The height limitations of this ordinance shall not apply to:

(1)

Belfries.

(2)

Chimneys.

(3)

Church spires.

(4)

Conveyors.

(5)

Cooling towers.

(6)

Cupolas.

(7)

Derricks.

(8)

Fire towers.

(9)

Flag poles.

(10)

Monuments.

(11)

Observation towers.

(12)

Radio and television towers, antennas, aerials.

(13)

Smoke stacks.

(14)

Tanks.

(15)

Transmission towers.

(16)

Water towers.

(1)

More than one main institutional, public, semipublic, commercial, or industrial building may be located upon a lot or tract, providing that no such building or portion thereof is located outside the buildable area of the lot.

(2)

Every part of a required yard shall be open to the sky, except where accessory buildings are permitted in a rear or side yard and except for the ordinary projection of sills, belt courses, cornices, and ornamental features projecting not more than eighteen (18) inches; however, a roof, gutter, or eave may project to the extent of four (4) feet into a required side yard if a minimum distance of three (3) feet remains open to the sky.

(3)

A canopy attached to a building with no other support may project into a required side yard provided that this projection is at least three (3) feet away from the nearest side lot line. Also canopies may be located in required front or side yards adjacent to streets on lots occupied by churches, schools, hospitals, clinics, funeral parlors, hotels, public buildings and institutions of a philanthropic, educational, religious, or eleemosynary nature. Such canopies may be supported by other means than the building.

A porte-cochere, or carport may also project into a required side yard, provided that every part of the projection is unenclosed, at least three (3) feet from the nearest side lot line, with a maximum length of twenty-five (25) feet and a height of thirteen (13) feet.

(4)

An open, unenclosed, uncovered porch or terrace not exceeding the ground elevation by more than six (6) inches, may project into a required front yard a distance not more than ten (10) feet but in no case more than half the distance from the required building line to the front property line. This shall not be interpreted to include or permit fixed marquees or canopies except where otherwise provided herein.

(5)

Where less than fifty (50) percent of a building's total floor area is designed or intended for a residential use or for an accessory residential use in commercial or industrial district, no yards shall be required, except such yards as may be required for commercial or industrial buildings in the district in which the building is located.

(6)

For the purpose of providing yards for an electric substation, a gas pressure regulating and metering station for public utility purposes, or for structures such as row apartment houses, and tourist court cabins, such structures shall be considered as one building occupying one lot.

(1)

Fences may be erected along the boundaries of a lot or yard area; however, such fences may not exceed eight (8) feet in height with fences constructed in front yard areas not exceeding four (4) feet in height. No barbed wire or other hazardous material shall be used in fence construction, except as hereinafter provided.

Provided further, where wire, metal, or mesh type fences are constructed for placed, barbed wire can be placed on the top of said fence provided no barbed wire or strand of barbed wire shall be placed on the fence less than a height of six (6) feet from the ground at the point where the fence is constructed.

(2)

Existing railroads may continue to be operated and maintained in residential, commercial and industrial districts, but no new railroad lines or accessory structures may be erected in these districts, except when so authorized by the governing body.

(3)

Public utilities, including electric substations, sewer and water pumping stations, drainage pumping stations, water towers, and buildings and structures of a similar nature may be located in any district when authorized by the governing body, provided that such uses be placed and operated to cause the least inconvenience to owners or tenants of adjoining lots and not to cause serious annoyance or injury to occupants of adjoining or nearby premises by reason of emission of odors, fumes, gases, dust, smoke, noise, vibrations, light, glare or any other nuisance.

(4)

Temporary buildings, used in connection with construction work only, may be located in any district during the period of construction, but such temporary buildings shall be removed upon completion of such construction work.

(5)

The following uses may be located in any district when approved by the governing body and subject to such safeguards as that body may establish:

(1)

Cemeteries.

(2)

Dial telephone substations.

(3)

Fire stations.

(4)

Police stations.

(5)

Transit terminals.

(6)

Agricultural uses of land and/or buildings on tracts of ten (10) acres or more shall be excluded from the provisions of this ordinance [section].

(Ord. No. 588, § 1, 8-4-1970; Ord. No. 1576-2020, § I, 9-15-2020)

(1)

Except on corner lots, any accessory building that is not a part of the main building may be built in a required side yard, providing such accessory building is not less than sixty (60) feet from the front lot line nor less than three (3) feet from the nearest interior side lot line.

On corner lots, accessory buildings are not permitted in required side yards on the side street side or within any portion of the rear yard area which lies between the side street and the prolongation of the required side yard line into the rear yard area.

(2)

Accessory buildings not exceeding one story or fourteen (14) feet in height may be built in required rear yards, provided that in any case where accessory buildings are built on rear lot or side lot lines, such accessory buildings shall not be located less than three (3) feet from either side or rear lot line.

(3)

The combined gross area of all accessory buildings or portions thereof, located in required side and rear yards shall not exceed thirty (30) percent of the required rear yard area, nor shall more than one accessory building cover any part of the required side yard.

(1)

Purpose and intent. It is the purpose of this ordinance [article] to regulate tattoo businesses and body-piercing businesses to promote the health, safety and general welfare of the citizens of the city, and to establish reasonable and uniform regulations for tattoo businesses and body-piercing businesses operated within the city. The provisions of this chapter [article] have neither the purpose nor the affect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent nor affect of this section to restrict or deny access by adults to communicative materials protected by the First Amendment.

(2)

Tattoo businesses. Tattoo businesses include any commercial establishment which places markings on the skin of any person with indelible pigments, regardless of the name or description of the establishment or the number of tattoos performed within any given period of time.

(3)

Body-piercing businesses. Body-piercing businesses include any commercial establishment which pierces the body of any person in any area other than the ear.

(4)

[Limitation on where allowed.] Tattoo businesses and body-piercing businesses will be allowed only in a district zoned C-2, where they may be allowed as a conditional use subject to the following:

(a)

No tattoo businesses or body-piercing businesses may be operated within six hundred sixty (660) feet of:

i.

A church;

ii.

A public or private elementary, middle, secondary, or post-secondary school, preschool or child care facility;

iii.

Any boundaries of any residential district;

iv.

A public park, bowling alley, skating ring, or other public recreation areas;

v.

A hospital;

vi.

Properties listed on the National Register of Historical Places or local historic districts as identified by the State of Louisiana;

vii.

All boundaries of the central business district;

viii.

Any single-family or multi-family residential use; and

ix.

Another tattoo business or body-piercing business.

(b)

Measurements. All measurements made in accordance with this section [article] shall be made in a straight line, without regard to intervening structures or objects from the nearest property line of the tattoo business or body-piercing business to the nearest property line or boundary of the items listed in subsection (a) above.

(5)

Penalties.

(a)

Any person operating or causing to be operated any tattoo business or body-piercing business, in violation of any part of this ordinance [section] is punishable, upon conviction, by a fine not to exceed five hundred dollars ($500.00).

(b)

If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed two hundred dollars ($250.00) for each day that the same is unlawfully continued.

(c)

A person who operates or causes to be operated a tattoo business or body-piercing business in violation of this ordinance [article] will be subject to a suit for injunction as well as prosecution for criminal violations.

(6)

Subsequent location of certain other uses. A lawfully operating tattoo business or body-piercing business, shall not be rendered illegal by the subsequent location of any of the items listed in section [article] (4)(a) above. This provision does not eliminate the police power of the City of Pineville and its ability to make zoning ordinance changes in the future.

(7)

Emergency clause. The city council finds that regulation of tattoo businesses or body-piercing businesses is of extreme importance to the health, safety and welfare of the citizens of Pineville, Louisiana, and for this reason, an emergency exists, and this ordinance [section] being necessary for the preservation of health, safety and welfare of the citizens of Pineville, Louisiana, shall be in full force and effect from and after its passage.

(Ord. No. 1233-99, § 1, 12-14-1999)

(1)

Purpose and intent. It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city, and to establish reasonable and uniform regulations for sexually oriented businesses within the city. The provisions of this article have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent nor the effect of this article to restrict or deny access by adults to communicative materials protected by the First Amendment.

(2)

Definitions.

(a)

Adult arcade. 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, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas, as defined herein.

(b)

Adult bookstore or adult video store. A commercial establishment in which a substantial portion of its stock in trade consists of books, videos, tapes, cassettes, photographs, slides, magazines, and other periodicals which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.

(c)

Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment which features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.

(d)

Adult retail store. A business where a substantial portion of the stock in trade consists of items or products other than printed matter which are characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.

(e)

Adult theater. Any theater, concert hall, auditorium, or similar establishment with a capacity of more than five (5) persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined herein, or features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas, as defined herein.

(f)

Escort. A person who, for consideration, agrees or offers to act as a companion, or date for another person, and/or who, for consideration, agrees or offers to privately model lingerie or perform a striptease for another person.

(g)

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

(h)

Nude model studio. Any place where a person who appears in a state of nudity or displays specified anatomical areas, as defined herein, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

(i)

Nudity or state of nudity. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

(j)

Seminudity. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

(k)

Sexual encounter center. A commercial establishment which, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a statute of nudity or seminudity.

(l)

Sexually oriented business. Any adult arcade, adult bookstore or adult video store, adult cabaret, adult retail store, adult theater, escort, escort agency, nude model studio, or sexual encounter center.

(m)

Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic region, buttock, human genitals in a discernibly erect state, even if completely or opaquely covered, or any combination of the aforementioned.

(n)

Specified sexual activities. Depiction of male genitals in a state of sexual arousal, female genitals; acts of masturbation, sexual intercourse, oral copulation, sodomy, bestiality; touching of human genitals, pubic region, buttock, anus; or any combination of the aforementioned.

(3)

Location requirements.

(a)

No sexually oriented business shall be operated within fifteen hundred (1,500) feet of:

a.

A public park or public library;

b.

A nonprofit educational museum;

c.

A church or synagogue;

d.

A public or private elementary or secondary school;

e.

A day care center or kindergarten;

f.

Another sexually oriented business;

g.

A structure that contains another sexually oriented business.

(b)

No sexually oriented business shall be operated within fifteen hundred (1,500) feet of a residential zoning district.

(c)

Sexually oriented businesses shall be allowed only in the C-2 commercial district.

(4)

Measurement.

(a)

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where a sexually oriented business is located or conducted to the nearest property line of the premises of a church, public park, public or private elementary or secondary school, day care or kindergarten, residential district, or building site dedicated or devoted to a residential use.

(b)

Measurement between any two (2) sexually oriented businesses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one establishment to the exterior wall of the other establishment.

(5)

Penalties.

(a)

Any person operating or causing to be operated any sexually oriented business, in violation of any part of this article, is punishable upon conviction by a fine not to exceed five hundred dollars ($500.00).

(b)

If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed two hundred fifty dollars ($250.00) for each day that the same is unlawfully continued.

(c)

A person who operates or causes to be operated a sexually oriented business in violation of this article will be subject to a suit for injunction as well as prosecution for criminal violations.

(6)

Issuance of certificate of occupancy. Prior to issuance of a certificate of occupancy, the owner or applicant shall be required to sign a written statement verifying that a sexually oriented business is being operated as defined by this article.

(Ord. No. 1262-2001, § II, 4-10-2001)