A.

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

B.

Nonconforming uses.

1.

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

2.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any town official charged with protecting the public safety, upon order of such official. Repairs and alterations that restore a building to the same condition that existed prior to damage or deterioration, altering the building only in conformity with the provisions of this ordinance in such a manner that does not extend or increase an existing nonconformity may be made with the same kind of materials as those of which the building is constructed.

3.

Normal maintenance and repair of nonconforming uses may be performed.

4.

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

5.

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

C.

Termination.

1.

Abandonment or discontinuance.

a.

Subject to subsection (2) below, where a nonconforming use is discontinued or abandoned for six (6) months or more, then such use may not be reestablished or resumed and any subsequent use must conform to the provisions of this ordinance, unless a variance is granted.

b.

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

2.

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

D.

Nonconforming structures.

1.

Normal maintenance and repair of nonconforming structures shall be performed.

2.

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

3.

Termination.

a.

Abandonment. Where a nonconforming structure is abandoned for one (1) year, then such structure shall be removed or converted to a conforming structure, unless a variance is granted.

b.

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

E.

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

F.

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

A.

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

B.

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

1.

Garage or yard sales.

a.

For purposes of this section, permanent is defined as: having a duration in excess of seventy-two (72) hours; having regularly scheduled hours of operation each day for more than three (3) days; or having regularly scheduled days of operation each week for more than two (2) weeks.

b.

No owner or occupant of property in the Town of St. Francisville shall conduct more than three (3) garage or yard sales within a twelve (12) month period.

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

A.

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

B.

Purpose. The regulations of this section are designed to protect and maintain the residential character of established neighborhoods while recognizing that particular professional and limited business activities are traditionally carried on in the home and are compatible with the long-term integrity of a residential neighborhood.

C.

Permitted home occupations.

1.

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

2.

Office facilities for salesman, sales representatives, and manufacturer's representatives when no 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 facilities provided that no more than nine (9) children are on the premises at any time.

D.

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

1.

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

2.

The home occupation shall be conducted entirely within the 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 (15) percent 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 two (2) employees 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 nonilluminated 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.

Purpose and intent. A bed and breakfast residence means a single-family, owner-occupied dwelling unit that provides from two (2) to nine (9) rooms for rental to temporary guests. Bed and breakfast residence provides for paying guests on an overnight basis for periods not to exceed fifteen (15) days per guest with breakfast being provided by the owner/operator of the residence.

B.

Bed and breakfast residence development requirements. Bed and breakfast residences, as defined in section 2.2 of this ordinance shall be subject to the following general requirements:

1.

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

2.

Proof of owner-occupancy shall be established by submission of proof of a homestead exemption for the premises or similar proof of owner-occupancy.

3.

Meals may be served to guests as part of the room fee, but in no case shall meals be served to persons not staying in a bed and breakfast room.

4.

No cooking facilities are permitted in the individual guest rooms.

5.

One (1) off-street parking space shall be provided for each guest room required and a minimum of two (2) off-street parking spaces shall be required for the resident family. The front yard shall not be used for off-street parking for temporary guests unless the parking area is screened and found compatible with the neighborhood.

6.

One (1) nonilluminated on-premises sign constructed of native material including wood, stone, or clay, not to exceed four (4) square feet, may be erected in the front yard at least ten (10) feet from the street right-of-way and shall conform to the general character of the surrounding neighborhood.

A.

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

B.

License required. In addition to any zoning approvals, establishments subject to these standards shall be licensed and/or permitted by all appropriate and necessary State of Louisiana Departments and/or Agencies.

C.

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

1.

A group home shall only be permitted in a detached dwelling unit situated on a lot having a minimum area of twelve thousand (12,000) square feet.

2.

A group home 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 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 shall not be located within thirteen hundred twenty (1320) feet of another group home.

7.

A group home 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.

(Ord. No. 2022-14, § IV, 10-25-22)

A.

Purpose and intent. Recognizing the growing need for adult and child day care facilities, it is the intent of the Town of St. Francisville to encourage the establishment of such facilities in a manner that will preserve the character of residential neighborhoods while meeting the operational and physical standards of the State of Louisiana Department of Social Services (DSS). Day care facilities, operated within a residence, are not subject to the requirements for home occupations contained in section 6.3.

B.

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

C.

General day care center development requirements. The following general provisions apply to all day care centers, as defined in sections 2.2 and 6.6.A shall be subject to the following general requirements:

1.

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

2.

Fencing shall be provided to restrict children from hazardous areas, such as drainage ditches, wells, holes, and major and minor roads. Further, fencing with a minimum height of four (4) feet shall physically contain children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict children from/within these areas.

3.

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

4.

Play equipment shall be located at least ten (10) feet from an abutting property line.

5.

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

6.

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

A.

Purpose and intent. The regulations and requirements relating to the height of buildings and structures shall be subject to the following exceptions and additional regulations set forth in this section.

B.

The height regulations and requirements as stated in this ordinance shall not apply to:

1.

Churches, schools, hospitals, sanitariums, public and semi-public service buildings and institutions. There shall be no restrictions on the height of such buildings, provided the front, side, and rear yards required in the district in which such building is to be located shall be increased an additional one (1) foot for each foot of height that the building exceeds the maximum height permitted in such districts.

2.

Barns, silos, and other farm structures when located on farms; belfries; cupolas; domes; flagpoles and monuments; water towers; transmission towers; windmills; chimneys; smoke stacks; radio towers; waste and aerial conveyors; fire towers; and oil derricks.

a.

Bulkheads, elevator penthouses; water tanks; cooling towers; scenery lofts; and similar structures, provided that such structure shall cover not more than twenty-five (25) percent of the total roof area of the building on which such structure is located.

A.

General. Adult-use businesses shall be permitted by right only in industrial districts, granted they meet the following provisions.

B.

Provisions.

1.

No adult-use business shall be located within one thousand (1,000) feet 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 (2,000) feet 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.

Said business shall be located in industrial zones, and shall not be allowed as home occupations.

A.

Short term rentals must be approved by the Town of St. Francisville and obtain an occupational license and a short term rental permit. Additionally, short term rentals are subject to all permitting requirements established by the Town of St. Francisville and shall comply with all of the use standards in this section and all Town of St. Francisville building, fire, and safety codes.

B.

No short term rental shall be allowed on a parcel that is not in compliance with all of the relevant Town of St. Francisville ordinances, including the zoning ordinance, unless the parcel is legal non-conforming in accordance with the specific standards of this ordinance, or the parcel is otherwise subject to a variance or approved conditional use, or other official approval or determination from the Town of St. Francisville.

C.

Short term rentals shall not be operated outdoors or in a recreational vehicle or in an accessory structure.

D.

No activity or use may be conducted in a manner that generates a level of sound, which at any property line shall be considered a nuisance, as defined in Chapter 8 Article III Section 8.79 (Nuisances) of the Town of St. Francisville Code of Ordinances.

E.

The maximum number of bedrooms used for a short term rental use in the short term rental dwelling unit shall be no greater than four (4), and the total number of guest staying in the short term rental dwelling unit at any one time shall be no greater than twelve (12) persons.

F.

Use of a short term rental for commercial or social events shall be prohibited.

G.

Each short term rental for commercial or social events shall be prohibited.

H.

The short term rental permit shall be in the name of the owner, who shall be an owner of the immovable/real property upon which the shot term rental is to be permitted.

I.

One (1) person may hold no more than one (1) short-term rental permit. A short term rental permit is neither assignable nor transferable.

J.

Each room in a short term rental shall be equipped with working smoke and carbon monoxide detectors.

K.

The owner shall keep on file with the town the name, phone number, cell phone number, and e-mail address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the short term rental. This information shall be posed in a conspicuous location within the short term rental. The local contact person shall be available twenty-four (24) hours a day to accept telephone calls and respond physically to the short term rental within (30) minutes when the short term rental is rented.

L.

The owner shall pay all sales and occupancy taxes required by law.

M.

Multiple rentals of a short term rental shall not be allowed during the same rental period.

N.

The Town of St. Francisville issued short term rental permit shall be conspicuously displayed on the rental premises.

(Ord. No. 2023-2, § IV, 3-14-23)

A.

Residential care facilities are subject to the regulations of the Louisiana Administrative Code.

B.

A residential care facility shall be located only on a single lot of record that complies with all of the standards of this ordinance unless a variance or conditional use is granted.

(Ord. No. 2022-14, § V, 10-25-22)