A.

General . Adult-uses shall be allowed only where permitted in Article III subject to the following requirements.

B.

Location Requirements .

1.

No adult-uses shall be located within one thousand feet (1,000') of a residential zone, park, school, day care center, library or religious or cultural activity.

2.

No adult-use business shall be located within two thousand feet (2,000') of any other adult-use business.

3.

Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.

4.

Adult Uses shall not be allowed as home occupations.

C.

Exterior Requirements .

1.

It shall be unlawful for an owner or operator of an adult use to allow the merchandise or activities of the establishment to be visible from any point outside the establishment.

2.

It shall be unlawful for the owner or operator of the adult use to allow the exterior of the adult use to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or other pictorial representations of any manner except to the extent permitted by the provisions of this Code.

D.

Signage .

1.

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

2.

Secondary signs shall have only one (1) display surface and shall contain no photographs, silhouettes, drawings, or other pictorial representations of any manner, and may contain only the name of the enterprise.

A.

General . A bed and breakfast residence shall provide no more than eight (8) rooms for rental to temporary guests, not to exceed fourteen (14) consecutive nights.

B.

Bed and Breakfast Residence Development Standards:

1.

All of the required approvals shall be obtained prior to establishment of the bed and breakfast, including an occupational license, certificate of occupancy and health department approval.

2.

No cooking facilities are permitted in the individual guest rooms.

3.

A bed and breakfast located in a residential district is allowed one (1) building sign, not to exceed six (6) square feet. The sign shall complement the architecture of the structure. A bed and breakfast located in a non-residential district shall comply with the sign regulations for that district.

C.

Off-Street Parking Requirements .

1.

One (1) off-street parking space shall be provided for each guest room required and one (1) off street parking space shall be required for the owner-occupant.

A.

General . 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 City every year.

1.

The number of children permitted in a day care center is as follows:

a.

Day Care Center, Small: Up to fifteen (15) children;

b.

Day Care Center, Large: Over fifteen (15) children;

2.

The number of adults permitted in a day care center is as follows:

a.

Day Care Center, Small: Up to ten (10) adults;

b.

Day Care Center, Large: Eleven (11) to fifty (50) adults.

B.

Adult Day Care Center .

1.

No adult may remain on the premises of an adult day care center for more than twenty-four (24) consecutive hours in one (1) stay.

2.

A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the center, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.

3.

If no elevator is available, all programs and activities must be located on the ground floor.

4.

An on-site drop off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged.

C.

Child Day Care Center .

1.

No child may remain on the premises of a child day care center for more than twenty-four (24) consecutive hours in one (1) stay.

2.

The following square footage of available indoor and outdoor play/instruction area is required for each child day care center:

a.

A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparations areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.

b.

A minimum of thirty-seven and one half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site available for use by children, but does not include any area within the required front yard. This requirement is not subject to variances.

3.

An on-site drop off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged.

4.

The outdoor play area must meet the following requirements:

a.

The outdoor play area must be enclosed to protect the children from traffic hazards on- and off-site and prevent the children from leaving the premises without proper supervision.

b.

If the child day care center is located adjacent to a residential district, there must be a six-foot (6') solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds, swimming pools, and to separate the parking from any play area.

c.

A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area that covers at least twenty-five percent (25%) of the outdoor play area.

d.

Play equipment provided must be maintained in good repair, and there must be a soft surface (grass, sand, mulch, mats, etc.) under all climbing equipment.

(Ord. No. 2018-02 , § VI, VII, 6-6-18)

A.

General Requirements .

1.

Each day care home must comply with all applicable state and federal regulations, including the Louisiana Administrative Code, and must provide all permits and licenses to the City of New Roads before obtaining a Certificate of Occupancy.

2.

The amount of traffic or noise generated must not be excessive.

3.

The day care home must retain a residential character and must not alter the residential character of the neighborhood.

4.

Operation of the day care home must not adversely impact surrounding properties.

5.

An on-site drop-off and/or residential passenger zone must be provided. A residential driveway may be acceptable for this purpose, but may not be shared with any required parking area. The drop-off area must be located so that clients of the facility are dropped off in front of the facility; drop-off areas across the street from the facility do not meet this requirement.

6.

Up to six (6) children or adults are permitted in a day care home.

B.

Adult Day Care Home .

1.

No adult may remain on the premises of an adult day care home for more than twenty-four (24) consecutive hours in one (1) stay.

2.

A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the home, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.

C.

Child Day Care Home .

1.

No child may remain on the premises of a child day care home for more than twenty-four (24) consecutive hours in one (1) stay.

2.

The following square footage of available indoor and outdoor play/instruction area is required for each child day care center:

a.

A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparations areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.

b.

A minimum of thirty-seven and one half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site available for use by children, but does not include any area within the required front yard. This requirement is not subject to variances.

3.

The outdoor play area must meet the following requirements:

a.

The outdoor play area must be enclosed to protect the children from traffic hazards on- and off-site and prevent the children from leaving the premises without proper supervision.

b.

If the child day care home is located adjacent to a residential district, there must be a six-foot (6') solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds, swimming pools, and to separate the parking from any play area.

c.

A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area that covers at least twenty-five percent (25%) of the outdoor play area.

d.

Play equipment provided must be maintained in good repair, and there must be a soft surface (grass, sand, mulch, mats, etc.) under all climbing equipment.

A.

General . Group homes and residential care centers shall be operated in sanitary and orderly fashion. The State of Louisiana Department of Social Services must license establishments subject to these standards.

B.

Group Home and Residential Care Center Development Standards:

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 fifteen thousand (15,000) square feet.

2.

A group home or residential care center shall have a minimum of three hundred fifty (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 (6) excluding staff and personnel. The maximum number of persons permitted to occupy a large group home is twelve (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 thirteen hundred twenty feet (1,320') 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 (4) off-street parking spaces shall be provided.

A.

General .

1.

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.

2.

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.

B.

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 salesman, 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.

C.

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 be conducted entirely within an enclosed principal structure, and shall not be visible from any residential structure or a public way.

3.

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

4.

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

5.

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.

6.

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.

7.

Only one (1) employee shall be permitted other than a resident of the dwelling.

8.

No sign shall advertise the presence or conduct of the home occupation, other than a non-illuminated name plate, which:

a.

Does not exceed one (1) square foot; or

b.

Does not exceed two (2) square feet if attached and mounted on the principal structure.

A.

General . Live Entertainment shall only be allowed when permitted in the applicable zoning district and as a secondary use to the following primary uses:

1.

Standard or Specialty Restaurant.

2.

Bar.

3.

Recreation Facility, Indoor.

4.

Reception Facility.

B.

Live Entertainment . Secondary Use Development Standards:

1.

Live Entertainment. Secondary Uses shall be reviewed and permitted as a separate principal use.

2.

Windows and doors shall be closed during live entertainment performances.

3.

Outdoor live entertainment areas located within fifty (50) feet of a residential district or a residential use shall only be authorized through the conditional use process.

A.

General . Manufactured housing shall be allowed where such structures comply with the requirements of the applicable zoning district, are installed and maintained in safe and quality condition, and comply with the development standards below.

B.

Manufactured Housing Development Standards:

1.

Each lot shall contain no more than one (1) 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, approval, and issuance of a certificate of occupancy by the Administrative Official.

3.

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

4.

The manufactured home shall enclose a space of not less than one thousand (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 ninety (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 (3) feet in height for each twelve (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 not have an original manufacturing date that occurred more than twenty (20) years prior to the application date for the certificate of occupancy.

(Ord. No. 2018-04 , § III, 11-13-18)

A.

General . No persons shall develop, install, locate or construct any tower in any district in the City except as expressly authorized in this section and in conformance with all other ordinances of the City of New Roads.

B.

Telecommunication Tower Development Standards .

1.

Co-location Requirements . All wireless telecommunication towers erected, constructed, or located within the Parish shall comply with the following requirements:

a.

Proposals for new wireless telecommunication service towers (exceeding 120 feet in height) shall not be approved unless the Administrative Official finds that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower/building within a one (1) mile radius.

b.

Proposals for new wireless telecommunication service tower (less than 120 feet in height) shall not be approved unless the Administrative Official finds that the proposed tower cannot be accommodated on an existing or approved tower/building within one-half (1/2) mile radius.

c.

Any wireless telecommunication service tower owner shall not prohibit any other wireless telecommunication service provider form co-locating on a tower owner's existing tower so long as the other wireless telecommunications service provider pays the tower owner reasonable compensation according to industry standards for space on the tower and pays for any and all costs, if any are required, to ensure that the existing tower is structurally safe according to industry engineering parameters to place additional antennas on the tower.

d.

All towers must be buffered for an intermediate difference in land use and meet the minimum landscaping requirements.

2.

Tower Setbacks . Towers shall be set back from all property lines by a minimum distance equal to one half of the height of the tower including all antennas and attachments.

3.

Tower Lighting . Towers shall be illuminated by artificial means and not display strobe lights unless the Federal Aviation Administration or other federal or state authority for a particular tower specifically requires such lighting. When the FAA does not require tower lighting, red beacons shall be installed on towers greater than or equal to one hundred feet (100') in height.

4.

Signs and Advertising . The use of any portion of a tower other than for warning or equipment information signs is prohibited.

5.

Utility Buildings . All utility buildings and other structures located on the same lot as a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district.

6.

Abandoned Towers . In the event the use of any communication tower has been discontinued for a period of six (6) months, the tower shall be deemed abandoned. The Administrative Official shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage shall make determination of the date of abandonment. Upon such abandonment, the owner/operator of the tower shall have an additional six (6) months within which to:

a.

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

b.

Dismantle and remove the tower.

c.

Six (6) months after the date of abandonment without reactivation or upon the completion of dismantling and removal, any Conditional Use and/or variance approval for the tower shall automatically expire.

7.

Antennas Mounted on Roofs, Walls, and Existing Towers . The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the Building Official, provided the antennas meet the requirements of this Code, after submittal of a final site and building plan and a prepared report by a qualified and licensed professional engineer indicating the existing tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure.

A.

General . Temporary uses are permitted in any zoning district provided that all temporary uses shall meet yard and bulk regulations and parking requirements for the applicable zoning district. No temporary use shall be permitted to continue for such a length of time that it constitutes in effect a permanent use.

B.

Temporary Use Development Standards.

1.

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

2.

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 sixty (60) days.

3.

Sales of Christmas trees or other seasonal goods provided that such sales are located on a property for a period of up to sixty (60) days.

4.

Religious revival tents for a period up to thirty (30) days.

5.

Portable storage units (PODS) for a period up to thirty (30) days when located in front yard of a primary structure, or up to sixty (60) days when located in a side or rear yard of a structure. In no case shall PODS be located within fifteen feet (15') of the public right-of-way.

6.

Indoor and outdoor art and craft shows, exhibits and sales for a period of up to fourteen (14) days.

7.

Garage or Yard Sales provided for a period not to exceed three (3) consecutive days and nor more than three (3) sales from the same resident in any twelve (12) month period.

8.

Temporary Outdoor Entertainment Events - including live music, revue or play within outdoor space on public or private property. A management plan is required as part of the temporary use permit that contains the following:

a.

The on-site presence of a manager during the event.

b.

General layout of performance area, visitor facilities, and all ingress and egress points for the site.

c.

The days and hours of operation, including set-up and take down times.

9.

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

A.

Townhome Development Standards .

1.

Not more than six (6) contiguous Townhouses shall be built in a row with the same or approximately the same front building line.

2.

No portion of a townhouse or accessory structure in or related to one (1) group of contiguous Townhouses shall be closer than twenty (20) feet to any portion of an accessory structure related to another group, or to any building outside of the Townhouse area, nor shall any structure be less than twenty (20) feet from a public street right-of-way and ten (10) feet off any side street right-of-way if the structure is located on a corner lot.

3.

There shall be a minimum twenty-five (25) foot yard along the sides and rear of each Townhouse site wherever it adjoins a residential district that does not permit multi-family uses or a lot containing a single-family residence, and a five (5) foot side and ten (10) foot rear yard in all other circumstances.

4.

Each Townhouse shall have its own lot yard space of at least two hundred (200) square feet, reasonably secluded from view of public streets and from neighboring properties. Such yard shall not be used for off-street parking or for an accessory building.

B.

Drives, Parking and Utilities .

1.

Insofar as practical, off-street parking facilities shall be grouped in bays, either adjacent to streets or in the interior of blocks.

2.

All parking areas shall meet the standards set forth in the zoning regulations, and must include at least two (2) parking spaces per dwelling unit.

3.

There shall be at least a six (6) foot high wall or solid fence along the sides and rear of any Townhouse development that abuts a lot containing a single-family residence.

A.

Authorization . Accessory uses and structures are permitted in any zoning district in connection with any principal use or structure lawfully existing within such district provided that all development standards and regulations are in compliance.

B.

Development Standards .

1.

All accessory structures and uses in any residential district, other than fences, garages and carports used in conjunction with the main structure shall be located in the rear or side yard of the residential unit.

2.

Except as provided in the development standards, fences may be located at any point on the lot provided it does not create a traffic hazard on any similar type problem to the surrounding area. No fence shall exceed eight feet (8') in height. All fences shall be maintained in good condition so as not to create an eyesore, nuisance, or hazard to the surrounding area.

3.

Commercial trash receptacles shall be considered as accessory structure. Large trash receptacles, dumpsters, and other containers for receiving residential or commercial waste shall be placed at least fifteen feet (15') from an adjoining property line, notwithstanding any other provision of this code. Any dumpster or other trash receptacle located closer than fifteen feet (15') to any property line or that is visible from any public street, shall be screened with a permanently installed buffer fence made of wood, chain-linked with slats, or masonry.

A.

General . The purpose of this Section is to provide a process and definable standards for landscaping, buffering and screening of land uses within the City of New Roads in order to protect, maintain and enhance existing natural features and landscaped areas through the:

1.

Use of plant materials to provide buffering and screening to mitigate the harmful effects of the sun, wind, rain, noise, lack of privacy and differing land uses;

2.

Use of plant materials to define spaces, articulate the uses of specific areas, and unify elements of the site;

3.

Encouragement of conservation of significant plant materials, including existing trees and other natural resources whenever possible; and

4.

Maintenance of landscaped areas.

B.

Applicability . The provisions of this section shall apply to all zoning districts other than residential development less than five (5) units. Landscape regulations and tree planting requirements apply to all new building projects, public or private, in the City of New Roads, regardless of location unless otherwise noted in this code. These requirements shall apply to existing properties where new construction or renovation substantial enough to require a building permit and submission of plans to the State Fire Marshal. This includes new or renovated parking lots.

C.

Landscape Plan . In accordance with this Section, a landscape and tree preservation plan shall be prepared and submitted to the City of New Roads before any clearing or construction takes place and before any Building Permit is issued. Such plan will become part of the Building Permit Application file and will be considered part of the building and site approval permit. The landscape and tree preservation plan shall be drawn by a Landscape Contractor. or when required, a Landscape Architect licensed in the State of Louisiana shall contain the following basic information, and shall be subject to the following:

1.

Interest and Ownership: The name, address, phone number and signature of the property owner and proof of ownership.

2.

Zoning Classification: The present zoning classification of the property and all property within five hundred (500') feet.

3.

Site Features: The location, including all dimensions and distances drawn to scale, of all street and buffer planting areas; all existing and proposed parking spaces or other vehicle areas, access ways, and driveways; the location, size and description of all existing and proposed landscape materials, planting methods, fill and irrigation systems.

4.

Utility Rights-of-Way: The location, including all dimensions and distances drawn to scale, of all utility rights-of-way.

5.

Live Oak Trees: The location of all Live Oak trees that are ten (10") inches dbh whether located on the property or within the rights-of-way shall be clearly identified.

6.

The location, number, and size of all existing trees six (6") inches dbh or greater located in the required street planting area, required side or rear yard buffers and the street right-of-way shall be clearly identified on the plan. In addition, the applicant shall clearly label the trees that he/she seeks permits to remove.

D.

Standards for Landscaping Materials . Location and size of all required planting areas as well as the quantity of trees or plants may be adjusted by the Administrative Official, due to the presence of overhead or underground utilities, upon appeal in writing from the owner. This shall not apply to the replacement of cut, dead or diseased trees as outlined in this Code.

E.

Installation .

1.

All landscaping shall be installed in a sound, workmanlike manner and according to accepted good planting procedures.

2.

All Plant materials required for installation shall be certified disease- and insect-free.

3.

Landscape work shall be completed as part of the total construction package and must be in place at final inspection of the building or site by the Building Official. Site and landscaping improvements not installed according to the approved landscape and tree preservation plan may prevent approval of the applicant's occupancy of the building and site and may result in enforcement action.

4.

Existing vegetation that is to be preserved in compliance with the requirements of this section shall be protected during the development process.

F.

Maintenance .

1.

The owner shall be responsible for the maintenance of required landscaping. All landscaping shall be kept in good condition so as to present a healthy, neat and orderly appearance; and said landscaped areas shall be kept free from refuse and debris.

2.

Required planting materials that die or become diseased during or during the eighteen (18) months following completion of construction, are to be replaced with the same type and size of plant material originally specified on the landscape plan within six (6) months.

3.

Plant materials shall be pruned as required to maintain good health and character. However, tree topping is not permitted.

4.

Plant beds shall be mulched to prevent weed growth and maintain soil moisture.

5.

A tree-cutting permit shall be required prior to the removal of any tree larger than six (6") inches dbh. The permit application shall include a site plan indicating the required yard setback, street and buffer planting areas, and the location, species, and size of any trees over six (6") inches dbh that exist within these areas. The permittee shall removal all debris related to the cutting.

G.

Tree Preservation Requirements. This Section provides for the retention and protection of large trees when land is developed. In order to ensure better survival of existing trees, the developer shall heed the following:

1.

The owner/developer shall try to preserve native trees and shrubs in the design and implementation of the landscape and tree preservation plan.

2.

Retention and Protection of Large Trees.

a.

Every development shall retain all existing trees twelve (12") inches dbh or greater, and all Live Oak trees ten (10") inches dbh or greater, regardless of zoning district.

b.

No excavation or other subsurface disturbance may be undertaken within the inner most two-thirds (2/3) of the drip line of any tree twelve (12") inches dbh or greater or of any Live Oak tree ten (10") inches dbh or greater.

c.

If space that would otherwise be devoted to parking cannot be so used because of the requirements of Sections H.1 or H.2, and as a result, the parking requirements set forth in this Code cannot be satisfied, the number of required parking spaces may be reduced by the number of spaces lost up to a maximum of fifteen percent (15%) of the required spaces.

d.

The retention or protection of trees twelve (12") inches dbh or greater or of any Live Oak tree ten (10") inches dbh or greater shall be deemed to unreasonably burden a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would pose an unreasonable hardship upon the developer, or if the reasonable development of the lot results in substantial alterations to the tree's environment, the effect of which would require the sever pruning of the tree and thereby destroy its aesthetic and environmental qualities.

3.

Protection of Trees During Construction.

a.

Trees shall be protected with fencing and armoring during the entire construction period. The fenced area shall enclose an area encompassing the entire drip zone of the tree. Failure to maintain the protective fencing may result in a Stop Work Order.

b.

During construction, planting or open ground areas surrounding preserved trees shall be protected sufficiently to prevent earth compaction of the root zone. In addition:

i.

No soil disturbance or compaction, stock piling of soil or other construction materials, vehicular traffic, or storage of heavy equipment is allowed in the tree and root protection area(s), or within the drip line of trees to be retained.

ii.

No ropes, signs, wires, unprotected electrical installation or other device or material, shall be secured or fastened around or through a tree or shrub.

iii.

Toxic chemicals, gas, smoke, salt brine, oil or other injurious substances shall not be stored or allowed to seep, drain or empty within the drip line of trees or shrubs in the tree and root protection area.

iv.

Except for sidewalks and curb and gutter, no paving with concrete, asphalt or other impervious material within the drip line of trees to be retained shall be allowed.

c.

Damaged roots and branches shall be repaired immediately. Exposed root should be covered with topsoil. Severed limbs should be painted. Whenever roots are damaged, a proportional amount of branches should be pruned so that the tree does not transpire more water than is takes in. Injured trees must thoroughly be irrigated to adequately repair damage.

d.

No tree shall be removed, mutilated or significantly pruned within a public right-of-way without the express approval of the Building Official pursuant to this Code.

H.

Compliance and Performance Assurance . Failure to comply with any of the provisions of this chapter shall result in a citation and one of the following actions:

1.

Stop work order: Upon notice from the issuing authority or its designee, work on any project that is being done contrary to the provisions of this chapter shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property and shall state the conditions under which work may resume. In the case of an emergency, neither a written notice to comply nor a written notice to stop work is required.

2.

Withholding of certificate of occupancy: If any person or persons engaged in development activity fails to comply with an official notice from the City of New Roads, that person or persons shall be deemed in violation of this chapter and, in addition to other penalties, the administrator may request that the City of New Roads Administrative Official refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the measures necessary to achieve compliance with this code have been completed and all violations have been brought into compliance.

I.

Street Trees .

1.

Required Street Planting Area: A minimum fifteen (15') feet street planting area is required adjacent to the right-of-way of any street. If the lot is a corner lot, all frontages will be required to observe the fifteen (15') feet street planting area. The required depth of the street planting area may be articulated to provide for a depth of greater than or less than the minimum fifteen (15') feet depth so long as the required area of the street planting area on that street frontage is maintained.

2.

In calculating the required street planting area, the area of any utility servitude, either existing or proposed as part of the development permit, shall not be included as a part of the planting area.

3.

For all developments there shall be one (1) Class A or two (2) Class B trees planted in the street planting area for every forty (40) linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered to facilitate site design.

4.

When trees are to be planted to satisfy the requirement, responsibility shall be conveyed to the initial developer(s) of the individual lots fronting on the street.

5.

Necessary driveways from the public right-of-way shall be allowed through all required street planting areas in accordance with these regulations.

6.

No tree shall be removed, mutilated or significantly pruned within the right-of-way of a dedicated street without the approval of the Building Official.

J.

Sidewalks . Except where sidewalks have been, or are planned to be constructed in the street right-of-way near to, or adjacent to, the street planting area, a sidewalk shall be constructed within the street planting area(s) for all designated zoning districts.

K.

Buffering and Screening .

1.

Buffer yards: When a buffer is required, as outlined in Table 2.1 Buffer yard Requirements, the minimum buffer yard and screening requirements must be provided along with the minimum of one (1) Class A tree or two (2) Class B trees for every forty (40) linear feet or fraction thereof.

2.

Screening of Trash and Garbage Cans: Storage areas containing three (3) or more refuse, garbage or rubbish containers or one (1) or more dumpsters shall be screened on all sides with a six-(6') feet high, seventy percent (70%) sight obscuring screen of living or one hundred percent (100%) sight obscuring screen of nonliving landscape material.

L.

Parking and Vehicular Use Areas . Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns.

1.

General Interior Parking Landscape Requirements.

a.

Landscaping shall be required in parking lots with more than seven (7) parking spaces or that are larger than two thousand (2,000) square feet.

b.

Planting areas shall be a minimum of ten percent (10%) of the paved parking area.

2.

Specific Interior Parking Landscaping Requirements.

a.

Landscaping Within Rows: Landscaping within rows shall be located evenly between every ten (10) to fifteen (15) parking spaces. No more than fifteen (15) contiguous parking spaces shall be allowed without a minimum of one (1) landscaped island or peninsula containing trees.

b.

Landscaping at End of Rows: Every parking row shall terminate in a landscaped island containing trees. A landscape island shall not be required at the end of a parking row where the end of the parking row that abuts a street planting area or buffer planting area.

c.

Size of Landscape Island: Landscape islands shall be a minimum of nine (9') feet in width and not less than eighteen (18') feet in length, or the length of the adjacent parking space, whichever is greater.

d.

A landscape island shall be located at the terminus of each parking row, and should contain at least one tree. A monolithic curb shall protect all landscape areas or wheel stops and remain free of trash, litter, and car bumper overhangs.

e.

Planting requirements: A minimum of one (1) Class B tree shall be planted for every seven (7) parking spaces provided. Landscaped islands shall be surfaced with ground cover, grass and/or mulch. Credit will be given on a one-to-one basis for existing trees preserved and protected in the parking areas.

i.

The required trees for a parking lot with fewer than ten (10) spaces may be located around its perimeter. Trees must be located within ten (10') feet of the edge of the parking area pavement to be considered a required tree.

f.

Drainage: Parking lots shall be designed to drain through landscape filter areas. A filter area shall be provided where double loaded parking rows occur and a median is not required, and required medians shall also serve as filter areas. The filter area is to be a minimum of three feet (3') in width and the full length of the parking row. Catch basins should be provided as needed to prevent overflow on the parking surface. The City Engineer shall review all parking lot applications for adherence to stormwater best management practices.

i.

A portion of the drainage from the parking area may be drained through the street or buffer planting areas into grassed drainage swales. Catch basins should be provided as needed to prevent overflow onto the parking surface or sidewalk.

ii.

Landscape filter areas are to be planted with groundcover and/or landscape material that will achieve one hundred percent (100%) coverage when mature.

N.

List of Recommended Trees . The following lists indicates plantings that will meet the screening and shading requirements of this Code. Plants were selected for inclusion on these lists according to general suitability as identified by the Louisiana State University (LSU) Agricultural Center, which may be updated periodically and used as a guide in making landscape planting decisions.

A.

General . Off-street parking shall be provided in compliance with this section whenever any building is erected, altered, enlarged, converted or increased in size or capacity.

B.

Parking Space Requirements . The off-street parking spaces required for each use permitted by this code will not be less than that found in Table 2.4 Off-Street Parking Schedule, provided that any fractional parking space is computed as a whole.

C.

Combination of Uses . Two (2) or more uses can satisfy the number of required parking spaces by providing the spaces in the same structure or lot. The number of spaces in the jointly used structure shall be equal to the sum of the requirements for each use set forth in Table 2.4 Off-Street Parking Schedule.

1.

Joint use up to fifty percent (50%) of required parking spaces may be permitted for two (2) or more uses provided that the applicant can demonstrate that the uses will not substantially overlap in hours of operation.

2.

If an applicant can demonstrate that employee-parking facilities will be provided off-site, the total amount of required parking provided on-site or within five hundred (500) feet of the site, may be reduced up to fifteen percent (15%).

D.

Location of Required Parking Spaces . Required parking spaces shall be located as follows:

1.

Residential Units: On same lot.

2.

All other uses: The parking spaces shall be provided on the same lot as the use or where exclusive use of such is provided on another lot not more than five hundred (500) feet radially from the subject lot within the same or less-restrictive zoning district.

3.

If the parking spaces are to be located on a lot other than the same lot of the principal building or use, a legal instrument assuring the continued availability of those required parking spaces shall be approved by the City Attorney and the Administrative Official and recorded prior to issuance of development approval.

E.

Parking Stall Dimension .

1.

Stall Width: A minimum width of nine (9) feet shall be provided for each parking stall.

2.

Stall Length: A minimum length of eighteen (18) feet shall be provided for each parking stall.

3.

Exceptions.

a.

Up to thirty percent (30%) of required parking spaces may be designated for use by subcompact automobiles, provided that each space is clearly marked for such use and no space so designated is less than eight (8) feet wide by sixteen (16) feet long;

b.

Parallel parking stalls shall be permitted to be eight (8) feet wide and no less than twenty-two (22) feet long.

F.

Accessible Spaces . Accessible parking spaces and passenger loading zones shall be provided in accordance with the International Building Codes. Passenger loading zones shall be designed and constructed in accordance with ICC A117.1. and AASHTO standards.

G.

Design of Parking Facilities . Parking structures shall be set back from the property line the same distance as required for the principal structure in the district in which it is located. This does not apply to driveway, parking lots or similar type surface improvements.

1.

Driveway width: Every parking facility shall be provided with one or more access driveways, the width of which shall be at least nine (9) feet for private driveways and twelve (12) feet for one-way and twenty-four (24) feet for two-way entrances to commercial uses.

2.

Driveway ramps and slopes: The maximum slope of any driveway or ramp shall not exceed twenty percent (20%).

3.

Stall access: Sufficient maneuver and access aisle shall be provided to permit vehicles to enter and leave in a forward motion.

4.

Compact-to-standard stall ratio: The maximum ratio of compact stalls to standard stalls in any parking area shall not exceed 1:2.

5.

Screening: A three-(3) feet high buffer at the public way shall be provided for all parking areas of five (5) or more spaces.

6.

A bumper rail or wheel barrier shall be installed so that no part of parked automobiles can extend into the public right-of-way or into the landscaped area. A minimum of three (3) feet shall be provided from the property line to the wheel guard.

7.

If light is provided, it shall be installed so that it does not reflect on adjacent properties or interfere with traffic. See Section 2.4 Outdoor Lighting Standards.

H.

Off-street Loading Requirements .

1.

General.

a.

Whenever a residential building with more than four units or any non-residential building is erected, altered, enlarged, converted or otherwise increased in size or capacity, the off-street loading facilities herein required shall be provided for uses that distribute or receive materials or merchandise by trucks or other commercial vehicles in accordance with Table 2.5 Off-Street Parking Requirements.

b.

In the case of multi-tenant developments, required loading spaces are calculated on the basis of each individual tenant. For example, if only one (1) commercial tenant of a multi-tenant development is over five thousand (5,000) square feet only one (1) loading space is required; if all tenants are less than five thousand (5,000) square feet, no loading is required.

c.

A variance for off-street loading spaces may only be requested from the Board of Adjustments if more than one (1) off-street loading space is required. In no case shall a variance shall be granted for more than fifty percent (50%) of the required off-street loading spaces.

2.

Computation of Off-Street Loading Requirements - The off-street loading requirements for each use permitted by this Code shall not be less than that found in Table 2.5 Off Street Loading Requirements.

3.

Combined Off-Street Loading Facilities. Requirements for the provision of off-street loading facilities for two (2) or more structures may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common loading facility, provided that the total number of spaces designated is not less than the sum of the individual requirements.

4.

Off-Street Loading Location and Design.

a.

All off-street loading spaces shall be located on the same lot as the use served.

b.

No off-street loading space may project into a public right-of-way.

c.

A loading space shall have minimum dimensions of not less than twelve (12) feet in width, thirty (35) feet in length, exclusive of driveways and other circulation areas, and a height of not less than (15) feet.

I.

Limitations . No parking lot or structure may be used for the servicing, repair, or washing of motor vehicles.

A.

Purpose and Intent . The purpose of this section is to preserve the nighttime character of the city through the establishment of standards for the use of outdoor lighting. The elimination of glare and light trespass will ensure public safety, as well as, facilitate the harmonious use of adjacent commercial and residential land uses.

B.

Applicability and Permits . All non-residential outdoor lighting and all outdoor lighting installed for multi-family residential properties of greater than five units in the city shall comply with the provisions of this section as of its effective date.

1.

Submission contents: The applicant for any building permit from the city in connection with proposed work involving outdoor lighting shall submit evidence that the proposed outdoor lighting will comply with these regulations.

2.

The applicant shall submit, as part of the permit application, a site plan indicating the location of outdoor lighting, the type of illuminating fixture and device utilized to prevent light spillage onto adjacent streets and properties, as well as, prevent upward light pollution.

C.

Lighting Fixture Design Requirements and Standards .

1.

Generally: Exterior lights shall not be allowed to shine directly into the eyes of any occupant of any vehicle on any public or private road, onto adjacent property, or where the illumination interferes with the visibility or readability of any traffic signs or devices. Except for the lighting of businesses which remain open 24 hours a day, commercial signs and commercial lighting other than that necessary for security will be turned off at the later of closing time.

2.

Restrictions on Illuminance: All lighting fixtures with a lamp or lamps rated at an average of more than three thousand 3,000 lumens (2-75 watt bulbs) shall be either:

a.

Full cutoff type fixture with a single plane lens or;

b.

Fully shielded fixture.

3.

Artificial lighting for parking lots and loading areas: Light source fixtures for parking lots shall conform to the following:

a.

All lighting used to illuminate any off-street parking or loading areas shall be confined within and directed onto the parking and loading area only. Light spillage not to exceed two (2) foot-candles at the property line.

b.

Light fixtures shall not exceed a height of twenty-five (25') feet measured from the ground/pavement to the bottom/base of the fixture.

c.

Fixtures shall be limited to two per pole.

d.

Fixture lamps shall be quartz halogen, fluorescent, metal halide, mercury vapor, or high-pressure sodium.

4.

Floodlights: Floodlights on all structures shall be shielded so that the light source is not visible from adjacent property.

5.

Prohibitions: Electrical illumination of outdoor advertising off-site signs between the hours of 11:00 p.m. and sunrise is prohibited.

6.

Measuring Illuminance: Total foot-candles measured at three (3') feet above ground level with the measuring instrument held in the horizontal plane shall not exceed two (2) foot-candles at the property line, unless it is a public streetlight within the right-of-way.

D.

Lamps that Emit 3,000 Lumens or Less . The following list of lamp types and corresponding units of wattage may be considered as a guide to selecting lamps that emit three thousand 3,000 lumens or less:

1.

Incandescent lamps: Sixty (60) watts or less.

2.

Quartz halogen lamps: Sixty (60) watts or less.

3.

Florescent lamp: Thirty-five (35) watts or less.

4.

Mercury vapor lamp: Seventy-five (75) watts or less.

5.

Metal halide lamp: Forty (40) watts or less.

6.

High-pressure sodium lamp: Forty-five (45) watts or less.

7.

Low-pressure sodium lamp: Twenty-five (25) watts or less.

E.

Exceptions to Outdoor Lighting Requirements .

1.

Police and Fire Departments or Other Emergency Services: All emergency or permanent lighting required by the police or fire department or other emergency facilities or personnel.

2.

Hospitals: All emergency or permanent lighting required by a hospital for emergency facilities or personnel.

3.

Federal Regulatory Agencies: All outdoor lighting levels required under federal law are exempt from the requirements of this section, except where those requirements are less stringent than those contained herein.

4.

Flags: Up-Lighting for national, state or foreign nation flags located on poles independent of other structures are exempt from the requirements of this section.

5.

Trees: Lighting of trees is exempt from the requirements of this section except that the maximum amount of lumens for such lighting shall be no greater than three thousand (3,000) lumens per fixture.

6.

Street Lighting: Public streetlights are exempt from these requirements if they are in existence at the time this section becomes effective.

7.

Holiday Lighting: Exterior lights intended as holiday decorations are exempt from the restrictions of this code.

8.

Ground mounted floodlights are permitted if they are shielded/hooded and lamp wattage does not exceed one hundred (100) watts.

9.

Nonconformities: Lighting systems, fixtures and devices in place and operable immediately preceding the effective date of this code are exempt, but shall not be replaced, enlarged, altered nor improved except in conformity with the provisions and specifications of this code once it is in effect.

F.

Outdoor Lighting for Signs .

1.

Externally Illuminated Outdoor Signs: Outdoor signs illuminated by top mounted or bottom mounted fixtures shall comply with the shielding requirement of this section. The maximum amount of lumens for lighting mounted on the sign structure shall be no greater than three thousand (3,000) lumens per fixture.

2.

Internally Illuminated Outdoor Signs: Outdoor signs wholly illuminated from within do not require shielding. The maximum amount of lumens for such lighting shall be no greater than three thousand (3,000) lumens per fixture.

G.

Enforcement .

1.

Maintenance of Lighting, Compliance, and Penalties: Each lighting fixture that has been erected in accordance with the provisions of this lighting code shall be maintained in substantially the same condition as when constructed. Any person or entity that violates the provisions of this lighting code or any amendments thereto shall be subject to following fines in addition to those fines and penalties as may be provided for in this code.

A.

Purpose and Intent . The purpose of this article is to regulate the design and placement of storm drainage facilities, manage localized flooding, manage soil erosion and obstruction of drainage, prevent the undermining of public streets, and provide procedures and conditions for managing stormwater in the City in the most economical manner possible within reasonable resources.

B.

General Requirements . All developments shall include adequate stormwater drainage facilities to protect the proposed development and surrounding properties from any flooding and water damage. Developers shall take all reasonable measures to protect all public and private property on and off-site of the development from water damage that is contributive from this development, during and after construction.

C.

Stormwater Management Plan .

1.

Before the issuance of any permit authorized herein a developer shall submit a stormwater management plan for review and approval for all developments over one (1) acre in size. However, individual residential lots over one (1) acre in size are only required to have a stormwater management plan only if the lot contains seventy percent (70%) or more imperviousness.

2.

Stormwater management plans shall be signs and sealed by a professional engineer licensed in the State of Louisiana.

D.

Basic Control Objectives . The basic control objectives that are to be considered in developing and implementing a stormwater management plan include:

1.

Identify Critical Areas: On-site areas that are subject to severe erosion, and off-site areas which are vulnerable to damage from erosion, sedimentation, and/or stormwater damage, are to be identified and receive special attention, appropriate mitigation measures shall be designed to protect those areas.

2.

Manage Stormwater Runoff: When an increase in the peak flow rates and velocity of stormwater resulting from development is sufficient to cause increased runoff within or erosion of the receiving watercourse, plans are to include measures to control the velocity and rate of release at the point of discharge so as to minimize runoff and erosion of the site and of downstream properties. All sites that have thirty thousand (30,000) square feet of imperviousness shall provide on-site stormwater detention such that post-development peak discharge from the design event is not greater than the pre-developed peak discharge at the point(s) discharge, unless the following:

a.

The City determines that it is in the best interest of the City to not have stormwater detention on a particular site; or,

b.

The developer can demonstrate through hydrologic and hydraulic calculations performed by a professional engineer licensed by the State of Louisiana that the development would not have an adverse impact on the downstream properties and storm drainage facilities during the design event. The analysis shall be performed to a point downstream where the post-development design event peak discharge from the development is equal to or less than ten percent (10%) of the total drainage area peak discharge from the same event design.

3.

Development Stormwater Drainage Facility: Stormwater from a site, including upstream drainage flowing into the site, is to be systematically controlled to manage localized flooding in the site and to minimize the effects of the development and drainage on downstream properties.

4.

Any control measures, structures, and devices for the protection of stream banks and channels shall be so planned, designed, and constructed as to provide control of any increase in accelerated erosion or sedimentation of the receiving stream from the calculated peak rates of runoff from the design event. Runoff rates shall be calculated using the USDA Soil Conservation Service's "National Engineering Field Manual for Conservation Practices", or other acceptable calculation procedures, and all design and calculations shall be prepared and signed by a professional engineer licensed by the State of Louisiana. Runoff computations shall be based on rainfall data published for the area by the National Weather Service.

E.

Standards for Stormwater Management . Stormwater management activities shall be in accordance with the following standards:

1.

Drainage System: The developer shall connect to an existing stormwater drainage facility when the facility, in the opinion of the City, is reasonably accessible, even if the existing facility is off-site. The developer shall do all grading and provide all structures necessary to connect properly to the existing stormwater drainage facility. If off-site improvements are required to discharge stormwater to an adequate outfall, the developer shall obtain easement(s) from the affected property owner to perform such improvements. The easement shall be signed and recorded prior to approval of stormwater management plan.

2.

Allowable Runoff: After development of a site, the calculated peak rate of stormwater runoff from the design event shall be no greater than the pre-development peak rate of stormwater runoff.

F.

Detention and Retention Facilities .

1.

Retention and detention facilities may be used to retain and/or detain the increased and accelerated runoff that the development generates. Water shall be released from detention ponds into a stormwater drainage facility.

2.

The banks of detention and retention facilities shall be sloped, and shall not exceed four feet (4') horizontally and one-foot (1') vertically.

3.

Access for maintenance shall be provided to detention and retention facilities.

G.

Standards for Development Activity . No development activity subject to this code shall be undertaken except in accordance with the following standards:

1.

Alteration of Watercourses: Natural watercourses shall not be dredged, cleared of vegetation, deepened, widened, straightened, stabilized, or otherwise altered except with approval of the City Engineer.

2.

Wetlands Protection: Wetlands and other water bodies shall not be used as sediment traps during development.

3.

Artificial Watercourses: Any artificial watercourse (where the need is demonstrated) shall be designed considering soil type so that the velocity of flow is low enough to prevent accelerated erosion.

4.

Grassed Swales: Stormwater within the site shall be accommodated by the natural drainage way whenever possible. The use of grassed drainage ways to channel stormwater shall be encouraged. The maximum velocity of travel in grassed swales shall range between two and four feet (2'-4') per second.

H.

Permanent Downstream Protection of Stream Banks and Channels.

1.

The developer shall provide permanent protection of off-site stream banks and channels from the erosive effects of increased velocity and/or volume of stormwater runoff resulting from the development.

2.

Stream banks and channels downstream from any development shall be protected from increased erosion caused by increased velocity and/or volume of runoff from a development.

I.

Alternate Management Measures . Alternate management measures, applied alone or in combination with standard management measures, to satisfy the intent of this article are acceptable if there are no objectionable secondary consequences and provided they conform to standard and acceptable engineering principles, and they comply with other existing City development standards. Innovative techniques and ideas will be considered and may be used when shown to have potential to produce successful results. Examples of alternative management measures might include:

1.

Avoiding increases in stormwater runoff volume and velocity by including measures to promote infiltration.

2.

Avoiding increases in stormwater velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections.

3.

Providing energy dissipaters at outlets of storm drainage facilities to reduce flow velocities at the point of discharge; these may range from simple rip-rapped sections to complex structures.