A.

General.

1.

No use is permitted unless it is listed in this article 3. A use is prohibited if it is not specifically mentioned or described by category in the use matrix (section 3.1.B) or in section 3.2, supplementary use regulations.

2.

The "use standard" column on the table is a cross-reference to specific standards in section 3.2 for the particular use.

B.

Use matrix. Key: P = Permitted; SE = Special Exception; A = Accessory Use; Blank = Not Permitted

(Ord. No. 1-2016, § 4-13-2016)

A.

General.

1.

This section provides:

a.

More detailed lists of uses included within the more generalized uses listed in the use matrix in section 3.1; and,

b.

Supplemental regulations for certain uses and structures. The supplemental regulations address the unique development impacts of certain uses and structures.

2.

These standards are in addition to the requirements established by other sections of this ordinance.

B.

Residential uses.

1.

Upper-story dwellings.

a.

Upper-story dwellings are apartments on the second or higher floor of a building that has commercial use on the lower floor(s).

b.

The minimum floor area for each apartment shall be 800 square feet.

c.

Upper-story dwellings shall adhere to all dimensional standards of the permitted nonresidential use.

2.

Group homes.

a.

No group home shall be located within 1,000 feet of any other group home. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the premise where the group home is located, to the nearest property line of the premises of any other group home.

b.

Group homes must be licensed by the State of Louisiana and are subject to all local and federal regulations.

c.

When located in a residential neighborhood, the design of the home must retain a residential character compatible with the surrounding neighborhood in scale and appearance.

d.

Group homes are divided into the following sizes for purposes of determining in which zoning districts they are permitted:

i.

Small group homes: Up to six residents plus resident or nonresident staff.

ii.

Large group homes: Seven or more residents plus resident or nonresident staff.

C.

Public and institutional uses.

1.

Schools, public or private, kindergarten through 12th grade.

a.

Safe, off-street drop-off and pick-up areas shall be provided.

b.

Outdoor play areas, athletic fields and parking areas shall be separated from adjoining properties by a landscaped buffer type B (section 7.3.E.).

2.

Day care center for children, preschool, before- and after-school care.

a.

Safe, off-street drop-off and pick-up areas shall be provided.

b.

Outdoor play areas shall be fenced and separated from adjoining properties by a landscaped buffer type B (section 7.3.E).

3.

Adult day programs. Includes medical day care, psychiatric rehabilitation programs and day programs for adults with developmental disabilities.

4.

Government uses.

a.

Includes government offices, libraries, community centers, post offices, courts and similar uses operated by federal, state, parish or city government.

b.

In the R-1, R-2, R-3 and R-4 zoning districts, structures, parking areas, and loading areas shall be setback at least 30 feet from adjoining residential properties.

c.

A type B buffer (section 7.3.E) shall be provided between the use and adjoining residentially-zoned properties.

5.

Places of worship, including church, mosque, synagogue, temple: In the R-1, R-2 and R-3 zoning districts:

a.

New structures shall be setback at least 30 feet from adjoining residential properties. A lesser setback shall be permitted for use of an existing structure as a place of worship.

b.

A type B buffer (section 7.3.E) shall be provided between parking areas and adjoining residentially zoned properties.

D.

Commercial uses.

1.

Restaurant, take-out: These are establishments offering prepared food for consumption off-premises, and may also have seats for on-premises consumption. Uses include pizza delivery businesses, snowball stands, ice cream shops.

2.

Medical or dental services: Includes medical or dental practitioners and clinics, chiropractor, medical clinic, ambulatory surgical center, and similar uses.

3.

Banks and financial services:

a.

Includes banks, lender, investment or brokerage house, bail bonds and similar services.

b.

In the DMU district, any drive-through window or drive-through ATM shall be located to the side or rear of the building, not between the building and the primary road frontage.

4.

Indoor recreation, general: Includes children's amusement centers, game arcades, billiard halls, pool halls, bingo parlors, bowling alleys, dance halls, indoor shooting ranges, skating rinks and similar indoor uses.

5.

Golf course, golf club: Accessory uses may include a clubhouse, restaurant or snackbar.

6.

Outdoor recreation, general:

a.

Includes miniature golf, golf driving or batting ranges, go-cart tracks and similar uses.

b.

All uses shall be at least 100 feet from a residential zoning district.

c.

Lighting shall be directed and shielded so that it does not result in glare on neighboring properties or roads, or illumination of residential properties.

7.

Tennis club, swimming pool and similar outdoor athletic facilities:

a.

Includes facilities on open space land owned and managed by a homeowners association.

b.

Also includes swim clubs and commercial facilities. For these uses that are not owned by a homeowners association, all parking areas, swimming pools, courts and structures shall be at least 50 feet from residentially zoned properties.

8.

Retail sales, general: Includes sale of alcoholic beverages, antiques, appliances, art supplies, baked goods, bicycles, cameras, carpet and floor coverings, convenience stores, crafts, clothing, computers, draperies, electronic equipment, fabric, florist, furniture, gifts or novelties, groceries, hardware, household products, jewelry, medical supplies, music, musical instruments, office supplies, pets, pet supplies, pharmaceuticals, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, second-hand goods, and similar uses.

9.

Home center, lumber yard: Includes sale of goods for home building or repairs; may include lumber, hardware, plumbing and electrical goods, lawn and garden supplies and other materials related to home repair.

10.

Animal boarding, kennels, pet day care:

a.

Outdoor runs or exercise areas for animals are permitted subject to the following minimum setbacks:

i.

From residential districts: One feet.

ii.

From adjacent properties not in a residential district: Thirty feet.

b.

Outdoor runs and exercise areas shall be screened from neighboring properties by a solid fence or dense landscaping.

11.

Animal hospital, veterinary clinic, pet grooming: Includes only uses with no outdoor runs or exercise areas for animals.

12.

Craft, artist and design services: Includes artist and handcraft studios, florist, interior design services, picture framing, photography studios, tailors and milliners, taxidermists, upholsterers, and similar uses.

13.

Personal services: Includes beautician, barber shop, tanning, optician, licensed therapeutic massage and similar uses.

14.

Repair and installation services: Includes service of appliances, bicycles, computers, electronics, firearms, jewelry, locksmith, musical instruments, office equipment, security systems, shoe repair and similar uses.

E.

Industrial uses.

1.

Salvage yards:

a.

Shall be surrounded by a solid fence at least eight feet high to screen the use from the public street or neighboring properties.

b.

Piles of material shall be limited to a height of eight feet.

2.

Building trade contractor: Includes office, parking and storage for contractors offering carpentry, electrical, flooring, home improvement, painting, plumbing, roofing and similar uses. Does not include heavy equipment storage.

3.

Construction contractor: Includes office, parking and storage for contractors who provide services in construction, excavation, paving, road construction, utility construction, well drilling and similar uses. May include heavy equipment storage.

4.

Property maintenance services: Includes office, parking and storage for businesses offering maintenance and custodial services. Typical uses include carpet cleaning services, janitorial services, landscape maintenance, pest control, septic tank services and window cleaning services

5.

Light manufacturing: Includes the following uses:

a.

Food products processing and manufacture; includes canning, processing, bakeries, candy, bottling, dairy products, non-alcoholic beverage formulation and bottling.

b.

Breweries, wineries.

c.

Dry cleaning plants.

d.

Tobacco processing and products manufacturing.

e.

Textile manufacturing: Textile mills and apparel manufacture.

f.

Leather and allied products manufacture (previously prepared material), leather substitute product fabrication.

g.

Plastic products manufacture (previously prepared material).

h.

Printed products: printing, bookbinding, data imaging, sign manufacture, photo processing.

i.

Furniture and related products manufacture: includes furniture, mattresses, blinds, fixtures.

j.

Electrical equipment, appliance and component manufacture.

k.

Pharmaceuticals and cosmetics manufacturing.

l.

Sheet metal products and fabricated metal products manufacturing.

m.

Paint mixing and treatment (not employing a boiling process).

n.

Wood products manufacture: Assembling and finishing.

6.

Heavy manufacturing: Includes the following uses:

a.

Distilleries.

b.

Paper manufacture, pulp mills.

c.

Petroleum bulk terminal.

d.

Petroleum and coal products: Manufacture of products by transforming crude petroleum and coal into usable products.

e.

Chemical, plastics and rubber products: Manufacture of products by chemical processes.

f.

Mineral products (non-metallic): Manufacture of bricks, ceramics, glass, cement, stone cutting or crushing. Concrete and asphalt batching, asphalt recycling.

g.

Primary metal manufacture: Processes include smelting, refining, recovery of metal.

h.

Meat processing, slaughterhouses.

i.

Machinery and equipment manufacture; processes include forging, stamping, bending, forming, machining, welding and assembling.

j.

Motor vehicle manufacture.

k.

Tanning.

l.

Tire retreading, recapping or rebuilding.

m.

Wood products manufacture: Lumber, plywood, veneers, flooring, trusses, prefabricated buildings and similar uses.

n.

Metal recycling; motor vehicle recycling.

F.

Transportation, communication, and utilities.

1.

Communication towers. A communications tower and/or antenna may be permitted upon determination that all of the applicable conditions in this ordinance are met.

a.

Height and approval process:

i.

Height is the distance from the base of the tower to the top of the structure.

ii.

Residential (R-1, R-2, R-3, R-4, R-5, R-6, R-7), and C-1 districts: A freestanding tower with height not exceeding 100 feet is a permitted use subject to the conditions in this section; a tower with height exceeding 100 feet requires special exception approval.

iii.

C-2, L-1: Freestanding or guyed tower with height not exceeding 180 feet is a permitted use subject to the conditions in this section; height exceeding 180 feet requires special exception approval.

iv.

L-2, and L-3: Freestanding or guyed tower with height not exceeding 360 feet is a permitted use subject to the conditions in this section; a tower with height exceeding 360 feet requires special exception approval.

b.

Application requirements. The applicant for a communications tower, whether a permitted use or a special exception, or the applicant for placement of a commercial telecommunication antenna on an existing structure other than a tower previously permitted must file an application accompanied by a fee of $200.00 and the following documents, if applicable:

i.

One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material.

ii.

A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property.

iii.

A current map on file, showing locations of applicant's antennae, facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the city.

iv.

A report from a structural engineer showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222, latest revision, standards.

v.

Identification of the owners of all antennae and equipment to be located on the site.

vi.

Written authorization or a copy of the lease from the site owner for the application.

vii.

A written agreement to remove the tower and/or antenna within 180 days after cessation of use.

viii.

Additional information as required to determine that all applicable zoning regulations are met.

c.

The application package will be reviewed in accordance with the procedures for site plan approval (if the tower is a permitted use) or for special exception approval, as applicable.

d.

The applicant must show that the following conditions are met:

e.

Public lands. The City of Port Allen shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein.

f.

Co-location. Applicant must show that a proposed antenna and equipment cannot function as required by co-location on an existing tower or by installation of a new tower on public property by showing all of the following:

i.

Co-location would require unreasonable modifications to existing structures or towers within applicants search radius;

ii.

Available publicly owned sites do not meet applicant's needs;

iii.

Existing towers within applicant's search radius, although structurally suitable for co-location, are not technically compatible with the applicants proposed use; and

iv.

A co-location agreement could not be obtained by the applicant for a suitable tower within the applicants search radius.

g.

Applicants for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a nonresidential district for valid technical reasons. Towers located in residential districts must comply with the additional following items.

h.

The site meets the minimum lot size for the district, or 5,000 square feet, whichever is greater. The lot must be large enough to contain on-site any debris from tower failure. Associated buildings must be set back and not used for long term vehicle storage, other storage or as an office.

i.

The tower must be set back from all lot lines distances equal to the district setback requirements or 25 percent of the tower height, whichever is greater. The tower shall be set back a minimum distance equal to one-half the height of the tower from property designated historic or architecturally significant.

j.

Any buildings accessory to the tower shall comply with the district setback requirements, and shall be no closer to the street than either adjacent residential structures on either adjoining sides.

k.

Existing on-site vegetation shall be preserved to the maximum extent practicable. All towers shall be landscaped with at least one row of evergreen shrubs or trees or shrubs within 20 feet of the tower's base. Such trees shall be a minimum of four feet high when planted and spaced not more than 15 feet apart. These trees and shrubs shall be planted in any configuration which will serve to better buffer the site.

l.

Walls or fences constructed of wood, brick, or masonry shall be used to secure the site and provide an opaque barrier. Such wall or fences may be used in combination with landscaping to provide security or increase the buffer to other land uses. Other types of fences shall be allowed only if used in conjunction with evergreen shrubs or hedges when upon maturity are equal to or greater than the height of the fence for the purposes of providing an opaque barrier. In no case will barbed wire or razor wire fencing be permitted in residential districts.

m.

Applicant must show that a new tower is designed to accommodate additional antennae equal in number to applicant's present and future requirements.

n.

Applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.

o.

A communications tower must not be painted or illuminated unless approved by the city, and if required, in accordance with state or federal regulations. The city may require towers to be painted. The cellular transmission tower shall be constructed of a material with a neutral color and shall be designed to blend in with the surrounding landscape and uses. When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, it shall be orientated inward so as not to project onto surrounding residential property.

p.

A permit for a proposed tower site within 1,000 feet of an existing tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained.

q.

Applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the City of Port Allen a written indemnification of the municipality and proof of liability insurance or financial ability to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in form approved by the municipal attorney.

r.

Land development regulations for screening, landscaping, parking, access, lot size, exterior illumination, signs, and all other general zoning district regulations except setback and height, shall apply unless specifically waived by the city. Setback and height conditions in this section apply.

s.

Applicant must show that all safety issues are addressed regarding fencing. The proposed type, height, the grounding of the facility fences, certification of ground testing to insure that the site is properly grounded and any other safety issue and related certification or methodology must be provided.

t.

Abandonment: If use of a communication tower is discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the city, which shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner or operator of the tower shall have an additional 180 days to: (1) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (2) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, the special exception approval for the tower shall expire.

u.

Additional conditions may be established by the city to remove danger to health and safety and to protect adjacent property.

v.

The Telecommunications Act of 1996 requires that a denial of a permit be supported by substantial evidence.

2.

Facilities for provision of electricity, telephone service, water or sewer service, internet or cable service.

a.

Includes transmission lines, substations, switching stations, exchanges, water towers, pumping stations, water and sewer treatment facilities and other uses related to the provision of utilities.

b.

All uses shall be securely fenced and screened from roads and adjacent properties by a solid fence, landscaping, or both.

c.

New transmission lines shall be placed underground whenever feasible.

G.

Accessory uses.

1.

Accessory uses, general.

a.

Where a principal use or structure is permitted, uses and structures accessory to the principal use are also permitted.

b.

Accessory buildings or uses shall not be constructed or established on a lot until construction of the principal structure is completed or the principal use is established. An accessory building or use shall not be established on a vacant lot.

2.

Garage apartment. In the R-2, R-3 and R-4 district, there may be on each lot one garage apartment for not more than one family; provided that:

a.

The lot contains at least 10,000 square feet; and

b.

The garage apartment is set back at least 60 feet from all street lines and five feet from all side and rear lot lines.

3.

Home occupations. Home occupations are permitted as accessory uses to all residential uses, subject to the following:

a.

Only one non-illuminated sign no larger than one square foot in any area shall be used;

b.

Nothing shall be done to make the building appear in any way as anything but a dwelling; and

c.

No one shall be employed from outside the resident family.

4.

Swimming pools.

a.

Swimming pools may be accessory to a single-family detached dwelling or to multiple dwellings in a condominium form of ownership, subject to the following:

b.

The pool shall be completely surrounded by a fence or wall not less than four feet in height, with openings no larger than four inches in any dimension except for doors or gates; a dwelling or accessory building may be used as part of the enclosure.

c.

All gates into the enclosure shall be equipped with a self-closing and self-latching device capable of keeping the door or gate securely closed at all times when not in actual use.

d.

Swimming pools shall comply with the minimum required setback for the principal structure.

5.

Caretaker dwellings. One caretaker dwelling is permitted on an industrial property provided that the dwelling is occupied only by an employee of the business on the same property.

6.

Retail sales in I-1, I-2 and I-3. Retail sales of items manufactured on or stored and distributed from the premises are permitted; the retail sales area shall occupy no more than ten percent of the gross floor area of the related industrial use.

7.

Barbed wire, electric or temporary fences.

a.

Barbed wire fences shall only be permitted around uses in industrial zoning districts where needed for protection of the property or for safety. The barbed wire shall be at least six feet above the ground, located entirely within the property, and comply with the minimum setbacks from residential zoning districts and public street rights-of-way applicable to outdoor storage areas (see section 2.5.F).

b.

Electric fences shall not be permitted within the city. An electric fence is any fence designed to carry an electric current derived from any source.

c.

Temporary fences shall be permitted only where necessary in conjunction with an active construction project and shall be removed upon completion of the construction. For purposes of this section a "temporary" fence is defined as any fence which is not designed to be permanent and is not primarily made of a wood, iron, steel, a masonry product of which a component is cement, and/or prefabricated fencing components.

(Ord. No. 1-2016, § 4-13-2016)