For the purpose of this chapter, the city is divided into 15 districts designated as follows:

(Code 1961, § 19-11; Ord. No. 23-11, § 1, 7-22-2023)

(a)

The boundaries of the districts established in section 126-41 are established as shown on the City of Morgan City Zoning District Map dated July 21, 1959, which is on file in the office of the chief administrative officer. The map and all explanatory matter on the map are made a part of this chapter as if the notations, references, and other matters set forth by the map were all fully described in this chapter.

(b)

Unless otherwise indicated, the district boundary lines are lot lines; the centerlines of streets, alleys or such lines extended; or the corporate limit lines. Other lines within blocks are rear or side lot lines, or such lines extended, or are property lines or large tracts.

(Code 1961, § 19-12)

(a)

No building or land shall be used and no building or part of a building shall be erected, moved, or altered unless for a use expressly permitted by and in conformity with the regulations specified for the district in which it is located, and as set forth in the zoning schedule, section 126-47, except as otherwise provided, except that during a federal, state, or local declared emergency, the mayor and council shall have the authority to authorize temporary housing for displaced victims of the disaster, within any zone within the city.

(b)

Every building created after the effective date of the ordinance from which this section derives shall be located on a lot of record, and in no case shall there be more than one main building on one lot; provided that more than one main institutional, public, business or commercial building may be located upon a lot or tract in any district where such uses are permitted; and provided further that garage apartments, where permitted, and small businesses and service repair uses in the R-4 district are permitted on the same lot with the main residential building.

(Code 1961, § 19-13; Ord. No. 05-11, § 1, 9-27-2005)

(a)

Halfway houses are prohibited within the corporate limits of this city except in districts zoned B-1, B-2, B-P2, C or H.

(b)

It is expressly intended that no provision of this chapter be interpreted as to permit halfway houses, except as provided in subsection (a) of this section, including but not limited to the definitions of any "dwelling unit" or "row housing" found in section 126-1, or any of the uses permitted found in section 126-47.

(Code 1961, § 19-13.1)

(a)

In accordance with law, the following schools found within the corporate limits of the city at the addresses indicated are designated to be situated and located in a drugfree zone as defined in law:

(1)

Morgan City High School, 2400 Hemlock Street.

(2)

Immanuel Christian School, 901 Fig Street.

(3)

Julia B. Maitland, 1907 Federal Avenue.

(4)

Central Catholic High School, 2100 Cedar Street.

(5)

Holy Cross Elementary, 2100 Cedar Street.

(6)

M. E. Norman Elementary, 900 Spruce Street.

(7)

Morgan City Junior High, 911 Marguerite Street.

(8)

M. D. Shannon Elementary, 409 Brashear Avenue.

(9)

Wyandotte Elementary, 20 Glenwood Street.

(10)

Young Memorial Vocational School, Youngs Road.

(11)

Sacred Heart School, 318 Third Street.

(12)

Presbyterian Kindergarten, 212 Fourth Street.

(13)

Jacquet Adult Education, Fig Street.

(b)

In accordance with law, the following parks, playgrounds, recreational facilities or recreational areas found within the corporate limits of the city, at the addresses indicated, are designated to be situated and located in a drugfree zone as defined in law:

(1)

Benny Spinella Ball Park, 1416 Federal Avenue.

(2)

Norman Athletic Park, 915 Everett Street.

(3)

Oak Street Basketball Court, 129 Oak Street.

(4)

M. C. Recreation Complex, 700 East Boulevard.

(5)

Brownell Homes, Highway 70 and Veterans Boulevard.

(6)

Lawrence Park, 301 Everett Street.

(7)

Greenwood Street Basketball Court, 609 Greenwood Street.

(8)

Greenwood Street Park, 710 Greenwood Street.

(9)

Hilda Loeb Norman Memorial Park, 1401 Justa Street.

(c)

The official drugfree zone map drawn in accordance with law and designating the specific boundaries of the drugfree zone for each area designated in subsections (a) and (b) of this section is filed of record with the clerk of the court as the official public document for drugfree zones in the city.

(Code 1961, § 19-13.2)

(a)

In accordance with law, the following schools and school buses found within the corporate limits of the city at the addresses indicated are designated to be situated and located in a firearm free zone as defined by law:

(1)

Morgan City High School, 2400 Hemlock Street.

(2)

Immanuel Christian School, 901 Fig Street.

(3)

Julia B. Maitland, 1907 Federal Avenue.

(4)

Central Catholic High School, 2100 Cedar Street.

(5)

Holy Cross Elementary, 2100 Cedar Street.

(6)

M. E. Norman Elementary, 900 Spruce Street.

(7)

Morgan City Junior High, 911 Marguerite Street.

(8)

M. D. Shannon Elementary, 409 Brashear Avenue.

(9)

Wyandotte Elementary, 20 Glenwood Street.

(10)

Young Memorial Technical Institute, 900 Youngs Road.

(11)

Sacred Heart School, 318 Third Street.

(12)

Presbyterian Kindergarten, 212 Fourth Street.

(13)

E. F. Jacquet School, Fig Street and Acorn Street.

(14)

All school buses.

(b)

The official firearm free zone map, drawn in accordance with law and designating the specific boundaries of the firearm free zone for each school and school bus indicated in subsection (a) of this section, is filed of record with the clerk of court as the official public document for firearm free zones in the city.

(Code 1961, § 19-13.3)

Within the R-1A, R-1B, R-1C, R-1D, R-2, R-3, R-4, R-5, R-6, B, C, H, and P Districts established by this chapter, the following regulations shall apply:

(Code 1961, § 19-14; Ord. No. 98-1, § I, 2-17-1998; Ord. No. 99-9, § 1(19-14), 9-28-1999; Ord. No. 00-10, § 1, 12-19-2000; Ord. No. 03-19, § 1, 8-26-2003; Ord. No. 03-22, § 1, 9-23-2003; Ord. No. 05-8, § 1, 8-23-2005; Ord. No. 07-14, § 1, 11-27-2007; Ord. No. 13-05, § 1, 5-28-2014; Ord. No. 23-11, § 1, 7-22-2023; Ord. No. 24-04, § 1, 2-27-2024)

(a)

C district uses. Within a C commercial district, the following light manufacturing uses are permitted: manufacture of soft drink beverages, candy, ice cream, ice, jewelry, bakery, bottling plant, canning and preserving of foods, carpentry shop, creamery, printing.

(b)

C district uses prohibited. Within a C commercial district, the following uses are prohibited: the manufacture of artificial limbs, brick, furniture and similar wood products, clothing, glass jalousies, light metal frames, optical goods, pottery, radios, shoes, terracotta tile, junkyard, lumberyard in excess of 20,000 square feet, the storage of petroleum and other flammable liquids above the ground in excess of 10,000 gallons; manufacture or refining of ammonia, asphalt, bleaching powder, cement, chlorine, creosote, dextrin, explosives, fat, fertilizer, fireworks, flour, gelatin, or glue or size from refuse or offal, gypsum, hydrochloric acid, lime, linoleum, matches, nitric acid, oilcloth, picric acid, plaster of Paris, pyroxylin, rubber, sulphuric or sulphurous acid, tar, turpentine, or varnish; the distillation of bones; hot rolling mill; incinerator; grist mill; tanning; slaughtering yard or stockyard; cotton oil mill.

(c)

R-4 uses. Within the R-4 residential district, mobile homes (manufactured homes), are permitted when approved by the building inspector, provided that he shall first receive the written consent of 75 percent of the owners of the abutting properties, including owners of properties across the street from the proposed mobile home lot and whose front footage is located within 75 feet from the perpendicular to the centerline of the mobile home lot; and the building inspector shall also first receive written consent of the owners and occupants of 75 percent of the property within a radius of 300 feet of the center property line abutting the street if an interior lot or plot, or the owner of the street right-of-way if a corner lot or plot, as such lot or plot appears on the official map of the city. If such plot does not appear on the official map, a determination of the center of the property line shall be made by the building inspector. Each lot of record which is required to be included on the petition shall be accorded two votes, regardless of the actual number of owners and/or occupants.

(1)

The written consent of the owners of abutting property owners may be accomplished by certified mail with return receipt to enable such neighbors an opportunity to respond to such an application for placement of a mobile home by other than the petition method.

(2)

See fee schedule, section 22-35.

(3)

Mobile homes (manufactured homes) authorized by the building inspector shall:

a.

Be connected to the municipal utility system.

b.

Comply with all setback requirements applicable to construction of houses on the same site in the R-4 residential district.

c.

Mobile homes (manufactured homes) shall be harbored on each location with at least a 15-foot clearance from any other building or mobile home.

d.

For each mobile home (manufactured home) permitted, it shall abut upon a driveway not less than 20 feet in width, which shall have unobstructed access to a public street, alley or highway.

e.

There shall be a minimum 15-foot space in all directions between a mobile home and any permanent building. For the purposes of this section, covered patios, carports or individual storage buildings shall not be considered as permanent buildings provided that no such patio, roof, carport or storage building shall be located closer than three feet to any lot line or adjoining permanent building.

f.

An accessory building for storage and other use may be placed on the mobile home site provided it meets the setback requirements for the lot.

g.

For each mobile home, off-street parking for at least one automobile shall be provided.

h.

A mobile home (manufactured home) unit with accessory structures such as storage buildings and roofed-over patios shall not cover more than 75 percent of the lot.

i.

Each mobile home unit shall be skirted around its entire perimeter with material which allows for ventilation and which is compatible with the unit and adequate access provided for inspection.

j.

The permit issued by the building inspector to place a mobile home (manufactured home) on any site shall provide that all requirements of this chapter shall be completed in 45 days; for good cause shown, the building inspector may extend such compliance for an additional 15 days; no further extension shall be granted. Upon failure to meet the requirements imposed on completion of the prescribed period, the permit shall be revoked and the unauthorized mobile home (manufactured home) shall be removed from the site by the owner. Should the owner fail or refuse to remove the mobile home from the site by the owner, the building inspector shall seek judicial enforcement of the ordinances.

(d)

Classification of new territory. All territory which may be added to the city shall automatically be classed as lying and being in the R-2 residential district until such classification shall have been changed by an amendment as provided by law.

(e)

P district uses.

(1)

Whereas the city council has created a planning commission and caused a land use plan to be prepared for guiding the future growth and development of the city, the city council has created a P planned commercial district, which lies at the heart of what is envisioned to be the future central core of the city. In order to promote the public health, safety, convenience, comfort and welfare, especially with reference to traffic congestion, the city council reserves unto itself the right to review and approve any project proposed in a P planned commercial district.

(2)

A plat of any proposed building and/or land use project to be located in a P planned commercial district shall be submitted first to the planning commission for its review and written report. The planning commission shall review the plat of the proposed project for its parking provisions, parking lot access and egress, provisions for loading and unloading passengers from automobiles and merchandise from delivery trucks, access and egress of delivery trucks, automobile and pedestrian circulation, and other such design features affecting traffic congestion. Such plat shall show any and all proposed buildings and structures, parking lots and driveways, curb barriers and walkways, loading and unloading zones and plan for the planting of shrubbery, trees, etc.

(3)

After review of the plat, the planning commission shall submit its report and recommendations in writing to the city council; and no action shall be taken upon any such application until the report of the planning commission has been filed, except that the failure of the planning commission to report within 45 days from and after the date of official referral to the commission by the city council shall be deemed approval of the proposed project by the planning commission.

(4)

If the planning commission has approved the proposed building and/or land use project, the city council may authorize issuance of a permit in accordance with such approval. If the planning commission disapproves the application, it shall specify the basis of its disapproval. Under such circumstances, the city council shall, nonetheless, have authority to review any proposal disapproved by the planning commission and taking into consideration the report of the planning commission, shall determine whether in its opinion the proposed parking provision, parking lot access and egress, provisions for loading and unloading passengers from automobiles and merchandise from delivery trucks, automobile and pedestrian circulation, and other design features of such proposal affecting traffic congestion will adversely affect the public health, safety, convenience, comfort and welfare, particularly in regard to traffic movement and congestion. In cases where the report of the planning commission has recommended approval and the city council, nonetheless, finds, after a study of the report and after taking into consideration the matters of public welfare and interest, that the proposed plans will not adversely affect traffic movement or cause undue vehicular and pedestrian traffic congestion, the city council may, but only after a public hearing and by an affirmative vote of three-fifths of the council, approve such permit. The planning commission may recommend that the city council reduce the rear yard requirements set forth in the zoning schedule, provided that the off-street parking requirements are met. Such rear yard reduction shall be made in a manner that will be in harmony with the character of the neighborhood, and shall be recommended, with due consideration to promoting the public health, safety, convenience and welfare and conserving property value. In no case shall the city council authorize a rear yard reduction without prior approval of the planning commission.

(f)

R-5 district row housing. In the R-5 district at the rear of all lots where row housing is developed, there shall be provided a 14-foot-wide access road with a minimum of four inches of gravel, shell or similar all-weather surface.

(g)

Location of lounges. No lounge dispensing alcoholic beverages of high and/or low alcoholic content will be permitted to locate within 300 feet of a residential district. The measurement shall be made as provided for by section 10-76(b).

(h)

B-P2 district regulations.

(1)

In the B-P2 plaza district, written application for an occupational license and use of the property along with a site plan shall be submitted to the building inspector for approval prior to any occupancy or use of the property. If approved by the building inspector, a temporary permit will be issued; upon inspection to ensure full compliance with B-P2 and other applicable regulations, a regular permit may be issued.

(2)

Sit-down restaurants will be allowed to serve alcoholic beverages, if otherwise authorized, to be consumed on the premises with a meal which is prepared on the premises; no separate bar or lounge area will be permitted in the restaurant. Normal business operating hours will be from 7:00 a.m. to 10:00 p.m. A business/residence combination must have a locked door separating the business area from living quarters. No food or edible material is to be prepared in living quarters for resale purposes. Living quarters must have a separate outside entrance from the business.

(3)

Restaurants and other establishments offering sit-down meals must provide proper restroom facilities separate from living quarters. Wine and cheese shops may sell wine and cheese baskets as gift sets with special selections of wine and liquors; wines, liqueurs, and cordials sold in the B-P2 district must be bottled and sealed outside of the plaza area.

(i)

Manufactured homes in H district. In the H heavy industrial district, the maximum of two manufactured homes (otherwise referred to as mobile homes, trailers or programmed homes) may be located on the premises of an existing industry, by the owner, with the exception of the area between the railroad bridge and the O. K. Allen Bridge, provided the following provisions are strictly complied with:

(1)

The boundaries and property lines of an industry site existing on the date the two mobile homes are approved and permitted by the city shall remain fixed and unchanged for the purpose of the placement of the two mobile homes. Accordingly, regardless of subsequent leases, subleases, new incorporations or subsidiaries, partnership formations or unincorporated associations, the number of mobile homes to be located on and allocated to the original industry site shall not exceed two mobile homes.

(2)

The manufactured home may be used as temporary sleeping quarters for a maximum of 30 consecutive days by any one employee of the industry, and/or caretaker's quarters. The employer shall own or lease the land holding the manufactured home and the working area, and they shall be one [sic] in the same property.

(3)

The site plan for the placement of the manufactured home is approved by the state fire marshal.

(4)

All utilities from the city are connected to each manufactured home. Each manufactured home shall be individually permitted in official writing by the city; and as such, each mobile home shall be structurally sound, neat in appearance and in full compliance with FEMA, fire marshal and health department requirements.

(5)

Sewerage systems for each home shall be connected to proper sewage disposal systems and comply with all applicable health regulation and building ordinances and codes.

(6)

Any manufactured home used as caretaker's quarters which has one or more children under the age of 16 years living in the quarters is required to have a six-foot fence so constructed as to keep children out of the industrial area.

(j)

Portable temporary covers. Uses are restricted and can not be designated for permanent use unless in accordance with this section. A portable temporary cover shall be defined as any nonpermanent structure for the protection of vehicles, water craft or any other use and constructed from materials such as tin, aluminum, galvanized piping, steel piping, canvas, vinyl or plastic. Portable temporary covers are freestanding and not connected to any permanent structure and/or do not conform to the construction materials and design of a permanent structure. Permanent use shall be defined as the intent to use a portable temporary cover for more than five consecutive days.

(1)

No portable temporary cover shall be allowed to be placed within the front yard portion of any lot within the city which faces any city street in all residential zoning districts. Portable temporary covers shall be permitted in side yards and rear yards where applicable. All portable temporary covers shall meet the side yard and rear yard setback requirements as set forth within the district where it is located.

(2)

All portable temporary covers shall meet the following anchoring requirements: (1) A portable temporary cover shall have at least two metal straps placed over the roof portion, securing it firmly on each end; (2) These straps must be secured firmly to the ground by screw-in type stakes of the same type and nature as used for mobile homes or they may be secured firmly by being bolted into a concrete slab or driveway; (3) Each and every frame shall have its four corners secured firmly and bolted into a cement slab or driveway upon which it has been placed; and/or any portion of the frame that cannot be secured firmly to a cement slab or driveway shall be secured by screw-in type stakes of the same type and nature as used for mobile homes.

(3)

Any portable temporary covers require permitting in accordance with section 22-32 of the Code of Ordinances.

(k)

R1-D residential zone regulations. Within the R1-D residential zone the following regulations will be required for all properties:

(1)

Garages: At no time will the enclosure of a garage or carport be allowed for conversion to indoor dwelling or living use. Garages or carports must be constructed of the same materials as the main residence building. Any enclosed garage must have an approved wind-standard garage door. No garage/storage enclosure apartment or secondary living spaces will be allowed.

(2)

Setbacks:

a.

Multiple lots owned by one owner which include a corner lot shall have setbacks equal to the front yard setback requirement, on both the front and the side of the combined lots.

b.

Side yard setbacks shall be according to the official lot map of the subdivision.

(3)

Fences: All fences constructed/erected shall maintain a minimum distance of ten feet from the front/side corner of the residential structure on the front yard and/or side yard on corner lots. All fencing material must be wood slat, brick, wrought iron, pvc plastic, or a combination of these materials. Chainlink fencing will not be allowed. No fence, wall, or hedge shall exceed seven feet in height.

(4)

Parking:

a.

No vehicle of any kind shall be parked on any portion of any lot except the paved drive or carports. Each lot owner shall provide for the permanent parking of all vehicles and must be off-street and clear of public rights-of-way. Curbside or street parking will be allowed for temporary visitors of the lot owner.

b.

No vehicle exceeding two axles, or similar commercial vehicles, shall be parked anytime at the subdivision lot or on the street, except only when making a delivery (the length of time of delivery to be kept to a minimum of approximately one hour).

c.

All vehicles parked or stored on any lot must be operational and capable of being operated on the public roads according to the laws of the State of Louisiana.

d.

The parking of boats or waterborne vehicles, utility trailers, recreational vehicles, on any parcel of property must be a minimum of ten feet from the front property line.

(5)

Accessory buildings:

a.

One-story accessory buildings shall not exceed a peak height equivalent to the peak of the primary structure on the lot or 20 feet.

b.

One-story accessory buildings greater than 120 square feet of area, built on a permanent foundation, shall be constructed of the same materials as the main residence building.

(6)

Sidewalks:

a.

All property once developed shall have a sidewalk placed at the property line of the front or side yard (if a corner lot) in accordance with section 94-71 of the city's Code of Ordinances.

b.

The sidewalk does not have to "run" through the driveway, but must abut the driveway with a continuous path. Driveways with circular drives shall have the sidewalk continuous on the interior perimeter at the property line.

c.

Owners with multiple lots shall provide sidewalks on all parcels.

(7)

Permitting: Construction of all types must be permitted through the planning and zoning department including, but not limited to, structures, fences, additions, alterations, etc.

(l)

R-1E residential zone regulations. Within the R-1E residential zone the following regulations will be required for all properties:

(1)

Garages: At no time will the enclosure of a garage or carport be allowed for conversion to indoor dwelling or living use. Garages or carports must be constructed of the same materials as the main residence building. Any enclosed garage must have an approved wind standard garage door. No garage/storage enclosure apartment or secondary living spaces will be allowed.

(2)

Setbacks: Side yard setbacks shall be according to the official lot map of the subdivision.

(3)

Permitting: Construction of all types must be permitted through the planning and zoning department, including, but not limited to, structures, fences, additions, alterations, etc.

(Code 1961, § 19-15; Ord. No. 03-23, § 1, 9-23-2003; Ord. No. 07-14, § 1, 11-27-2007; Ord. No. 10-06, § 1, 4-27-10; Ord. No. 23-11, § 1, 7-22-2023)

Off-street automobile storage or standing space shall be provided on any lot or plot on which any of the following uses are established after the effective date of the ordinance from which this section derives; such space shall be provided with vehicular access to street or alley and shall be deemed to be required open space associated with the permitted use and shall not be reduced or encroached upon in any manner. Except where required in connection with dwellings, such parking space shall be surfaced with a minimum of four inches of gravel, shell or similar all-weather surface, and such access shall be similarly surfaced. Building and land uses shall be provided with such off-street automobile storage or standing space as follows:

(1)

In all districts established by section 126-41, the following minimum off-street parking shall be provided.

a.

Churches: one space per six seats.

b.

Clubs (all types): one space per 300 square feet of gross floor area.

c.

Offices, clinics, banks, public buildings and similar places of business: one space per 300 square feet of floor space if less than 10,000 square feet; one space per 400 square feet of floor space if more than 10,000 square feet.

d.

Stores, shops for services and trade, mortuaries: one space per 300 square feet of sales and service area if less than 10,000 square feet; one space per 400 square feet of sales and service area if more than 10,000 square feet.

e.

Theaters and other places of assembly: one space per ten seats, permanent and portable.

f.

Shopping centers: aggregate of requirements for individual occupants.

g.

Hospitals, convalescent homes: one space per three beds.

h.

Hotels, motels, roominghouses: one space per guest room.

i.

Industrial: one space per 400 square feet or per four employees, whichever is greater.

j.

Libraries, museums: one space per 300 square feet.

k.

Multifamily dwellings: 1½ spaces per dwelling unit.

l.

Restaurants: one space per four seats.

m.

Schools, elementary: 1½ spaces per classroom.

n.

Schools, secondary: seven spaces per classroom.

o.

Row housing: two spaces per dwelling unit (may be in line).

p.

Lounges and bars:

1.

Central business district along Front Street from Greenwood Street south to Railroad Avenue and along Railroad Avenue east from Front Street to Second Street: available curbside parking.

2.

All other locations: one space per 100 square feet.

q.

1.
Buildings located in the downtown section existing prior to the effective date of the ordinance from which this subsection derives along Front Street from St. Clair Street to Railroad Avenue and along Railroad Avenue from Front Street to Second Street shall use available curbside and/or neutral ground parking.

2.

For entrances and exits to parking lots, all required off-street parking and drives shall be constructed within the property lines such that only entrance and exit drives to parking lots will cross neutral grounds. These entrances and exits shall be not more than 30 feet wide for all parking lots 100 feet in width or less fronting on street; for all parking lots over 100 feet in width, multiple entrances and exits may be installed; but in no case shall they exceed 30 feet in width each, with not more than one entrance and one exit for each 100 feet of parking lot or fraction thereof.

3.

In no case shall neutral ground be hard surfaced to be used to provide individual parking spaces, except in residential zones, and as provided for in this subsection (1)q.

r.

In the B-P2 district located adjacent to the U.S. Highway 90 and State Route 182 bridges, off-street parking shall be accomplished as follows:

1.

For business establishments with adequate space to provide the required off-street parking, such parking shall be provided as required by this chapter as a cost of doing business.

2.

For those business establishments with inadequate space to provide all or a portion of the required off-street parking, the neutral ground directly in front of the business only may be utilized to accommodate its customers provided such neutral ground is hard surfaced with concrete, and tire stops are provided to prevent blocking of sidewalks. It shall be the business owner's responsibility to ensure that its customers do not park in front of adjacent property owners. Any additional parking shall be under either of the two bridges.

3.

On Second Street between Brashear Avenue and Greenwood Streets, there shall be no parking from 8:00 a.m. to 6:00 p.m.

4.

During the five-day period of the Louisiana Shrimp and Petroleum Festival, space under the U.S. Highway 90 bridge shall be reserved for use of the festival only; and no parking for plaza business shall be permitted during this period.

(2)

Wherever such parking spaces situated in any zone other than residential abuts on a residential district, it shall be screened from the abutting residence district by walls or by fences or by other screening not less than four feet in height in a manner acceptable to the building inspector.

(Code 1961, § 19-16)

(a)

Purpose.

(1)

The planned development district is designed to provide flexibility in development planning and the opportunity for the application of planning concepts dealing with planned unit developments of residential areas, planned shopping centers, and planned industrial parks.

(2)

Planned development projects in this zoning classification shall include a detailed development plan, and improvements in this district shall conform to the development plan approved by the city council.

(b)

Principal permitted uses. Principal permitted uses are townhouse development, cluster housing, shopping centers, industrial parks.

(c)

Development plan. The planning commission shall review and refer the development plan to the city council within 45 days with a report of its recommendations for approval or disapproval by the mayor and council. Approval by the city council of a development plan prepared by the applicant shall be a prerequisite to the issuance of building permits for any property designated a planned unit development district and shall be constructed in accordance with the approved plans.

(d)

Requirements. Requirements of the development plan shall include but not be limited to the following:

(1)

Land area included with the site and the land area of all abutting sites with their zoning classifications.

(2)

Proposed finished grade of site.

(3)

Location of each existing and each proposed structure on the site; the general use of the structures, general design and materials proposed, number of stories, gross floor area and location of entrances and exits.

(4)

Relation to public services and facilities.

(5)

Capacities of parking areas and character of illumination facilities.

(6)

Types of surfacing, such as paving, turfing, etc.

(7)

Locations of fire hydrants and fire lanes.

(8)

Storm drainage and engineering design information.

(e)

Standards for townhouse development.

(1)

The following minimum requirements shall apply to each townhouse lot:

a.

Area of lot, square feet .....3,000

b.

Depth of lot, square feet .....100

c.

Front yard setback, feet .....20

d.

Where an exterior side yard abuts a street, feet .....15

(2)

Minimum living area for a one-bedroom townhouse shall be 1,050 square feet, and two- or more bedroom units shall have a minimum of 1,200 square feet, all exclusive of garage, porches, etc.

(3)

The average density shall not exceed eight units per acre. The density is to be computed by taking the gross usable land (not subject to flooding) and dividing the total number of dwelling units within the tract.

(4)

Dwelling units shall be in groups of not less than three townhouse units nor more than seven, but in no event shall more than one-fourth of the total building groups contain seven townhouse units. The total length of one group of units shall not exceed 225 feet. There shall be a minimum of 36 feet between the building groups and 15 feet between the end of a building and a street, drive, etc.

(5)

No less than 40 percent of the total gross land area shall be open space which shall not be used as an area of principal construction nor for automobile driveways or parking facilities.

(6)

Two parking spaces for each townhouse unit shall be provided.

(7)

Adequately screened garbage pickup locations shall be provided. Access to townhouse lots shall be adequate for fire protection and convenient entry to dwellings.

(f)

Cluster housing. The cluster plan is an application of higher density zoning as compared to conventional single-family residential zoning. In a cluster pattern residential structures are arranged in closely related groups around access courts, and the remainder of the tract may be left in its natural state or landscaped in harmony with the entire development. This open space may be designed as common to all homeowners in the development, or portions may be individually owned as in conventionally zoned areas. In either case, an agreement similar to a homeowners agreement shall be made that upkeep and maintenance of the open space is the sole responsibility of the homeowners.

(g)

Homeowners association agreement. Before approval of any plot containing any common area, it shall be necessary to ensure the city in the form of a written agreement that provision has been made for adequate upkeep and maintenance of such area and facilities.

(Code 1961, § 19-17)

(a)

Definitions.

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

Adult bookstore or adult video store means a commercial establishment that, as its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas;" or

b.

Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."

Adult motel means a hotel, motel or similar commercial establishment that:

a.

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or

b.

Offers a sleeping room for rent for a period of time that is less than 24 hours; or

c.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 24 hours.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Nude model studio means any place where a person who appears in state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b.

Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

A principal business purpose exists if the services offered are intended to generate business income.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

Specified anatomical areas means:

a.

The human male genitals in a discernibly turgid state, even if fully and opaquely covered;

b.

Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

Specified sexual activities means and includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.

(b)

Sexually oriented businesses shall be permitted only in areas zoned C-Commercial provided that:

(1)

The sexually oriented business may not be operated within:

a.

One thousand five hundred feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

b.

One thousand five hundred feet of a public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education school, junior colleges, and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;

c.

One thousand five hundred feet of a public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas, or other similar public land within the village which is under the control, operation, or management of the village park and recreation authorities;

d.

One thousand five hundred feet of the property line of a lot zoned for residential use and devoted to a residential use as defined in the zoning code; or

e.

One thousand five hundred feet of another sexually oriented business.

(2)

A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business that is classified in accordance with this section.

(3)

For the purpose of this ordinance, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot, or licensed day care center.

(4)

For purposes of this section, the distance between any two sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(c)

Non-conforming uses.

(1)

Any business lawfully operating on the effective date of this ordinance that is in violation of the locational or structural configuration requirements of this ordinance shall be deemed a non-conforming use. The non-conforming use will be permitted to continue unless terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operated at a particular location is the conforming use and the later-established business(es) is non-conforming.

(2)

A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue, or regular place of religious worship, public or private elementary or secondary school, licensed day-care center, public park, or residential district within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after an operator's license has expired or has been revoked.

(d)

Exterior portion of sexually oriented businesses.

(1)

It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

(2)

It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this ordinance.

(3)

It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:

a.

The establishment is a part of a commercial multi-unit center; and

b.

The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.

(4)

Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.

(5)

A violation of any provision of this section shall constitute a misdemeanor.

(e)

Signage.

(1)

Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than the one primary sign and one secondary sign, as provided herein.

(2)

Primary signs shall have no more than two display surfaces. Each such display surface shall:

a.

Not contain any flashing lights;

b.

Be a flat plane, rectangular in shape;

c.

Not exceed 75 square feet in area; and

d.

Not exceed ten feet in height or ten feet in length.

(3)

Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise.

(4)

Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

(5)

Secondary signs shall have only one display surface. Such display surface shall:

a.

Be a flat plane, rectangular in shape;

b.

Not exceed 20 square feet in area;

c.

Not exceed five feet in height and four feet in width; and

d.

Be affixed or attached to any wall or door of the enterprise.

(6)

The provisions of item (1) of subsection (b) and subsection (c) and (d) shall also apply to secondary signs.

(7)

Violation of any provision of this section shall constitute a misdemeanor.

(f)

Sale, use, or consumption of alcoholic beverages prohibited.

(1)

The sale, use, or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited.

(2)

Any violation of this section shall constitute a misdemeanor.

(g)

Persons younger than eighteen prohibited from entry; attendant required.

(1)

It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.

(2)

It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business's regular business hours. It shall be the duty of the attendant to prohibit any person under the age of 18 years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of 18 unless such attendant asked for and was furnished:

a.

A valid operator's, commercial operator's, or chauffeur's driver's license; or

b.

A valid personal identification certificate issued by the State of Louisiana reflecting that such person is 18 years of age or older.

(3)

Violation of this section shall constitute a misdemeanor.

(h)

Defenses.

(1)

It is a defense to prosecution under this ordinance that a person appearing in a state of nudity did so in a modeling class operated:

a.

By a proprietary school, licensed by the State of Louisiana, a college, junior college, or university supported entirely or partly by taxation;

b.

By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

(2)

Notwithstanding any other provision in this ordinance, movies rated G, PG, PG-13, or R, by the Motion Picture Association of America (MPAA), or live theatrical performances with serious artistic, social, or political value, that depict or describe specified anatomical areas or specified sexual activities, are expressly exempted from regulation under this ordinance

(i)

A person or entity who operates or causes to be operated a sexually oriented business in violation of this section is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.

(j)

Any owner or opertator of a sexual oriented business found guilty of a misdemeanor violation of this ordinance shall be subject to a fine of up to $500.00 or six months in jail or both. For subsequent or multiple violations, the court shall have authority to increase the fine, the jail sentence, or both.

(k)

If any section, subsection, or clause of this section shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

(l)

All ordinances or parts of ordinances in conflict with the provisions of this section are hereby repealed.

(Ord. No. 03-4 § 1, 2-26-03)