The town land use plan outlines goals and objectives by which the corporate limits shall be developed and from time to time extended. The zoning ordinance is one of the methods by which the goals and objectives can be met. In meeting these goals and making recommendations for their implementation, the following land use principles, the zoning map and original 1890 village map will be utilized by the commission to make their determination. Their use should be an asset in making land use decisions in terms of access and compatibility with existing and future developments. The town land use principles are as follows:

(1)

Generally.

a.

The development plan for the town as it relates to the floodways and floodplains shall be in accordance with the adopted flood plan management ordinance of the town, if and when applicable.

b.

Land use changes should never occur in the center of a street or road with the possible exception of freeways built with controlled access. Optimum changes should occur at rear property lines. Only those categories which usually require buffering by distance, sight restriction, or other devices are compatible in using the same circulation access.

c.

Natural esthetics and greenbelts should be maintained where possible in both residential and commercial developments.

d.

Town land use principles shall not supersede any parish, state or federal law applicable to this document.

(2)

Housing.

a.

Single-family residential lots should be served by local streets. Normally, they should not be allowed on collector or arterial streets.

b.

Residential uses are compatible with such land uses as recreation, education, fire and police stations, churches, agriculture, some institutions.

c.

Residential uses are incompatible with commercial and industrial uses, all transportation facilities.

(3)

Commercial.

a.

All commercial activities should be in enclaves varying in size to suit their function and located convenient to their market. All should have adequate off-street parking.

b.

Commercial activities should have access to arterial and collector streets only.

c.

Commercial uses should be given prime consideration at the intersection of two arterial streets.

d.

Commercial, along with some industrial and transportation uses, should be given prime consideration at all four-way major interchanges on freeways.

e.

Offices generating continuing traffic (doctors and dentists, banks, etc.) should be allowed on arterial streets and collector streets only.

f.

Auto-oriented commercial (with the possible exception of convenience food stores) should be allowed only on freeway interchanges, arterial streets, and collector streets.

g.

Uses compatible with commercial are medium and high density housing; institutions, such as hospitals, colleges, and universities; research organizations; administrative community facilities; agriculture.

h.

Uses compatible with commercial are heavy industry; low density housing.

i.

Wholesale and warehouse uses are more compatible with industrial and transportation uses than with other forms of commercial.

(4)

Industrial.

a.

All industry should be grouped in compatible enclaves.

b.

All industry should be served by adequate transportation systems and should be restricted to sites on arterial streets or freeways.

c.

Uses compatible with industrial uses are transportation and warehouse uses; some commercial uses; agriculture; community facilities of an industrial type; airfields.

d.

Uses incompatible with industrial uses are residential; some commercial; educational; most community facilities; most recreational uses.

(5)

Institutions. Institutional uses are so diverse that they demand relationships related to their characteristics.

a.

Hospitals create traffic and parking problems that should only be acceptable on arterial streets or collector streets. They are most compatible with commercial and high density residential uses.

b.

Nursing and long-term care facilities create much less demand in circulation and parking and could be accommodated on collector streets. Medium and high density housing and agriculture uses are compatible.

c.

Schools should be located in relation to the age of student and the amount of traffic generated, for example:

1.

Local streets: Elementary schools, residential areas.

2.

Collector or arterial streets: High and vocational schools, commercial or residential areas.

3.

Arterial streets: Colleges, high density residential, commercial areas.

d.

Churches are compatible with arterial streets and commercial collector streets.

(6)

Agriculture, vacant land and woodlands. Such uses should be encouraged and protected in areas where the soil is suitable.

(7)

Recreation.

a.

Utilize drainage areas for recreational purposes where appropriate.

b.

Regional recreation facilities should be served by arterial roads.

c.

Prime natural areas should be provided for public use in perpetuity.

(8)

Transportation.

a.

Maintain a major road plan at all times.

b.

Every land use should contain enough land to ensure off-street parking for its function.

(9)

Utilities.

a.

Most utility-generating facilities are more compatible with industrial uses.

b.

Some utility facilities are compatible with commercial uses.

c.

Utility uses that must occur in residential areas shall be suitably buffered and landscaped.

(Ord. of 6-1-2012, § 1.0; Ord. No. 13, 1-10-2017)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use means:

(1)

Structures and uses (such as private garages and sheds) customarily incidental to and on the same lot with a permitted use.

(2)

Caretakers.

a.

Permanent caretaker dwelling in residential areas for the use of caring for individuals or disabled persons shall be a permanent structure connected by roof line to the main building on a lot of record.

b.

Industrial: one residential dwelling where employed as a caretaker.

(3)

In-home offices are permitted provided such occupations meet the following conditions:

a.

Only one non-illuminated sign;

b.

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

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. See Street.

Amendment means any change to an existing ordinance (rezoning request) subject to public hearing.

Arterial streets means those streets and highways which are used primarily for fast, heavy traffic. They are generally several miles long and connect points of major traffic generation, such as through highways.

Block means a tract of land bounded by dedicated streets, which has been subdivided for building development.

Build means to erect, convert, enlarge, reconstruct, or structurally alter a building or structure.

Building means any structure built for the use of persons or animals. The term "structure" means anything built that requires a permanent location. However, neither shall be construed to include trailers.

Building inspector means the individual responsible for enforcing the zoning ordinances of the town as designated by the town council.

Collector streets means those streets which carry traffic from local streets to the major system of arterial streets and highways, including the principle entrance streets of a residential development and street for circulation within such a development.

Commission means the town planning and zoning commission.

Corner lot, side depth, means a lot existing at the intersection of two public streets, thus forming a side yard facing one of the aforementioned streets.

Council means the town council.

Dancehall means a cafe, restaurant or other place where dancing is done to music.

Day care center means any use where more than six children (other than and not counting the proprietor's) are cared for and income is received for such purposes.

District means a part of the town wherein regulations of this article are uniform.

Drive-in means an establishment where food or beverage is sold for consumption on the premises but not necessarily within a building.

Dwelling means a building or mobile home used entirely for residential purposes. A single-family dwelling is a building or mobile home that contains only one living unit; a two-family dwelling is a building that contains only two living units; and a multiple dwelling is a building that contains more than two living units.

Family means one or more persons occupying a living unit as an individual housekeeping organization as distinguished from a group occupying a boardinghouse, lodginghouse, or hotel.

Filling station or service station means any building, structure, premises, enclosure, or other place used for the dispensing, sale, or offering for sale of automobile fuel and oils at retail. When such dispensing, sale, or offering for sale of automobile fuels and oils is incidental to the conduct of a motor vehicle repair shop, the premises shall be classified as a motor vehicle repair shop.

Garage apartment means a living unit for not more than one family erected above a garage, said garage being accessory to the main building. However, for the purpose of this section, similar construction above a garage used for any accessory purpose will be considered the equivalent of a garage apartment.

Institution means a nonprofit establishment for public use.

Living area means an area generally measured by exterior walls, not including a basement, garage, carport, patio, porch or atrium.

Living unit means the rooms occupied by a family. The living unit must include a kitchen.

Loading space means a space within the main building or on the same lot having a minimum dimension of 12 feet by 35 feet.

Local streets means those streets which are used primarily for access to the abutting properties but do not provide for through traffic.

Lot means a parcel of land adequate for occupancy by a use herein permitted, providing the yards, area, and off-street parking herein required and fronting directly upon a street.

Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the clerk of court of East Feliciana Parish; or a parcel of land which became legally established and defined by deed or act of sale on or before the date of adoption of the ordinance from which this article is derived.

Main building means the building occupied as the primary use.

Manufactured housing means a building with the following characteristics and designed for long-term residential use: mass produced in a factory; designed and constructed for transportation to a site for installation and use when connected to the required utilities; either an independent, individual building, or module for combination with other elements to form a building on the site.

a.

Mobile home means manufactured housing built on a chassis. A mobile home shall be constructed to remain a mobile home. The term "mobile home" does not include a travel trailer or other forms of recreational vehicle.

b.

Modular home means structure designated for residential living. Modular homes shall conform to all relevant building codes. A modular homes shall be placed on a permanent foundation. Modular homes do not have axles or a metal framed and are typically transported on a flat bed trailer and completed on site.

Mayor means the chief administrator of the town.

Motel means an inn or group of dwelling units designed for occupancy by paying guests.

Nonconforming use means a lawful use of land that does not comply with the use regulations for its zoning district, which complied with applicable regulations at the time the use was established and was in existence at the time of zoning code adoption.

Office building means a building designed for or used as the offices of professional, commercial, industrial, religious, public, or semi-public persons or organizations.

Parking space means an area on a lot sufficient in size to store one automobile and connected to a public street or alley by a driveway.

Premises means land together with any buildings or structures occupying it.

Relocated homes means site-built homes that are relocated to another site.

Right-of-way means a strip of ground dedicated by the subdivided for public use, title to which shall rest in the public for the purpose in the dedication.

RV (recreational vehicle) means any travel trailer, motor home, and pop up trailer or tents used for overnight accommodations, wherever they are parked.

Servitude means a strip existing or to be reserved by the subdivided 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 [means] all structure requiring to be "set back" shall include any structure, building, or pond, with exception of a fence that will be on property line, be ten feet from property line. Shall comply with regulations for the specific zoning classification pertinent to property.

Special exception means a special exception is a use that would not be appropriate generally or without restriction throughout the zoning division of the district.

Stick homes means a regular built home, constructed on site, not in factory.

Street means property dedicated for and accepted for primary public access to lots.

Strip, commercial, means a ribbon of commercial uses fronting a street and extending inward for one half of a block.

Tense, number, building, shall. Terms used in the present tense include the future. The singular includes the plural and plural the singular. The term "building" includes the term "structure." The term "shall" is mandatory.

Variance means a relaxation of the terms of this article where such variance will not be contrary to the public interest.

Yard means an open space on the same lot or tract as a building except as provided herein and is unoccupied and unobstructed by a structure. Yard width or depth is the shortest horizontal distance from a lot line to the main building.

(Ord. of 6-1-2012, § 1.1; Ord. of 1-12-2016(2); Ord. No. 45, 9-16-2022, eff. 9-1-2022; Ord. No. 57, 10-17-2023)

Every building use. No building or land shall hereafter be used, and no building or part thereof shall be erected, in conformity with the regulations herein specified for the district in which it is located and as set forth in section 28-58, except as hereinafter provided.

(Ord. of 6-1-2012, § 2.0)

For the purpose of this section, the town is divided into districts, designated as follows:

(Ord. of 6-1-2012, § 3.0; Ord. of 1-12-2016(2); Ord. No. 13, 1-10-2017)

The boundaries of the districts are hereby established as shown on the zoning district map as amended, which is on file at the town municipal building.

(Ord. of 6-1-2012, § 4.0)

(a)

Any building existing at the time of enactment of the basic zoning ordinance from which this article is derived or subsequent amendment of this article, but not in conformity with its provisions, may be continued with the following limitations.

(1)

A nonconforming use shall not be expanded beyond the building floor area in use at the time of adoption of the zoning ordinance from which this article is derived.

(2)

A nonconforming use shall not be re-established if the use is discontinued for a period of six months. A nonconforming use shall be defined for a commercial structure as the structure or business shall be open to the public for a minimum of three eight-hour days each week in the capacity for which the business or structure is intended to operate.

A nonconforming use shall be defined for a residential structure as the structure shall be physically occupied by a single or multiple member family or families as intended by the structure. The mere existence of active utilities (gas, water, electricity) to the structure shall no be adequate use without the physical presence of residents residing in the structure on a full time basis.

(b)

Any land use not enclosed within the confines of a building (junkyards, signs, and billboards) existing at the time of enactment of the basic ordinance from which this article is derived or subsequent amendment, but not in conformity with provisions of this article, may not be continued. However, such land uses shall not be considered nonconforming, so long as they are enclosed and screened from view by walls and/or fences no less than ten feet in height, and such screening shall be reasonably maintained. Such screening and maintenance shall be for the purpose of preventing or minimizing the adverse effects of unsightly features.

(Ord. of 6-1-2012, § 5.0; Ord. No. 27, 8-13-2019)

Every building or structure hereafter erected in R-1, R-2, and R-3 residential districts shall be located on a lot of record, and in no case shall there be more than one residence on one residential lot. This includes prohibiting garage apartments in R-1, R-2 and R-3. (Exception: See subsection (2)a. regarding permanent caretakers under the definition of "Accessory use" in section 28-56.) This section is not applicable to the commercial and industrial zoning district classifications.

(Ord. of 6-1-2012, § 6.0; Ord. No. 61, 4-16-2024)

The applicant shall demonstrate compliance with and is subject to the following requirements:

(1)

Temporary space to supplement a permanent structure:

a.

Temporary buildings are allowed for existing business activities and new business activities desiring to locate in the town.

b.

The temporary structure shall be located on the same lot as the business. Authorization from the owner must be provided.

c.

Such request shall be presented to the planning and zoning commission for review and will forward their recommendation to the mayor and board of alderman.

(2)

Temporary building for real estate offices:

a.

The office is located within the boundaries of the subdivision or tract of land for sale.

b.

The property used for the temporary sales office shall not be permanently improved for the purpose; however, a dwelling or structure designed primarily for other purposes may be used temporarily for the sales office.

c.

Such request shall be presented to the planning and zoning commission for review and will forward their recommendation to the mayor and board of alderman.

(3)

Temporary buildings while permanent space is being constructed and construction offices:

a.

A building permit has been issued for the permanent structure and the permit has not expired.

b.

The temporary structure shall be located on the same lot or a lot immediately adjacent to the construction site. If the adjacent lot is separately owned, written authorization from the owner must be provided.

c.

Such request shall be presented to the planning and zoning commission for review and will forward their recommendation to the mayor and board of alderman.

(4)

All temporary activities shall be conducted at the location authorized.

(5)

Temporary uses shall be conducted wholly on private property.

(6)

Signs shall comply with article VII sign ordinance [section 32-151 et seq.].

(7)

Parking requirements shall comply with article III section 28-62.

(8)

Temporary buildings shall not be permitted adjacent to existing single or multi-family residences.

(9)

Temporary buildings must meet set back requirements as set for in section 28-95 zoning schedule.

(10)

Temporary buildings shall not be used for living quarters at any time.

(11)

Time limit on approvals:

a.

Temporary structures shall be authorized for one year. Reapplication for extensions for up to a year may be granted. Such request shall be presented to the planning and zoning commission and will forward their recommendation to the mayor and board of alderman.

b.

In cases of permanent structure or a construction office the temporary building may remain on the site until the permanent structure is completed or the building permit expires, which ever occurs first.

(12)

Temporary building occupancy:

a.

The building meets all building and fire code requirements.

b.

The site shall be vacated if the site does not conform to all standards of the building codes, fire codes, and/or planning and zoning ordinances.

(13)

Failure to comply may subject the applicant to penalties as set forth in Ordinance #56 [section 28-67].

(Ord. No. 60, 2-20-2024)

Parking space is an area on a lot sufficient in size to store one automobile. This space shall not (except as hereafter noted) be less than nine feet in width and 20 feet in length. This parking space (except for R-1, R-2, R-3, R-4, R-5, R-6, R-7 and R-8) shall be served by an aisle or maneuvering area not less than 22 feet in depth. Such parking and maneuvering space must be so designed as to eliminate the necessity of backing on or off a public right-of-way.

(1)

Residential. All residential uses shall provide the following minimum off-street parking spaces:

(2)

Commercial.

*Gross feet allowed.

(3)

Institutional. Institutional, public, assembly, transportation. All such uses shall provide the following minimum off-street parking spaces.

(4)

Industrial, manufacturing, warehousing, and wholesale. All such uses shall provide the following minimum off-street parking spaces:

a.

One space per each two employees or combine the two largest shifts; plus

b.

One space for each company vehicle domiciled at the facility; plus

c.

A number of spaces equivalent to ten percent of total employment or a minimum of two spaces to accommodate visitors.

(5)

Off-street loading.

a.

Every commercial or industrial use shall have adequate parking and off-street loading requirements to meet the needs of said operation.

b.

All backing and maneuvering for such parking and loading spaces shall be completely on the property of the commercial or industrial concern.

c.

Only roll-over curbs shall be permitted in the street where it parallels the loading dock.

d.

Space equal to the loading requirements shall be provided for the parking of each company-owned truck domiciled at the site.

(Ord. of 6-1-2012, § 7.0; Ord. No. 13, 1-10-2017)

(a)

Conformity of use. No structure shall be erected until the plans and intended use of the land and building are in conformity with this section. The provisions of this section shall be accompanied by a plan drawn to scale showing actual dimensions of the lot to be built on; the size, shape, and location of the building to be erected.

(b)

Commencing construction. Once request is approved by the commission and the council respectively, the approved project must be commenced or completed within six months. If this fails to occur a new request for approval must be made.

(Ord. of 6-1-2012, § 8.0)

(a)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map made a part of this section, the following rules apply:

(1)

The district boundaries are either streets, alleys, or property lines unless otherwise shown, and where the districts designated on the map accompanying and made a part of this section are bounded approximately by street, alley, or property lines, the street, alley, or property lines shall be construed to be the boundary of the district.

(2)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the district designated on the district map made part of this section are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the district unless the boundaries are otherwise indicated on the map.

(b)

In interpreting and applying the provisions of this section, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, easements, covenants, or other agreements between parties, except that if this section imposes a greater restriction, this section shall control.

(Ord. of 6-1-2012, § 9.0)

(a)

There will be no fees assessed for a variance.

(b)

All requested variances to this article must be submitted to the planning and zoning commission.

(c)

The commission will either recommend or reject the proposed variance to the council (board of aldermen) and the reason why.

(d)

The council has the right by its own motion to either grant or deny the requested variance.

(e)

The council's decision is final.

(f)

Any citizen may petition for an amendment to this article (re-zoning request) upon payment of a $50.00 fee and presenting proof of ownership of property to be re-zoned. Said fee is assessed for the purpose of covering the cost of advertising and processing the amendment and shall not be refunded.

(g)

Procedure for obtaining an amendment to this article shall be as follows:

(1)

Petition submitted to the zoning commission by a citizen or a motion for change may be originated by the commission.

(2)

Notice of proposed amendment shall be published in the official journal of a public hearing on the matter at least 15 days prior to such hearing.

(3)

Where an individual or organization other than the commission or the council requests an amendment to this section, the individual or organization sponsoring the amendment shall request the commission to post a sign on or adjacent to the property that is the subject of the proposed amendment. (The individual or organization sponsoring the amendment can be represented by another individual if that individual can supply notarized proof that he or she represent the owner.) This sign shall be of the size and description to be determined by the commission. The sign shall be posted by an authorized representative of the town not less than 15 calendar days prior to the date of public hearing to be held by the commission on the proposed amendment.

(4)

A public hearing is held by the commission.

(5)

After vote of the commission a recommendation to grant or deny is sent to the legislative body.

(6)

A simple majority of the legislative body may enact a change upon receiving the recommendation of the zoning commission.

(Ord. of 6-1-2012, § 10.0)

(a)

All territory which may hereafter be added to the town shall be zoned by recommendation from the commission to the mayor and council after public hearing has been held as required by state statutes. Such newly designated district shall constitute an amendment to this article.

(b)

The commission shall proceed with zoning classifications for compatible land uses in accordance with the master plan for the town. This procedure shall begin immediately on notice from the council that petition for annexation has been filed. After the legal date of annexation occurs, then by proper procedures as set forth by this article and by state statutes, the commission shall recommend to the mayor and council those amendments necessary for creating the zoning classifications in the newly annexed areas.

(Ord. of 6-1-2012, § 11.0)

Any person or corporation who shall violate any of the provisions of this article or fail to comply herewith or with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of misdemeanor and shall be fined as follows. Agricultural violations of residential provisions of this article shall be fined $100.00 and not more than $500.00 or be imprisoned for not more than 30 days, and each day that the violation shall be permitted to exist shall constitute a separate offense. Industrial violations of commercial provisions of this article shall be fined $500.00 and not more than $500.00 or be imprisoned for not more than 30 days, and each day that the violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this article shall be placed or shall exist, any architect, builder, contractor, individual person, or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be deemed guilty as herein provided.

(1)

When a violation is found to exist, the building inspector will notify the owner or owners of the subject property that a zoning violation exists. Failure to comply with building inspectors notification, penalties shall begin from the date of notification. If the building is under construction, the owner will be instructed to stop construction until arrangements have been made to correct the violation. The owner will be notified by registered mail and also the property of the concerned will be posted with a suitable placard, stating that the use is in violation of the zoning ordinance and all construction work is ordered to stop.

(2)

Failure of the property owner to respond to these official notifications will be cause for the building inspector to notify the police department to request that the owner be arrested and charged or issued a citation and or summons to appear in mayor's court.

(Ord. of 6-1-2012, § 12.0; Ord. No. 56, 10-17-2023)

All requests for re-zoning property shall be charged a fee of not less than the actual charges incurred by the Town of Slaughter by the official journal for advertising the required public hearing or public hearings. As required by state law the public hearing must be advertised in the official journal of the municipality at least three times prior to the hearing date by the commission. Proof of ownership of the property to be re-zoned must be provided to the commission. The municipality shall require any request to be rezoned place a deposit of $300.00 to be held by the Town of Slaughter to cover the advertising fees. If the fees are less, there shall be a refund provided, and if the fees are greater than the deposit, the applicant shall be billed the remaining fees owed.

(Ord. of 6-1-2012, § 12.1; Ord. No. 55, 10-17-2023)

Within the zoning districts established by this article and as shown on the zoning district map, the following regulations shall apply:

(1)

A-1 Agriculture/Open Space.

a.

Uses permitted.

1.

Agriculture, including retail and wholesale;

2.

Farming;

3.

Recreation;

4.

Open space;

5.

Parks;

6.

Farm-related structures;

7.

Residential or commercial development, including mobile homes, in accordance with the town land use principles.

All residential structures located in an apparent flood hazard area A district must have the first floor elevation in accordance with adopted flood plan management codes. Structures elevated or constructed on fill to comply with this provision shall not adversely affect the capacity of channels or floodways of any main stream, drainage channel, or any other drainage facility or system certification that no inundation (other than normal and customary standing water) shall occur on adjacent properties due to the proposed construction in the district shall be forwarded to the municipality prior to the issuance of a building permit.

b.

Uses prohibited. All uses not specifically permitted herein.

c.

Minimum yards:

d.

Minimum lot size. Minimum lot size for A-1 properties is five acres. When A-1 is subdivided into less than five acres it automatically becomes:

R-1 — Single Family Residential; or

e.

Minimum parking requirements: Two spaces per living unit.

(2)

R-1 Single-Family Residential.

a.

Land uses permitted:

1.

Single-family dwellings;

2.

Public recreation;

3.

Public elementary and high schools,

4.

Private schools with a curriculum similar to public schools;

5.

Accessory uses;

6.

Golf clubs;

7.

Reserved;

8.

State or federal government uses, provided all structures for such land uses are located not less than 50 feet from any property lines;

9.

Municipal uses, provided that the commission deems them necessary to maintain neighborhood values.

b.

Land uses prohibited. All land uses not specifically permitted herein.

All R-1 lots adjacent to the Slaughter Airpark (FAA L577) must have 20-foot rear setbacks providing a 20-foot servitude per FAA regulations. This includes all buildings, fences, trees, shrubs or other plants or objects.

c.

Minimum yards:

d.

Minimum lot size:

No building on corner lots shall be erected, reconstructed, or structurally altered within 15 feet of the sideline adjacent to any street right-of-way, to be measured from street right-of-way to the building line.

e.

Minimum floor area. 1,900 square feet living area.

f.

Minimum parking requirement. Two spaces per living unit.

(3)

R-1-S New Single-Family Multiple Resident Development.

a.

Land uses permitted:

1.

Single-family dwelling;

2.

Public recreation;

3.

Public elementary and high school;

4.

Private schools with a curriculum similar to public schools;

5.

Accessory uses;

6.

Golf clubs;

7.

Reserved;

8.

State or federal government uses, provided all structures for such land uses are located not less than 50 feet from any property lines;

9.

Municipal uses, provided that the commission deems them necessary to maintain neighborhood values.

b.

Land uses prohibited. All land uses not specifically permitted herein.

All R-1-S lots adjacent to Slaughter Airpark (FAA-L577) must have 20-foot rear setbacks providing a 20-foot servitude per FAA regulations. This includes all buildings, fences, trees, shrubs or other plants or objects.

c.

Minimum yards:

d.

Minimum lot size:

No building on corner lots shall be erected, reconstructed, or structurally altered within 15 feet of the sideline adjacent to any street right-of-way, to be measured from street right-of-way to the building line.

e.

Minimum floor area. 1,900 square feet of living area.

f.

Minimum parking requirements. Two spaces per living unit.

(4)

R-2 Single-Family Residential.

a.

Land uses permitted:

1.

Single-family dwellings;

2.

Public recreation;

3.

Public elementary and high schools;

4.

Private schools with a curriculum similar to public schools;

5.

Agricultural activities not involving retail or wholesale activities;

6.

Accessory uses;

7.

Golf clubs;

8.

Hospitals, but not a mental or an animal hospital;

9.

State or federal government uses, provided all structures for such land uses are located not less than 50 feet from any property lines;

10.

Municipal uses, provided that the commission deems them necessary to maintain neighborhood values;

11.

Nursing homes for the ages provided the lot has a minimum area of four acres and not over 25 percent of total land area to be occupied by building. Subsection (3)a.6 of this section is not applicable, except for single-family dwellings.

b.

Land uses prohibited. All land uses not specifically permitted herein.

c.

Minimum yards. For all buildings except any attached one-story building of accessory land use:

d.

Minimum lot size.

1.

For all buildings except any attached one-story building of accessory land use:

2.

No building on corner lots shall be erected, reconstructed, or structurally altered within 15 feet of the sideline adjacent to any street right-of-way, to be measured from street right-of-way to the building line.

e.

Minimum floor area.1,600 square feet

f.

Minimum parking requirement. Two spaces per living unit.

(5)

R-3 Single-Family Residential.

a.

Land uses permitted. Land uses permitted in R-2 Single-Family Residential District; including garage apartments, subject to requirements of this section as described below.

b.

Land uses prohibited. All land uses not specifically permitted herein.

c.

Minimum yards. For all buildings except any attached one-story building of accessory land use:

d.

Minimum lot size. For all buildings except any attached one-story building of accessory land use:

e.

Setback from right-of way. No building on corner lots shall be erected, reconstructed, or structurally altered within 15 feet of the sideline adjacent to any street right-of-way, to be measured from street right-of-way to the building line.

f.

Minimum floor area. 1,200 square feet.

g.

Minimum parking requirements. Two spaces per living unit.

h.

Garage apartment; additional requirements. In the R-3 District, there may also be on each lot one garage apartment for not more than one family; provided, however, that the lot contains at least 12,000 square feet and that the garage apartment is set back at least 65 feet from all street lines and five feet from all side and rear lot lines.

(6)

R-4 Two-Family Residential.

a.

Land uses permitted. Land uses permitted in R-3, including garage apartments, and multiple dwellings.

b.

Land uses prohibited. All land uses not specifically permitted herein.

c.

Minimum yards:

d.

Minimum lot size:

e.

Minimum floor area. 1,000 square feet per living unit.

f.

Minimum parking requirements. Two spaces per living unit.

(7)

R-4-A Two-Family Residential.

a.

Land uses permitted. Land uses permitted in R-4.

b.

Land uses prohibited. All land uses not specifically permitted herein.

c.

Minimum yards: For all buildings except any attached one-story building of accessory land use:

d.

Minimum lot size: For all buildings except any attached one-story building of accessory land use:

e.

Minimum floor area. 800 square feet per living unit.

f.

Maximum parking requirements. Two spaces per living unit.

g.

Minimum building height. 35 feet.

h.

Minimum distance between structures. 20 feet.

i.

Garbage hoppers. If garbage hoppers are to be provided, then one shall be provided for every 20 residential units or portion there of. Three-sided masonry enclosure required.

j.

Accessory buildings/structures. No accessory buildings or structures shall be allowed within ten feet of the property line.

k.

Sewer and storm drainage. Sewer and storm drainage requirements are referenced in Chapter 28 of the Planning, Development and Land Use Article II Subdivision Regulations Sections 28-23.

(8)

R-5 Multifamily Residential.

a.

Land uses permitted. Same as R-3, including garage apartments and multiple dwellings. All shall secure approval of the parish health unit and the appropriate town official on the method of sewerage treatment and disposal and on the public water supply.

b.

Land uses prohibited. All land uses not specifically permitted herein.

c.

Minimum yards. For all buildings except any attached one-story buildings of accessory land use:

d.

Minimum lot size:

e.

Minimum floor area. 950 square feet per living unit.

f.

Minimum parking requirements. Two spaces per living unit plus one space for each four units.

g.

Garbage hoppers. If garbage hoppers are to be provided, then one shall be provided for each ten apartment units or portion thereof.

(9)

R-6 Mobile Home Park;land uses permitted. All mobile home parks shall secure approval of the parish health unit and the appropriate town official on the method of sewerage treatment and disposal and on the public water supply, and shall be built in accordance with the following minimum standards:

a.

Individual mobile home sites may be leased, or rented, but the same shall not be subdivided.

b.

A minimum site of three acres shall be required, with a minimum frontage of 200 feet, on a publicly maintained street or road.

c.

Maximum density shall be 12 mobile home sites per acre.

d.

Minimum improvement requirements for private drives within the mobile home park shall be 23 feet back-to-back of curb in a 35-foot width between building lines with underground storm drainage and pavement construction of at least eight inches soil cement base and three inches of asphaltic concrete surface of eight inches of soil cement base and five inches of Portland cement concrete surface.

e.

Where only one drive is to be provided, each trailer park shall include an adequate circular turnaround at the rear of the property with a minimum radius of 30 feet for garbage trucks and other vehicles.

f.

Minimum lot size would be 30 feet of frontage by 100 feet in depth.

g.

Each site shall have two 24-inch wide concrete runners six inches thick for the trailer location and a four-inch thick, ten-foot by 26-foot concrete parking pad, to be measured from the back of curb at the front of the site.

h.

If garbage-size hoppers are to be provided, then one container of adequate size shall be provided for each ten sites or portion thereof, with the same type and specifications as apartment developments.

i.

There may be established a separate or optional area for overnight campers which area shall be provided with central public facilities.

j.

Each mobile home must meet all requirements stated in section 28-120.

k.

Where mobile home parks are established adjacent to residential districts, a fence at least six feet high and 95 percent solid shall be provided alongside and rear property lines.

l.

Municipal approved skirting shall be installed on the entire mobile home and attached porches or structures.

(10)

R-7 Mobile Home Subdivision.

a.

Land uses permitted. Mobile homes, including manufactured housing units and conventional houses. The purpose of this zoning district is for subdivisions designed and intended for the sale of lots for residential occupancy by mobile homes.

b.

Minimum yards:

c.

Minimum lot size:

d.

Minimum parking requirements: Two spaces per living unit.

e.

Minimum trailer size: 12 feet in width and 40 feet in length.

f.

Skirting. Municipal-approved skirting shall be installed on the entire mobile home and attached porches or structures.

(11)

R-8 Central Historical Area-Residential Single-Family.

R-8 shall only be available to those original lots created on the 1890 Plat of the Village of Slaughter. In no event shall a newly created lot with 50 feet in width be allowed to become rezoned in R-8.

a.

Land use permitted. Single-family dwellings not to exceed one story in height.

b.

Minimum yards, building set back lines and lot sizes.

Minimum set back lines shall be 30 feet from the front of the property adjacent to the public access street, boundary set back lines on the side of the lots shall be a minimum of ten feet, and rear set back lines shall be ten feet.

c.

Minimum lot size.

d.

Minimum parking requirements: Each lot shall have two spaces per living unit.

e.

Minimum floor area: 950 square feet per living area.

f.

Land use prohibited. No building on corner lots shall be erected, reconstructed, or structurally altered within 15 feet of the boundary line adjacent to any street right-of-way. All additional land uses not specifically permitted herein shall be prohibited.

(12)

C-1 Light Commercial.

a.

Land uses permitted. All kinds of office uses and other similar limited commercial uses where the land use is determined to be compatible with the town land use principles, and other criteria as set forth in the C-1 District, by the commission and council.

1.

Small retail businesses where articles are sold at retail on the premises;

2.

Professional offices;

3.

Cell phone store;

4.

Auto parts sales;

5.

Jewelry store;

6.

Reserved;

7.

Dress shops;

8.

Children's clothing stores;

9.

Furniture stores;

10.

Gift shops;

11.

Hardware stores;

12.

Office equipment sales;

13.

Hobby shops;

14.

Television and radio repair service shops;

15.

Dry goods stores;

16.

Ice cream stands;

17.

Snack bars;

18.

Snowball stands;

19.

Bakeries and pastry shops;

20.

Army surplus sales;

21.

Lock and key service shops;

22.

Custom draperies and carpet sale stores;

23.

Shoe repair shops;

24.

Dance studios;

25.

Donut and coffee shops;

26.

Reserved;

27.

Reserved;

28.

Offices;

29.

Financial services;

30.

Churches;

31.

Child nursery;

32.

Municipal building;

33.

Fruit markets;

34.

Sweet shops;

35.

Cosmetics shops;

36.

Pizza parlors;

37.

Photographic studios;

38.

Funeral home;

39.

Music stores;

40.

Sporting goods stores;

41.

Greenhouses and nurseries; and

42.

Shops not to exceed 2,500 square feet of floor area may also include the following businesses:

(i)

Dressmakers, millinery, tailoring;

(ii)

Bakery goods sales;

(iii)

Laundry and dry cleaning pick up stations.

b.

Minimum yards:

c.

Minimum lot size:

d.

Maximum noise level. The decibel level shall not exceed a maximum of 70 decibels at all property lines of abutting residential areas.

e.

Where commercial property is adjacent to any residential properties in the area defined by the original 1890 village map between South and North Street a minimum of six foot high fence or visual barrier between businesses and residential properties is required. The fence or visual barrier shall not obstruct or adversely alter drainage. Fencing and/or barrier materials shall be approved by the Town prior to installation. Twenty-four hour retail sales are prohibited.

f.

Where commercial property is adjacent to any residential properties in the area outside of the area defined by the original 1890 village map a minimum of 25 foot deep forested barrier between businesses and residential properties is required.

(13)

C-2 Commercial.

a.

Land uses permitted. All land uses permitted in C-1 Light Commercial District, and other similar limited commercial uses, including, but not limited to, the following, where the land use is determined to be compatible with the town land use principles and other criteria as set forth in the C-2 District, by the commission and council:

1.

All commercial (not industrial) businesses not specifically restricted or prohibited;

2.

Amusement enterprises, including, but not limited to, the provision of stage entertainment;

3.

Bowling alleys, skating rinks, theaters;

4.

Auto retail, wholesale, or repair services;

5.

Bus and railway stations;

6.

Storage;

7.

New and used auto sales, tire sales and service;

8.

Auto parts sales;

9.

Car washes;

10.

Grocery stores;

11.

Department stores;

12.

Furniture stores;

13.

Farmers' supplies and warehouses;

14.

Lawnmower sales and service shops;

15.

General merchandise stores;

16.

Housing sales;

17.

Electrical supply stores;

18.

Taxicab companies;

19.

Distributors of plumbing, heating, and air conditioning supplies;

20.

Fish markets, meat markets;

21.

Electrical appliance sales stores;

22.

Carpet sales stores;

23.

Shoe repair shops;

24.

Dance studios;

25.

Donut and coffee shops;

26.

Reserved;

27.

Restaurants;

28.

Off-street parking facilities;

29.

Hospitals;

30.

Motels;

31.

Hotels;

32.

Warehouses;

33.

Reserved;

34.

Reserved;

35.

Churches;

36.

Municipal buildings;

37.

Animal hospitals;

38.

Lumber yard as part of a retail establishment;

39.

Wholesale stores;

40.

Trailer sales;

41.

Funeral homes;

42.

Apartment hotels;

43.

Commercial recreation facilities;

44.

Commercial greenhouses and nurseries;

45.

Commercial schools;

46.

Paved commercial and private parking lots;

47.

Pharmacies;

48.

Self-service gasoline/diesel stations, excluding truck stops;

49.

Full service gasoline/diesel stations, excluding truck stops;

50.

Fast food restaurants; and

51.

Convenience and grocery stores.

b.

Minimum yards:

c.

Minimum lot size:

d.

Where commercial property is adjacent to any residential properties in the area defined by the original 1890 village map between South and North Street a minimum of six foot high fence or visual barrier between businesses and residential properties is required. The fence or visual barrier shall not obstruct or adversely alter drainage. Fencing and/or barrier materials shall be approved by the town prior to installation. Twenty-four hour retail sales are prohibited except for pay at pump fuel sales.

e.

Where commercial property is adjacent to any residential properties in the area outside of the area defined by the original 1890 village map a minimum of 25 foot deep forested barrier between businesses and residential properties is required.

(14)

L-1 Ultra-Light Industrial.

a.

Land uses permitted. All land uses permitted in C-2 Commercial District and the following as long as the land use is not deemed unsafe, obnoxious, or offensive due to the emission of noise, odor, dust, gas, combustibles, or vibration by the commission or council. Other industrial uses may be approved by the commission and council where it is deemed compatible with the town land use principles, and the criteria as set forth in the L-1 District. They may make no greater noise than 70 decibels at the lot line; emit no smoke at periods of normal operation of a density greater than No. 1 according to Ringlemann's scale; emit no particles from any flue or smokestack in excess of 0.2 grains per cubic foot of flue gas at a stack temperature of 500 degrees Fahrenheit; emit no odors, gas, or fumes beyond the lot line; and conduct all operations within a building or within an area enclosed by a solid fence or wall not less than six feet in height, where adjacent to or across the street from a residential district. The land uses shall include, but not be limited to, the following:

1.

Contractor's storage yards;

2.

Warehouses and storage buildings;

3.

Assembly plants (light machinery only);

4.

Bookbinderies;

5.

Cellophane products manufacturing;

6.

Ceramic products manufacturing (previously pulverized clay kilns fired only by electricity or gas);

7.

Cold storage or refrigerating plants, confectionery manufacturing;

8.

Fiber products manufacturing (previously prepared fiber);

9.

Garment manufacturing;

10.

Glass products manufacturing; ironworks, ornamental (no foundry, drop hammer, and no punch presses over 20 tons capacity);

11.

Leather products manufacturing (previously prepared leather);

12.

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

13.

Paper products manufacturing (previously prepared material);

14.

Sheet metal products manufacturing (light);

15.

Sign manufacturing;

16.

Open storage of building material, lumber, coal, machinery and pipe, provided the material is enclosed within a solid fence at least six feet high within required building lines when the storage area is adjacent to or across the street from a residential district;

17.

Television and radio broadcasting transmitter;

18.

Well drilling services; and

19.

Airport and light aircraft.

b.

Minimum yards:

c.

Minimum lot size:

d.

Industrial properties shall have a 50-foot deep or greater of densely forested barrier between adjacent residential properties and/or roads to buffer noise and block visibility. A minimum often foot deep densely forested barrier is required between commercial and industrial properties to buffer noise and block visibility. Where industrial property is adjacent to any residential properties, there shall have minimum six-foot security fence. Fencing and/or barrier materials shall be approved by the town prior to installation.

(15)

L-2 Light Industrial.

a.

Land uses permitted. All land uses permitted in L-1 Ultra-Light Industrial District and the following as long as the land use is not deemed unsafe, obnoxious, or offensive due to the emission of noise, odor, dust, gas, combustibles, or vibration by the commission or council. Other land uses may be approved where it is deemed compatible with the town land use principles, and other criteria as set forth in the L-2 District. Temporary storage of wrecked vehicles shall be allowed with storage time not to exceed 90 days. The land uses in the L-2 District shall include, but not be limited to, the following:

1.

Assembly plant, repairs and fabrication;

2.

Bottled gas sales and/or service;

3.

Canneries (except fish and meat products);

4.

Concrete mixing or matching plants;

5.

Dairy products manufacturing;

6.

Electrical parts manufacturing and assembly;

7.

Food products manufacturing (except fish and meat products, vinegar, sauerkraut, yeast and rendering or refining of fats and oils);

8.

Foundry casting lightweight nonferrous metal (no brass, manganese, bronze, zinc);

9.

Furniture manufacturing;

10.

Grain elevators;

11.

Machinery equipment sales and service;

12.

Millwork;

13.

Petroleum products, bulk terminal;

14.

Pharmaceuticals manufacturing;

15.

Plastic products manufacturing (previously prepared material);

16.

Poultry processing plants;

17.

Railroad freight terminals;

18.

Switching and classification yards;

19.

Repair shops;

20.

Roundhouses, power houses, and fueling, sanding, and watering stations;

21.

Electrical transformer units;

22.

Textile products manufacturing;

23.

Tire retreading, recapping or rebuilding;

24.

Tool manufacturing (no drop hammer or punch presses of over 20-ton capacity);

25.

Toy manufacturing; and

26.

Wood products manufacturing (assembling work and finishing).

b.

Minimum yards:

c.

Minimum lot size:

d.

Industrial properties shall have a 50-foot deep or greater of densely forested barrier between adjacent residential properties and/or roads to buffer noise and block visibility. A minimum often foot deep densely forested barrier is required between commercial and industrial properties to buffer noise and block visibility. Where industrial property is adjacent to any residential properties, there shall have minimum six-foot security fence. Fencing and/or barrier materials shall be approved by the town prior to installation.

(16)

L-3 Heavy Industrial.

a.

Land uses permitted. All land uses permitted in L-2 Industrial District and any other land use not deemed unsafe, obnoxious, or offensive due to the emission of noise, odor, dust, gas, combustible, or vibration by the commission or council. In the L-3 Heavy Industrial District, there may be any land use that meets the criteria as set forth in this section.

1.

No structure shall be erected or used for residential purposes except as a caretaker's dwelling quarters where employed on the premises.

2.

Junkyard, auto salvage or scrap yards, or similar land uses shall be surrounded by a solid fence at least ten feet high so that they cannot be seen from the public street.

3.

Other industrial uses may be approved where deemed compatible with the town land use principles and other criteria set forth in the L-3 District.

4.

Industrial properties shall have a 50 foot deep or greater of densely forested barrier between adjacent residential properties and/or roads to buffer noise and block visibility. A minimum of ten foot deep densely forested barrier is required between commercial and industrial properties to buffer noise and block visibility.

b.

Minimum yards:

c.

Minimum lot size:

d.

Industrial properties shall have a 50-foot deep or greater of densely forested barrier between adjacent residential properties and/or roads to buffer noise and block visibility. A minimum of ten-foot deep densely forested barrier is required between commercial and industrial properties to buffer noise and block visibility. Where industrial property is adjacent to any residential properties, there shall have minimum six-foot security fence. Fencing and/or barrier materials shall be approved by the town prior to installation.

(Ord. of 6-1-2012, § 13.0; Ord. of 12-8-2015; Ord. of 1-12-2016(2); Ord. No. 13, 1-10-2017; Ord. No. 15, §§ 1, 2, 4-10-2018; Ord. No. 17, 6-12-2018; Ord. No. 45, 9-16-2022, eff. 9-1-2022; Ord. No. 46, 10-18-2022; Ord. No. 63, 6-17-2024)

The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Antenna means a device, dish or array used to transmit or receive telecommunications signals.

Communications tower means 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.

Height means the distance from base of the communication tower to the top of the structure.

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.

(Ord. No. 40, § 1, 7-20-2021)

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

(1)

Height limits; special exceptions. Within all areas of the town limits, a freestanding tower and/or antenna with a height not exceeding 275 feet is a permitted conditional use; all heights exceeding 275 feet require special exception.

(2)

Application requirements. The applicant for a conditional use zoning permit for construction of a communications tower or placement of a commercial telecommunication antenna on an existing structure other than a tower previously permitted must file an application by a fee and the following documents; if applicable.

a.

One copy of typical specification for a proposed structures and antenna, including description of design characteristics and material.

b.

A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs, or elevation drawings duplicating typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property. A site plan is not required if antenna is to be mounted on an approved existing structure.

c.

A current map, or update for an existing 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 town.

d.

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/EIATIA 222, latest version, standards.

e.

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

f.

Written authorization from the site owner for the application.

g.

Evidence that a valid FCC license for the proposed activity has been issued.

h.

A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.

i.

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

j.

Evidence that applicable conditions listed in this division are met.

k.

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

l.

As per title 14 C.F.R., a sponsor proposing any type of construction or alteration of a structure that may affect the national aerospace system is required to notify FAA by completing the notice of proposed construction or alteration form (FAA form 7460-1). A copy of this completed form must be submitted to the town.

The application fee will be established by resolution of the mayor and board of aldermen, from time to time, and available for public examination in the town clerk's office.

(Ord. No. 40, § 2, 7-20-2021)

The applicant must show that all applicable conditions are met.

(1)

The proposed communication tower, antenna, or accessory structure will be placed in a reasonably available location and shall be camouflaged to minimize the visual impact on the surrounding area while allowing the facility to function in accordance with minimum standards imposed by applicable communication regulations and applicant's technical design requirements. Camouflaged shall require approval by the board of alderman.

(2)

The applicant must show that a proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and the applicant's technical design requirement without unreasonable modifications on any existing structure or tower under the control of applicant.

(3)

Applicants for a permit in a residential district must show that the area cannot be adequately served by a facility placed on a nonresidential district for valid technical reasons.

(4)

Prior to consideration of a permit for location on private property which must be acquired, the applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and the applicant's technical design requirements.

(5)

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

(6)

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

(7)

A communications tower must not be painted or illuminated unless provided by state or federal regulations.

(8)

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 the applicant's structural specifications and the applicant's technical design requirements, or that a collection agreement could not be obtained.

(9)

The 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 municipality a written indemnification of the municipality and proof of liability insurance or financial ability to respond to claims up to $5,000,000.00 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 municipality attorney.

(10)

Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage and all other general zoning district regulations except setback and height, shall apply to the use. Setback and height conditions in this section apply.

(11)

A tower must be a minimum distance equal to one-half the height of the tower from the property designated historic or architecturally significant and 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.

(Ord. No. 40, § 3, 7-20-2021)

In the event that the use of any communication tower has been 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 municipality who 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/operator of the tower shall have an additional 180 days within which 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 for the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception and/or variance approval for the tower shall automatically expire.

Fees shall be assessed for non-removal by town's board of alderman via resolution. The town shall be allowed to recoup 100 percent of the cost of removal of said tower and place a lien upon the landowners property of where the tower is located through the use of a summary proceeding.

In the event the affidavits or discontinued request above are unanswered 15 days after mailing of said request, all request are deemed affirmative and the tower show be deemed abandoned and discontinued.

(Ord. No. 40, § 4, 7-20-2021)

If additional tower height is requested, total tower height will not exceed 150 percent of the maximum height permitted in the district as a conditional use. Applicant must demonstrate that additional height above that permitted by conditional use regulations is necessary for service to occupants of an area within the municipality.

(Ord. No. 40, § 5, 7-20-2021)

Additional conditions may be established by the municipality as deemed necessary to remove danger to health and safety and to protect adjacent property.

(Ord. No. 40, § 6, 7-20-2021)

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

(Ord. No. 40, § 7, 7-20-2021)

No communications tower as defined in this chapter shall be erected or operated for commercial purposes within 500 feet of a right-of-way of La. Highways 19 and 412.

(Ord. No. 40, § 8, 7-20-2021)

Pursuant to the provisions of the Consumer Choice for Television Act of 2008, codified [as] R.S. 45:1361 et seq., any person or entity desiring to provide cable or video services within the town may do so by obtaining a state-issued certificate of franchise authority.

The town has requested those entities providing cable or video services within the municipal limits of the town to provide public, educational, and governmental access programming, streams, or channels ("PEG") and desires to collect PEG access support from these cable or video service providers pursuant to the provisions of R.S. 45:1370.

Pursuant to the provisions of R.S. 45:1361 et seq., providers of cable or video services holding a state issued certificate of franchise authority as provided in R.S. 161 et seq., and operating within the municipal limits of the town shall pay to the town quarterly, an amount equal to one-half percent of the gross revenues as that term is defined by the Consumer Choice for Act of 2008 derived from operations within the town's municipal limits.

All ordinances and resolutions in conflict herewith are hereby repealed, except those approving any cable or video franchise agreement in force and effect between the town and any cable or video service provider.

(Ord. No. 40, § 9, 7-20-2021)

Pursuant to the provisions of the Consumer Choice for Television Act of 2008, codified at R.S. 45:1361 et seq., any person or entity desiring to provide cable or video services within the town may do so by obtaining a state-issued certificate of franchise authority.

Pursuant to the provisions of R.S. 45:1366, the holder of a state-issued certificate of franchise authority for cable or video service is required to pay a franchise fee to a local government in which it operates upon 1he passage of an ordinance by that government setting such fee.

All persons or entities providing cable or video services to the citizens of the town pursuant to a state-issued certificate of franchise authority as provided in R.S. 45:1361 et seq., shall, pursuant to the provisions of R.S. 45:1366, pay the town a franchise fee equal to five percent of the cable or video service provider's gross revenues, as that term is defined by the Consumer Choice for Television Act of 2008, derived from operations within the town's municipal limits.

(Ord. No. 40, § 10, 7-20-2021)