1.

All provisions, terms, phrases and expressions contained in this chapter shall be construed according to the purposes set out in section 1.1.

2.

In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure or illustration, the text shall control.

3.

Unless otherwise specifically indicated, lists of items or examples that use terms such as "including," "such as" or similar language are intended to provide examples; not intended to be exhaustive lists of all possibilities.

4.

All public officials, bodies and agencies to which references are made are those of the City of Port Allen, unless otherwise expressly provided.

5.

The words "shall," "will" and "must" are mandatory. The words "may" and "should" are advisory and discretionary terms.

6.

Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

7.

"And" indicates that all connected items, conditions, provisions or events apply; and "or" indicates that one or more of the connected items, conditions, provisions or events may apply.

8.

Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.

9.

Where graphics or illustrations included in this chapter conflict with the text of the regulations, the text shall control. Otherwise, compliance with graphics and illustrations is required.

(Ord. No. 1-2016, § 1, 4-13-2016)

A.

Common meaning. Words used in this zoning ordinance shall be understood to have their commonly accepted meaning unless specifically defined below.

B.

Definitions.

Abut or abutting: Having property lines in common.

Accessory use: A subordinate use or building customarily incidental to and located on the same lot with the main use or building. Accessory uses for residences may include:

(1)

Home occupations.

(2)

A garage or parking space for not more than four motor vehicles; provided, that, except on a farm, storage of only one commercial automobile shall be permitted.

(3)

The sale of produce raised only on the premises.

Administrator: The chief administrative officer of the City of Port Allen.

Alley: See "street."

Antenna: a device, dish, or array used to transmit or receive telecommunications signals. Telecommunications, as defined in the Federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Appurtenance: Any accessory or ancillary building, object, or structure, including fences, street furniture, lighting fixtures, vending machines, bicycle racks and other objects.

Assisted living facility: A residential facility offering assistance with daily living activities such as medication, administration, dressing, bathing, and social activities.

Bed and breakfast inn: Overnight lodging limited to no more than ten guest rooms and offering meals to overnight guests in a common dining room.

Berm: A mound of earth, intentionally formed and planted as part of a landscaped area.

Block: A tract of land bounded by dedicated streets which has been subdivided for building development.

Buffer yard: A landscaped area to separate and partially obstruct the view of two adjacent land uses or properties from one another.

Build: To erect, enlarge, reconstruct or structurally alter a building or structure.

Building: A structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property.

Building elevation: The view of any building or other structure from any one of four sides showing features, such as construction materials, design, height, dimensions, windows, doors, other architectural features, and the relationship of grade to floor level.

Caliper: The diameter of a tree, measured at a point six inches above the ground line if the resulting measurement is no more than four inches. If the resulting measurement is more than four inches, the measurement is made at a point 12 inches above the ground line. Multi-stem trees must be specified by height, not caliper.

Carport: A canopy or shed open on less than four sides and attached to the main building for the purpose of providing shelter for one or more motor vehicles.

Certificate of occupancy: A certificate indicating that the premises comply with all the provisions of the building code, the zoning ordinance and the approved development plans for the property. The certificate of occupancy is issued after approval of a development and construction has been completed pursuant to the development approval.

City council: The city council of the City of Port Allen.

Clearing: Includes, but is not limited to, the removal of trees, shrubs, groundcover and/or topsoil from any part of the land, but does not include maintenance mowing or trimming.

Communications tower: A tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building. The communications tower facility includes the tower, antenna, relay equipment, perimeter fences and any other equipment or buildings necessary for the operation of wireless reception and transmission.

Congregate care housing: A residential facility with apartments for independent living as well as common areas such as lobbies, activity rooms and dining rooms, and offering at least one meal per day in a common dining room.

Construction: The act of adding an addition to an existing building or structure; the erection of a new principal or accessory building or structure on a lot or property; the addition of walks, driveways, or parking lots; or the addition of appurtenances to a building or structure.

Continuing care retirement community: A campus consisting of independent living units, assisted living, and a facility offering skilled nursing care.

Corner lot: A lot situated at the intersection of two public streets.

Day care center: A business, service, home or facility where more than six children (other than and not counting the proprietor's) are cared for and income is received for such purposes.

Day care, home: A business or service where six or fewer children (other than and not counting the proprietor's) are cared for in the residence of the caregiver.

DBH (diameter at breast height): The method used to measure caliper by the timber industry, which is taken approximately four and one-half feet high on the trunk of a tree above the ground line.

Density, maximum: The maximum number of dwelling units that may be constructed as provided in the zoning ordinance, stated as dwelling units per gross acre.

Developed site: Premises that contain existing structures or buildings for which a building permit is required.

Development: Any manmade change in improved and unimproved real estate, including, but not limited to, construction or installation of structures, mining, dredging, filling, grading, paving, berming, excavation, drilling operations, or storage of equipment or materials.

Development project: A public or private sector venture involving the development, structural modification, or redevelopment of commercial, industrial, residential or other properties.

Drip line: A vertical line extending from the outermost portion of the tree canopy to the ground.

Dwelling: A building used entirely for residential purposes. This term shall not be construed to include trailers.

Dwelling, apartment: A building type containing three or more dwelling units in a single, multi-story structure, in which the dwelling units are single level, situated over and/or under other dwelling units, and share a common entrance to the outside with at least one other unit.

Dwelling, multifamily: This term includes single-family attached and apartment dwellings.

Dwelling, multiplex: A building that resembles a large, single-family detached dwelling, but is divided internally into three or four units. The dwelling units are separated by party walls, but are not arranged in line and the party walls are not parallel to each other. The dwellings may have a shared or separate exterior entrance.

Dwelling, single-family attached: A dwelling unit located in a building comprised of at least three dwelling units, having party walls in common with at least one adjacent dwelling unit, and generally having its own independent outside access. This dwelling type includes townhouses, rowhouses, multiplexes and other forms of attached dwellings.

Dwelling, single-family detached: A building containing one principal dwelling unit located on a single lot with private yards on all four sides.

Dwelling, townhouse: A dwelling unit in a row of at least three attached units in which each unit has its own access to the outside and each unit is separated from any other unit by one or more fire resistant walls. The term includes stacked townhouses in which dwellings are stacked vertically in addition to being connected in a row.

Dwelling, two-family: A building which contains two dwelling units. This includes both of the following forms:

1.

Semi-detached housing: Two attached dwelling units located on abutting lots, separated by one vertical party wall without openings extending from the basement floor to roof along the dividing lot line, with each unit having its own exterior entrance.

2.

Other two-family dwellings: Any building containing two principal dwelling units, each with its own external entrance, located on a single lot with yards on all four sides. Units can be located on separate floors, side-to-side, or back-to-back.

Dwelling unit: One or more rooms providing complete living facilities for an individual or family, including one kitchen with equipment for cooking, and including rooms for living, sleeping, bathing, and eating.

Dwelling, zero lot line: A building containing one principal dwelling unit located on a small single lot with one side of the building close to or abutting one side lot line, and private yards on three sides.

Façade: The exterior wall of a building exposed to view by persons not within the building.

Family (household): One or more persons occupying a single dwelling unit. No household shall contain more than six members not related by law, blood, adoption, marriage, or judicial order for foster care.

Fence: A barrier or structure erected to provide security, mark a boundary, to exclude view on to one's property, or as a means of landscaping.

Floor area: The sum of the gross floor space areas of all floors of a structure, including interior balconies and mezzanines, measured from the exterior face of exterior walls or from the centerline of a wall separating two structures. The floor area does not include porches, basements, garages or carports.

Frontage: That portion of a lot or parcel of land which adjoins a public road that provides vehicular access to the property.

Garage apartment: A living unit for not more than one family erected above a garage that is accessory to a single-family detached dwelling. However, for the purpose of this definition, similar construction above a garage used for any accessory purpose will be considered the equivalent of a garage apartment.

Gasoline service station: A place of business or premises, or portion thereof, used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and including, as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile accessories and retail items.

Gross acreage: The total acreage of a development.

Ground cover: Low growing plant material installed in such a manner as to provide a continuous cover of the ground surface that can be maintained at a height of not greater than 12 inches. For example: Asian jasmine or mondo grass.

Group home: A single dwelling unit that provides room and board and may include services and supervision in a family setting for people with a developmental disability or ("disability "as defined by the Federal Fair Housing Act and the Americans with Disabilities Act. The group home operates as a single housekeeping unit in which residents share responsibilities, meals and recreation.

Halfway house: A licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. A halfway house must be licensed by an agency of the State of Louisiana as a halfway house or similar facility and operated by an entity that is similarly licensed by the State of Louisiana.

Home occupation: The accessory use of a residential property by the residents of the dwelling for business purposes which are clearly incidental and secondary to the residential use.

Hotel or motel: Any building or portion thereof or group of buildings containing guest rooms in which, for compensation, lodging is offered to transient guests on a daily, weekly, or similar short-term basis.

Institution: An organization or corporation, especially of a public or charitable character, including, but not limited to, religious, educational, charitable, public service or cultural organizations.

Landscaping: Any combination of living plants such as trees, shrubs, vines, ground covers, flowers or lawns. It may include natural features such as rock, stone and bark or structural features, including, but not limited to, fountains, reflecting pools, art works, screen walls, fences and benches.

Landscape plan: A scaled plan that clearly delineates vehicular use areas and displays and describes all landscaping, to include methods of irrigation and maintenance, and all other features of landscape areas to comply with the provisions of this ordinance.

Loading space: Off-street space for use by trucks and delivery vehicles during delivery and pick-up operations.

Lot: A lot of record; an area of land in single ownership, to be used as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development.

Lot line, front: The property line or boundary that separates a lot from a road right-of-way. For corner lots, under normal lot geometry, the shortest lot dimension facing a street shall be designated the lot front. Where the lot length and width are approximately the same on corner lots, the administrator shall determine the front and side lot lines, and the required setbacks shall be followed for each respective zoning district.

Lot line, rear: The property line or lines generally opposite or parallel to the front lot line. For a through lot, the administrator shall determine the front and rear lot lines.

Lot line, side: Any property line other than a front lot line or a rear lot line. For corner lots, the interior side lot line is the side lot line not abutting a public street right-of-way.

Lot of record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the clerk of court of West Baton Rouge Parish; or a parcel of land which became legally established and defined by deed or act of sale in accordance with the laws and regulations in effect at the time the lot was created.

Lot width: The distance between side lot lines measured along a line parallel to the front lot line. The minimum lot width must be maintained from the front setback line to the rear setback line.

Manufactured home: A dwelling unit that is fabricated in an off-site manufacturing facility for installation or assembly at the building site, and that bears a label certifying that it complies with the standards of the National Manufactured Housing Construction and Safety Standards Act of 1974 as promulgated by the U.S. Department of Housing and Urban Development (HUD). Also known as mobile homes.

Material recovery facility: A facility that receives, sorts and processes recyclable materials prior to shipping the materials to a manufacturing plant. The material recovery facility includes sorting, compression, baling, storage and shipping of recycled paper, plastic and metal.

Mayor: The chief administrator of the City of Port Allen.

Median: The land in the center of the right-of-way, which is used to separate the directional flow of traffic, and may contain left turn pockets. A median is often locally referred to as a "neutral ground".

Mobile home: See manufactured home.

Nonconforming use: A use that was lawfully established or commenced but that does not conform to the use regulations of the zoning district in which it is located.

Nonconforming sign: A sign that was lawfully constructed or installed prior to the adoption or amendment of the City of Port Allen Sign Ordinance, but which does not presently comply with the applicable sign requirements of the zoning ordinance.

Nonconforming site: A lot, parcel, or development site that was lawfully established but that does not comply with parking, loading, landscaping or other site development standards of the zoning ordinance.

Nonconforming structure: A building or structure that was lawfully erected but that no longer complies with the regulations applicable to the zoning district in which the structure is located, such as setback or height requirements.

Nonconformity: Any nonconforming use, sign, lot, parcel, building, site, or structure.

Nursing home: A facility offering long-term room, board and 24-hour medical care under the supervision of a licensed health care practitioner. These facilities may also have a short-term rehabilitation unit for residents needing rehabilitation between hospital and home.

Open space: The portion of a lot or building site that is open to the sky and that may or may not contain landscaping, landscaping structures or outdoor recreational facilities.

Open space, common: A separate lot or area which provides for protection of the environment, for recreation, for biking and pedestrian pathways, and similar open space uses, and is owned and maintained by a public agency, homeowners association or similar organization for the benefit of the public.

Parking space: An off-street space available for the parking of one motor vehicle on a transient basis, conforming to the requirements of this ordinance, and having direct usable access to the street. This term shall not include a space used for display of a motor vehicle which is available for sale or rental or a space used for storage of an inoperative motor vehicle.

Person: Any natural person, corporation, partnership, joint venture, association, trust, or any other entity recognized by law.

Planned development: A development in the R-1, R-2, R-3, R-4 or R-5 district complying with section 2.2 of this ordinance.

Planning commission or commission: The officially constituted City of Port Allen Planning Commission appointed to carry out planning duties and responsibilities in accordance with the Louisiana Revised Statutes. The planning commission shall also serve as the city's zoning commission as provided by the Louisiana Revised Statutes Section 33.4726.

Plan reviewer: The individual responsible for reviewing site plans and subdivision plans and providing technical review comments to the planning commission and city council. This position may be an official of the City of Port Allen or of West Baton Rouge Parish, or may be an individual under contract to the City of Port Allen.

Plant material: Any plant including trees, vines, shrubs, ground covers and annuals or vegetation of any size, species or description.

Premises: Land together with any buildings or structures occupying it.

Private garage: An accessory building housing not more than four vehicles owned and used by occupants of the main building. A private garage does not need to be walled; a roofed but unwalled structure or "carport" is a private garage and is subject to the same regulations. Where more than four vehicles are housed or where the vehicles are used by persons other than occupants, it shall be classified as a public garage.

Residual areas: Excess space not used for structures, parking, walkways or other site amenities.

Right-of-way: Public easement or servitude or property owned by a subdivision of the state containing roadways, medians, berms, utilities, pipelines, drainage ditches and canals.

Servitude: A strip to be reserved for public utilities, drainage and other public purposes, the title to which shall remain in the possession of the property owner, subject to the right of use designated in the reservation of the servitude; or a strip of ground designated or intended to be used for access to building sites.

Setback: A required distance between a structure or use and a boundary such as a lot line, right-of-way line, or zoning district boundary. A setback is measured as the shortest horizontal distance between the boundary line and the nearest point of the use or structure.

Shrub: A woody perennial plant differing from a perennial herb by its persistent and woody stems, and from a tree by its low stature (generally obtaining a height less than eight feet and its habit of branching from the base). For the purposes of this ordinance, shrubs shall be defined as obtaining a minimum height of 36 inches at maturity. For example: Indian hawthorn or azalea.

Sidewalk: A paved walk for pedestrians.

Sign: Any object, devise, structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state, city, or any fraternal, religious, or civic organizations; works of art which in no way identify an object, person, institution, organization, business, product, service, event or location by any means; or scoreboards located on athletic fields.

Sign, externally illuminated: A sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of illumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing.

Sign, illuminated: A sign that is illuminated by electrical or other artificial devices.

Sign, internally illuminated: A sign whose light source is either located in the interior of the sign so that the rays go through the face of the sign, or which is attached to the face of the sign and is perceived as a design element of the sign.

Sign, off-premises: A sign that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. Such signs may or may not be of the pole sign variety.

Sign, on-premises: Any sign identifying or advertising a business, person, activity, goods, services, or products, located on the premises where the sign is installed and maintained.

Sign, portable: Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported.

Sign area: The entire face of a sign including the advertising surface and any framing, trim, or modeling, but not including the supporting structure.

Sign copy: Any word, letter, number or emblem affixed to the sign surface either permanently or in removable form.

Solid waste transfer station: A facility where waste materials are taken from smaller collection vehicles and placed in larger vehicles for movement to disposal areas.

Street: Property dedicated and accepted for primary public access to lots. "Alley" means a dedicated right-of-way not less than 20 feet in width to provide access to the back or side of properties otherwise abutting on a street.

Structure: Anything constructed, or a combination of materials that form a construction, requiring permanent location on the ground.

Trailer: Any vehicle or mobile home equipped for use as a dwelling and designed or capable of being towed along a highway.

Tree - Class A: Any self-supporting woody plant of a species that normally grows to an overall height of 50 feet or more, usually with one main stem or trunk, and many branches. Class A trees may be counted toward Class B tree requirements, however, Class B trees may not be counted toward Class A tree requirements.

Tree - Class B: Any self-supporting woody plant of a species that normally grows to an overall height of 25 feet or more, usually with one main stern or trunk, and many branches. It may have multiple sterns or trunks: for example, crape myrtle. Class A trees may be counted toward Class B tree requirements, however, Class B trees may not be counted toward Class A tree requirements.

Tree preservation: Any portion of a site containing existing trees that are proposed to be preserved in order to comply with the requirements of the comprehensive landscape ordinance.

Vegetation: Plant life, including, but not limited to, trees, shrubs, flowering and non-flowering plants.

Vehicular use area: All areas subject to vehicular traffic, including access ways, driveways, loading areas, service areas, and parking lots and stalls for all types of vehicles.

Yard: An open space on the same lot or tract as a building or group of buildings, unoccupied and unobstructed by a structure, lying between the buildings or structures or outer building of a group and the nearest lot line or street right-of-way. Yard width or depth is the shortest horizontal distance from a lot line to the main building.

Yard, front: The yard area extending across the full width of the lot, between the front public street right-of-way or front lot line and the nearest line of the structure or enclosed portion thereof.

Yard, rear: The yard area extending across the full width of the lot, between the rear lot line and the nearest line of the structure. The rear lot line is opposite the lot line from which the front setback is measured. For a lot with more than four sides, the rear setback is measured from all segments of the lot boundary that are opposite the front lot line.

Yard, side: The yard area between the side of the building and the side lot line and extending from the front yard to the rear yard.

Zoning: The dividing of a jurisdiction into districts and the establishment of regulations governing the use, placement, spacing, and size of lots and buildings.

Zoning district: A specifically delineated area in a jurisdiction within which regulations uniformly govern the use, placement, spacing, and size of lots and buildings.

Zoning maps, official: The maps adopted by the city council that delineate the boundaries of zoning districts.

Zoning ordinance or ordinance: The City of Port Allen Zoning Ordinance.

(Ord. No. 1-2016, § 1, 4-13-2016)