A.

Intent. The purpose of this section is to regulate the continued existence of uses, lots, and structures lawfully established prior to the effective date of this ordinance or any amendments thereto which do not conform to the provisions of this ordinance and which have not obtained special exception status. Nonconforming uses, structures and lots of record may continue in accordance with the provisions of this section.

B.

Nonconforming uses.

1.

Unless a variance is granted, nonconforming uses shall not be extended or enlarged. This prohibition is to prevent the enlargement of nonconforming uses by external additions to the structure in which nonconforming uses are located.

2.

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 town 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.

3.

Normal maintenance and repair of nonconforming uses may be performed.

4.

A structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the district into which it is moved.

5.

A nonconforming use shall not be changed to any other use unless such use conforms to the provisions of this ordinance. However, a nonconforming use may be changed to another nonconforming use provided the change of use is less intense with less impact on the surrounding area.

6.

Termination abandonment or discontinuance.

a.

Subject to subsection B.6.b of this section, where a nonconforming use is discontinued or abandoned for six months or more, then such use may not be reestablished or resumed and any subsequent use must conform to the provisions of this ordinance, unless a variance is granted.

b.

In construing whether a use has been discontinued or abandoned, the intention of the owner or anyone else to continue a nonconforming use shall not be considered; abandonment of a nonconforming use by a lessee shall not bind the owner, provided that the owner obtains legal control of the use within a reasonable time after abandonment by the lessee; abandonment due to institution of foreclosure proceedings shall not constitute abandonment under the provisions of this section until the mortgagee or purchaser at foreclosure sale takes possession or gains by a recorded legal transfer.

c.

Damage or destruction. If a structure housing a nonconforming use is damaged or destroyed by 50 percent or more of the fair market value of the structure, then the structure may not be restored unless its use thereafter conforms to the provisions of this ordinance. When such damage is 50 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 it was before the damage or destruction, provided that such repair or reconstruction is commenced and substantially completed within 12 months of the date of such damage or destruction. For the purposes of these regulations the building official will accept the assessed value of the improvements as the fair market value or the value as determined by the planning commission on appeal of the building official's determination.

C.

Nonconforming structures.

1.

Normal maintenance and repair of nonconforming structures shall be performed.

2.

A nonconforming structure, which is moved, shall thereafter conform to the regulations of the district in which it is located after such move.

3.

Termination.

a.

Abandonment. Where a nonconforming structure is abandoned for one year, then such structure shall be removed or converted to a conforming structure, unless a variance is granted.

b.

Damage or destruction. A nonconforming structure, which is damaged or destroyed to the extent of 50 percent or more of the fair market value of said structure, shall not be restored unless it conforms to the provisions of this ordinance.

D.

Nonconforming lots of record. Notwithstanding any other provision of this ordinance, a nonconforming lot of record may be developed with a single-family dwelling.

E.

Nonconforming accessory uses and structures. No nonconforming accessory use or structure shall continue after the principal structure or use shall have ceased or terminated unless such structure or use shall thereafter conform to the provisions of the district in which it is located, unless a variance is granted.

A.

Authority. Temporary uses are permitted in any zoning district, subject to the standards hereinafter established, provided that all temporary uses shall meet bulk regulations and parking requirements for the zoning district in which the use is located and, provided that no temporary use shall be permitted to continue for such a length of time that it constitutes in effect a permanent use.

B.

Particular temporary uses permitted. The following temporary uses are permitted:

1.

Garage or yard sales.

a.

For the purposes of this section, permanent is defined as: having a duration in excess of 72 hours; having regularly scheduled hours of operation each day for more than three days; or having regularly scheduled days of operation each week for more than two weeks.

b.

No owner or occupant of property in the town of St. Francisville [sic] [New Llano] shall conduct more than three garage or yard sales within a 12-month period.

2.

Contractor's offices and equipment sheds, provided that such uses shall be limited to the period of actual construction and shall be terminated within 120 days of the completion of construction.

3.

Truck trailers used for the temporary storage of goods or equipment in connection with general retail sales and service establishments or industrial uses, provided that such use shall be limited to a nonrenewable period of 60 days.

4.

Sales of Christmas trees or other seasonal goods, provided that such sales are located on property with direct access to collector or arterial for a period of up to 60 days.

5.

Religious revival tents for a period up to 30 days.

6.

Portable storage units (PODS) which shall be removed within 30 days of delivery and shall not be within 15 feet of the public right-of-way.

7.

Other temporary uses, which are, in the opinion of the building official, consistent with the provisions of this section.

A.

Adult uses general. Adult-use business shall be permitted by right in general commercial district only, granted they meet the following.

B.

Use provisions.

1.

No adult-use business shall be located within 1,000 feet of a residential district, public park, school, day care center, library or religious or cultural activity center.

a.

Measurements. Measurement of location shall be made in a straight line, without regard to intervening structure or objects, from the nearest portion of the structure where an adult use is located or conducted to the nearest property line of the premises of a residential district, public parks, school, day care center, library or religious or cultural activity center.

2.

Said business shall be located in the general commercial district, and shall not be allowed as home occupations.

C.

Exterior requirements.

1.

No adult use business shall allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

A.

Purpose and intent. Recognizing the growing need for adult and child day care facilities, it is the intent of the Town of New Llano to encourage the establishment of such facilities in a manner that will preserve the character of residential neighborhoods while meeting the operational and physical standards of the State of Louisiana Department of Social Services (DSS). Day care facilities, operated within a residence, are not subject to the requirements for home occupations.

B.

License required. In addition to any zoning approvals, the State of Louisiana Department of Social Services must license establishments subject to these standards. In addition, all facilities must have an approved and currently valid license, which will be provided to the town every year.

C.

General day care center development requirements. The following general provisions apply to all day care centers, as defined in sections 2.2 and shall be subject to the following general requirements:

1.

The center shall be used exclusively by the adults and/or children and center staff during operating hours. Areas licensed for use as a childcare center shall not be dually licensed. A childcare facility, except those located in a church or school, shall be physically separated from any other business or enterprise.

2.

Fencing shall be provided to restrict children from hazardous areas, such as drainage ditches, wells, holes, and major and minor roads. Further, fencing with a minimum height of four feet shall physically contain children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict children from/within these areas.

3.

Any outdoor play area, as required by DSS regulations, shall be provided for child day care centers, and shall not be located in the front yard.

4.

Play equipment shall be located at least ten feet from an abutting property line.

5.

All pedestrian pathways shall be adequately lit for safety if utilized during non-daylight hours. Specific areas for lighting are entranceways, pedestrian access to the outdoor play areas, sidewalks, drop-off areas, and all parking lots. Such lighting shall not produce objectionable glare on adjacent properties.

6.

The operator of a day care center will allow appropriate representatives of the Town of New Llano to enter the property to inspect such use for compliance with the requirements of this ordinance.

A.

Intent. It is the intent of this section to regulate the operation of group homes and residential care centers within the town in order to ensure that such establishments are operated in sanitary and orderly fashion, according to all federal, state and local regulations, and do not become a threat to public health, safety and general welfare.

B.

License required. In addition to any zoning approvals, the State of Louisiana Department of Social Services must license establishments subject to these standards.

C.

Group home and residential care center development requirements. Group homes and residential care centers, as defined in section 2.2 of this ordinance shall be subject to the following general requirements:

1.

A group home or residential care center shall only be permitted in a detached dwelling unit situated on a lot having a minimum area of 12,000 square feet.

2.

A group home or residential care center shall have a minimum of 350 square feet of habitable floor area for each resident.

3.

The maximum number of persons permitted to occupy a small group home is six excluding staff and personnel. The maximum number of persons permitted to occupy a large group home is 12 excluding staff and personnel.

4.

Common kitchen and dining facilities may be provided; however, no cooking or dining facilities shall be provided in individual resident's rooms.

5.

A group home or residential care center shall be affiliated with a parent organization that provides for the administration of the group home through the direction of a professional staff.

6.

A group home or residential care center shall not be located within 1,320 feet of another group home.

7.

A group home or residential care center shall comply with all applicable safety, fire and building codes as required by federal, state and local governments.

8.

A minimum of four off-street parking spaces shall be provided.

A.

Purpose and intent. It is the purpose and intent of this section to regulate manufactured housing within the Town of New Llano in order to ensure that such structures are installed and maintained in safe and quality condition.

B.

Manufactured housing standards. Manufactured housing, as defined in section 2.2, shall be allowed in all areas zoned residential, subject to the following general requirements:

1.

Each lot shall contain no more than one manufactured housing unit, and shall meet the minimum requirements of the underlying zoning district to which a conventional single-family residential dwelling on the same lot would be subjected.

2.

No manufactured housing unit shall be occupied for dwelling purposes unless it is placed on a lot of record and connected to water, sanitary sewer, electrical and other facilities as may be necessary, prior to building official inspection and approval.

3.

A manufactured home shall be used only as a single-family dwelling.

4.

The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 square feet.

5.

The manufactured home shall be placed on an excavated and backfilled permanent foundation and enclosed with skirting at the perimeter to meet the following requirements:

a.

Individual manufactured housing units shall be skirted around the perimeter of the unit to conceal the underbody from view in a manner compatible with the appearance and construction of the manufactured housing unit.

b.

Skirting shall be vented and be manufactured of certified fire-resistant material.

c.

Skirting shall be installed in a manner to resist damage under normal weather conditions and shall be properly maintained.

d.

All skirting shall be installed before the issuance of a certificate of occupancy. In the event that such installation is delayed due to weather, or for other similar reasons, a temporary certificate of occupancy may be issued for a period not to exceed 90 days.

6.

The manufactured home shall have a pitched roof, except that no standards shall require a slope of greater than a nominal three feet in height for each 12 feet in width.

7.

The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the building official.

8.

Any manufactured housing placed upon a residential lot shall be of a manufacturing origin dated not more than ten years of age and not having had prior occupancy.

A.

Intent. Home occupations shall be permitted in any residential dwelling unit, provided that the home occupation complies with the lot size, bulk regulations and parking requirements of the zoning district in which the home occupation is located.

B.

[Not to conflict with residential character.] Home occupations shall not conflict with the residential character of established neighborhoods and shall be limited to particular professional and business activities that are traditionally carried on in the home and are compatible with the long-term integrity of a residential neighborhood.

C.

Permitted home occupations.

1.

Homebound employment of a physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of his disability.

2.

Office facilities for salesmen, sales representatives, and manufacturer's representatives when no in-person retail or wholesale sales are made or transacted on the premises.

3.

Studio or laboratory of an artist, musician, photographer, craftsman, writer, tailor, seamstress, or similar person, provided that the existence of the home occupation will not increase the number of average daily automobile trips generated by the residence in which the home occupation is located.

4.

Office facilities for accountants, architects, beauticians, brokers, doctors, engineers, lawyers, insurance agents, realtors and members of similar professions, provided that the existence of the home occupation will not increase the number of average daily automobile trips generated by the residence in which the home occupation is located.

5.

Day care homes are not considered a home occupation.

D.

Use limitations. In addition to the requirements of the zoning district in which it is located, all home occupations shall comply with the following restrictions:

1.

No stock in trade shall be displayed or sold on the premises.

2.

The home occupation shall not occupy more than 15 percent of the floor area of the dwelling unit.

3.

There shall be no outdoor storage of equipment or materials used in the home occupation.

4.

No mechanical, electrical, or other equipment, which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure, shall be used.

5.

No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

6.

Only one employee shall be permitted other than a resident of the dwelling.

7.

No sign shall advertise the presence or conduct of the home occupation, other than a non-illuminated name plate, which: does not exceed one square foot; or does not exceed two square feet if attached and mounted on the principal structure.