renewal of the certificate of use and occupancy and license and/or lack of compliance with enumerated conditions of this ordinance or statements proffered in the home occupation questionnaire shall make said certificate and license subject to cancellation. Applicants whose applications are denied by the City of Minden tax office and/or building inspector may appeal to the Minden [Regional] Planning Commission, and the MRPC will make a recommendation to the city council who has final authority for deciding on a denied application.
(Ord. No. 709, § 1, 5-5-85; Ord. No. 712, § 1, 6-2-86)
All materials or wastes which might cause fumes, dust, odors, or constitute a fire hazard, or attract rodents or insects shall be stored outdoors only in closed bins, tanks, or containers. For home occupations within residential districts, no storage of outdoor material shall be allowed.
Whenever apartments, commercial, or industrial uses are located adjacent to residential property, a solid fence or wall six feet in height or plantings not less than three feet in height which will grow and be maintained to six feet or more shall be installed along the lot line, but this requirement shall not apply within 20 feet of a street or along lot lines adjacent and parallel to the street. Also see [section] 4.03.
In residential districts there shall be no repairs to automobiles, trucks, trailers, boats, and similar vehicles allowed within front yard setback requirements.
Whenever any street, alley, or other public way is vacated by official action of the governing body of the city, the zoning district adjoining each side of such street, alley, or public way shall automatically extend to the center of same and all area included therein shall then become subject to all appropriate regulations of the extended districts.
In computing the front and side yard setback depths of every building or structure to be erected on any lot abutting on any street shown as a designated major street on the major street plan or future land use plan showing major streets, the required setback, as hereafter shown, shall be increased by an amount equal to 50 feet or one-half the right-of-way as specified on the major street plan when rights-of-way larger than 100 feet are required. Such setbacks shall be measured from the centerline of the existing street or road, other sections of the ordinance notwithstanding. However, if the buildable width of a lot is reduced to less than 24 feet then the permit application must be referred to the planning commission for recommendation as to reduction in minimum lot width or purchase of the property in question.
The boundaries of the Minden Historic Residential District shall be maintained on the official zoning map. The nominated district is established per the legal description as presented in the Residential Historic Preservation Study Committee Report, dated October 12, 2007, and further defined in Ordinance No. 938 as well as, Chapter 54 of the Code of Ordinances of the City of Minden, Louisiana.
(Ord. No. 939, 10-29-07)
- GENERAL PROVISIONS
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. However, buildings which are legally nonconforming with respect to yard areas or height may be structurally altered or enlarged providing the portion of the building which is altered or the portion of the building which is added is in conformity with the provisions of this ordinance.
Every building hereafter erected, reconstructed, converted, moved, or structurally altered shall be located on a lot of record which abuts at least one public street and in no case shall there be more than one main building and its customary accessory buildings on one lot unless otherwise provided for in this ordinance. This applies to R-1, R-2, and R-3 districts.
No lot shall be reduced in area so that:
(1)
Lot area per family, lot width, building area, or other requirements of this ordinance are not maintained;
(2)
The lot area per family, lot width, and building area are not less than the average for lots in that block; and
(3)
Utilities are existing to serve the lot.
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 or parking space required under this ordinance for another building.
No yard or lot existing at the time of passage of this ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.
All territory which may be hereafter annexed to the city shall be automatically classified as a R-1 residential district, unless recommended by the city inspector as commercial property and approved by the city council.
(Ord. No. 905, 7-6-04)
On corner lots in all districts except B-3, central business, within the area formed by the centerline of the intersecting street and a line adjoining points on such centerline at a distance of 80 feet from their intersection, there shall be no obstruction to vision between the height of 3½ feet and a height of ten feet above the average grade of each street at the centerline thereof. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.
If two or more lots or combination of lots and portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance. See section 3.04.
Revolving signs of the type similar to the revolving beacons of flashing lights used by police cars and ambulances are prohibited in all districts irrespective of the color of the light used.
All areas within the corporate limits of the community which are under water and are not shown as included within any district shall be subject to all the regulations of the district adjacent to the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line.
In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the highest standards, shall apply.
Home occupation(s) [is] defined as an accessory use of a one-family dwelling for gainful employment or otherwise involving the making or sale of goods and/or services and is permitted upon compliance with the following conditions:
(a)
The home occupation shall be incidental and subordinate to the residential use of the one-family dwelling and not more than 20 percent of the gross floor area of the dwelling.
(b)
The home occupation shall be conducted entirely within the dwelling and carried on by one or more persons, all family members and all of whom reside within the dwelling and provided that one person may be employed as an assistant, even though that assistant does not reside in the dwelling unit.
(c)
In no way shall the appearance of the dwelling or the lot on which it is located be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, and signs. There shall be no emission of vibrations, noises, odors, dust, smoke, or other pollution detectable outside the dwelling by the sense of normal human beings.
(d)
The home occupation shall not involve the use of advertising signs on the premises, or any other local advertising media which calls attention to the fact that the dwelling is being used for home occupation purposes, except for telephone listing, provided however, that an unilluminated sign, no larger than four inches wide and 18 inches long listing the practitioner and the type of home occupation may be provided.
(e)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in residential neighborhoods and any need for parking generated by the home occupation shall be provided on the lot. Said off-street parking including resident parking shall utilize no more than 600 square feet of driveway. The home occupation shall not involve the use of commercial vehicles for delivery of materials, supplies and/or equipment to or from the premises, nor shall the parking of equipment, not normally domiciled within a residential area, be allowed either on the lot or adjoining public streets.
(f)
There shall be no outside storage of any kind related to the home occupation.
(g)
Exterior display of products is not permitted.
(aa)
Following are examples of uses that may qualify under the above conditions as home occupations; provided, however, that home occupations are not limited to those listed below:
Professionals such as architects, engineers, draftsmen, and other similar professionals;
Office for salesman, real estate agent, sales representative, manufacture's representative, insurance agent, contractor;
Dressmaker, seamstress, tailor;
Music or dancing teachers, provided that the instruction shall be limited to no more than four students at a time. There shall be no electronic amplifications of sound;
Jewelry making;
Artists and sculptors;
Authors and composers;
Home crafts, such as model making, rug weaving and lapidary work;
Other similar uses as approved by the building inspector in accordance with standards provided herein.
(bb)
The following uses and/or occupations, by the nature of the use and/or a pronounced tendency towards rapid growth of the use, could impair the character of the residential neighborhood. The following are examples of uses which shall not be permitted regardless of meeting the standards of section 2.12(a) through (g).
Animal hospitals or the care (boarding) of animals not owned by the resident(s);
Appliance repair;
Barber shops and beauty parlors;
Clinics;
Schools of any type or day care centers except day care centers/home nurseries providing care for fewer than five children;
Private clubs;
Renting of equipment such as tools, trailers and vehicles;
Antique shop;
Gift shop;
Auto or motorcycle, boat or trailer and similar repair and/or paint shops;
Radio and television repair;
Upholstery and furniture repair;
Cabinet making;
Other similar uses which may, in the opinion of the Minden Regional Planning Commission, cause an impact on the residential neighborhood as determined by standards provided herein.
(h)
To obtain a certificate of use and occupancy, the applicant shall obtain, from the City of Minden tax office, a home occupation questionnaire form. The completed form will be returned to the city tax office for processing and approval/disapproval. Whereas a certificate of use and occupancy and the appropriate occupational license will be issued within seven working days from the date of submission. Said certificate and license shall be renewed annually upon compliance with conditions and be subject to revocation for failure to comply with applicable conditions. Lack of compliance with annual renewal of the certificate of use and occupancy and license and/or lack of compliance with enumerated conditions of this ordinance or statements proffered in the home occupation questionnaire shall make said certificate and license subject to cancellation. Applicants whose applications are denied by the City of Minden tax office and/or building inspector may appeal to the Minden [Regional] Planning Commission, and the MRPC will make a recommendation to the city council who has final authority for deciding on a denied application.
(Ord. No. 709, § 1, 5-5-85; Ord. No. 712, § 1, 6-2-86)
All materials or wastes which might cause fumes, dust, odors, or constitute a fire hazard, or attract rodents or insects shall be stored outdoors only in closed bins, tanks, or containers. For home occupations within residential districts, no storage of outdoor material shall be allowed.
Whenever apartments, commercial, or industrial uses are located adjacent to residential property, a solid fence or wall six feet in height or plantings not less than three feet in height which will grow and be maintained to six feet or more shall be installed along the lot line, but this requirement shall not apply within 20 feet of a street or along lot lines adjacent and parallel to the street. Also see [section] 4.03.
In residential districts there shall be no repairs to automobiles, trucks, trailers, boats, and similar vehicles allowed within front yard setback requirements.
Whenever any street, alley, or other public way is vacated by official action of the governing body of the city, the zoning district adjoining each side of such street, alley, or public way shall automatically extend to the center of same and all area included therein shall then become subject to all appropriate regulations of the extended districts.
In computing the front and side yard setback depths of every building or structure to be erected on any lot abutting on any street shown as a designated major street on the major street plan or future land use plan showing major streets, the required setback, as hereafter shown, shall be increased by an amount equal to 50 feet or one-half the right-of-way as specified on the major street plan when rights-of-way larger than 100 feet are required. Such setbacks shall be measured from the centerline of the existing street or road, other sections of the ordinance notwithstanding. However, if the buildable width of a lot is reduced to less than 24 feet then the permit application must be referred to the planning commission for recommendation as to reduction in minimum lot width or purchase of the property in question.
The boundaries of the Minden Historic Residential District shall be maintained on the official zoning map. The nominated district is established per the legal description as presented in the Residential Historic Preservation Study Committee Report, dated October 12, 2007, and further defined in Ordinance No. 938 as well as, Chapter 54 of the Code of Ordinances of the City of Minden, Louisiana.
(Ord. No. 939, 10-29-07)