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Slidell City Zoning Code

ARTICLE 2

DEFINITIONS

Section 2.1 - Rules of interpretation.

A.

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as individual.

B.

The present tense includes the future.

C.

The singular includes the plural and the plural, the singular.

D.

The words "shall, is, will, are" are mandatory; the words "may, can, should, could, or encouraged" are permissive.

E.

The words "used" or "occupied" include the words "intend," "designed," or "arranged" to be used or occupied.

F.

Land use regulations specific to uses defined in this article are in article 7 — Use Standards of this UDC.

G.

Unless stated otherwise in this UDC, the term "residential districts" refers to R and MU districts, while the term "commercial or non-residential" districts refers to the group of districts including the C, IT, and special districts.

Section 2.2 - Rules of measurement.

A.

Definitions for specific dimensions and requirements include methods of measurement in the definition. If such definition does not include specific language about measurement, the director of planning shall determine the appropriate measurement technique.

B.

Building height measurement shall be taken from the adjacent grade to the highest point of the building except where otherwise specified in this Code.

Section 2.3 - Definitions.

- A -

Accessory building and use. Subordinate building or a portion of the main building, the use of which is incidental to that of the main building or land. A swimming pool is an accessory use. A fence is not an accessory structure or use.

Accessory dwelling unit or ADU. A residential living unit on the same parcel on which a primary structure is present or may be constructed. It provides a complete independent living facility for one or more persons and may take various forms: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled dwelling.

Accessory dwelling unit, attached. An accessory dwelling unit that shares at least one common wall with the primary building on a lot.

Accessory dwelling unit, detached. An accessory dwelling unit that does not share a common wall with the primary building on a lot.

Active recreation facility. A recreational center or site that hosts scheduled or formal group activities or equipment for physically arduous activity. Examples of an active recreational facility include a gymnasium, athletic center, swimming pool, sports field, outdoor court, or a park with a playground or ball field.

Definitions relevant to adult uses and businesses.

A.

Adult theater. Any place or establishment that has a substantial or significant portion of its business features or provides for viewing on site:

1.

Films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or

2.

Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

B.

Adult cabarets. Any place or establishment that has a substantial or significant portion of its business features or provides any of the following:

1.

Persons who appear semi-nude; or

2.

Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities; or

3.

Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

C.

Adult store. Any place or establishment which sells, offers for sale or rents, for any form of consideration, any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations or recordings, novelties and devices, which have as their primary or dominant theme, matter depicting, illustrating, describing or relating to specific sexual activities or specified anatomical areas; or

2.

Instruments, devices or paraphernalia, which are designed for use in connection with specified sexual activities.

D.

Specified anatomical areas.

1.

Less than completely and opaquely covered:

a.

Human genitals or pubic region; or

b.

Human buttocks; or

c.

Human female breasts below a point immediately above the top of the areola.

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

E.

Specified sexual activities.

1.

Human genitals in a state of sexual stimulation, arousal or swelling; or

2.

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, sodomy, urolagnia or zooerasty; or

3.

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast; or

4.

Excretory functions as part of or in connection with any of the activities set forth in this subsection.

F.

Escort. A person who, for compensation, agrees or offers to engage in any of the following acts:

1.

Privately to model lingerie with the intention of and for the purpose of providing sexual stimulation or sexual gratification to the customer.

2.

Privately to disrobe for another person with the intention of and for the purpose of providing sexual stimulation or sexual gratification to the customer.

3.

Agrees to come to a specified location for the purpose of disrobing and for the purpose of providing sexual stimulation or sexual gratification to the customer.

4.

To perform a massage for the purpose of providing sexual stimulation or sexual gratification to the customer.

G.

Escort agency. A person or business association who, whether on or off the licensed premises, furnishes, offers to furnish, or advertises to furnish escorts, as defined herein, for compensation.

Agriculture. A farm of ten acres or more for the production of crops and livestock including greenhouse and nurseries for the raising of plants and sale of farm products raised on the premises but shall not be construed to mean the commercial processing of farm products such as slaughterhouses, canning plants, feed mills, etc.

Alley. A minor right-of-way, dedicated to public use, that gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Architectural metal panel. A metal panel of 26 gauge or heavier that is embossed or prefinished and that has the appearance of masonry, stucco, or any approved design approved by the department of planning.

Assembly. The fitting together of manufactured parts in a machine, structure or unit which is complete in and of itself or into components that may be further fitted together and where such assembly takes place within an enclosed building with both walls and roof.

Automotive repair and maintenance. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, provided all activities are conducted within a completely enclosed building.

Automotive body and paint repair. Establishments primarily engaged in repairing or customizing automotive vehicles and trailer bodies and interiors; and/or painting automotive vehicles and trailer bodies.

- B -

Barndominium. A dwelling unit that has the aesthetic treatment of a barn, which may include a raised loft or pier foundation, storage area, and façade treatment similar to a barn. For the purposes of this UDC these structures must adhere to all applicable building codes and shall be treated as either a single-family dwelling or a multi-family dwelling based on their number of units, for the purpose of determining which zoning districts they are allowed in.

Bed and breakfast. Establishments primarily engaged in providing short-term lodging in facilities known as bed-and-breakfast inns. These establishments provide short-term lodging in private homes or buildings meeting the minimum habitable requirements set out in the International Residential Code, converted for this purpose. Bed-and-breakfast inns are characterized by highly personalized service and inclusion of breakfast in the room rate.

Bicycle zone. Area set aside for bicycles.

Block. An area of land that is entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks or green strips, exterior boundaries of a subdivision, shorelines of waterways, corporate boundaries, rural land or drainage channels, or a combination thereof.

Board of adjustment. Refers to the board of adjustments as established in chapter 2 of this UDC.

Boat. A vehicle for traveling in, or on, the water, not exceeding 32 feet in body length, eight feet in width, or 12 feet in overall height from adjacent grade. If the boat is mounted on a trailer, the height limit also includes the trailer.

Building. Any structure designed or built or used for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Business complex. A commercial development containing one or more tenants sharing common access, parking, or other amenities.

- C -

Certificate of appropriateness. An authorization, issued by the Olde Towne Preservation District Commission permitting the alteration, addition, demolition, or new construction that affects a historic property, provided the changes are consistent with applicable standards and guidelines, and the Secretary of the Interior's "Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings."

Certified local government (CLG). A local government that has entered into a certified agreement between the State Historical Preservation Office (SHPO) and the local government that list specific responsibilities of the local government to include enforce appropriate state and local preservation legislation, establish and maintain a qualified Historic Preservation Review Commission, provide for adequate public participation in its activities, perform other functions delegated to it by the SHPO under the National Historic Preservation Act, and maintain a system for the survey and inventory of historic properties, consistent with guidelines provided by the SHPO (36 CFR § 61.6 and National Register Bulletin No. 24).

City council. City Council of Slidell.

City engineer. A person or firm recognized by the City of Slidell as responsible for approving construction design of public works such as streets, roads, bridges, etc., in the city.

City planner: A person or firm recognized by the City of Slidell as responsible for planning within the city and responsible for the flood hazard area maps.

Commission. Refers to the Planning and Zoning Commission of Slidell as established in chapter 2 of this Code.

Community home (six or fewer persons). Refers to residential living options that are certified, licensed, or monitored by the Louisiana Department of Health as required to provide residential services to six or fewer persons who are disabled (see disabled person). A community home shall be considered a single-family unit. This definition shall exclude persons, not otherwise disabled, who are currently using illegal drugs or abusing alcohol, and it shall exclude persons, not otherwise disabled, currently under sentence or parole from any criminal violation.

Community home (ten or fewer persons). Refers to residential living options that are certified, licensed, or monitored by the Louisiana Department of Health to provide residential services to ten or fewer persons who are disabled (see disabled person. A community home shall be considered a single-family unit, as per LA RS. 28:477. Notwithstanding the foregoing, in accordance with federal law, the definition (including the interpretation and application) of the term "Community Home" in the UDC shall also include the definition of "Shelter Care Home" as per Title 48, Chapter 88, of the State of Louisiana Administrative Code, and is synonymous with similar terms, such as group home or residential care facility.

Community recreation. Refers to recreational, social, or multipurpose uses typically associated with parks, playfields, golf courses, or community recreation buildings.

Comprehensive plan or master plan. Any legally adopted part or element of the overall plan for development of the City of Slidell as provided by the legislature of Louisiana.

Conditional use. A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.

Construction. Any site preparation, assembly, erection, substantial repair, alteration, or similar action, including demolition, for public or private rights-of-way, structures, utilities, or similar action.

Crematory. The building or portion of a building that houses the cremation retort for the reduction of bodies of deceased persons to cremated human remains.

Crematory retort. A vessel or chamber in which substances are distilled or decomposed by heat.

Cultural exhibits and library services. Refers to museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading.

Curb. Raised or vertical element that provides any or all of the following purposes: drainage control, roadway edge delineation, right-of-way reduction, aesthetics, delineation of pedestrian walkways, reduction of maintenance operations, and assistance in orderly roadside development.

Curb, face. Side of the curb facing the roadway.

Curb, back of. The line that delineates the curb from adjoining planting zone or pedestrian zone.

Curb, barrier or vertical. Vertical or nearly vertical curb face intended to discourage vehicles from leaving the roadway.

Curb, mountable or sloping. Low flat sloping faces designed so vehicles can cross them readily when need arises.

Customary lodging services. Refer to guest services provided by lodging facilities including hotels/motels. Customary services include at a minimum dedicated lobby space to adequately enable check-in/check-out procedures, and personnel/staffing to assist guests at check-in/check-out.

- D -

Day care centers, preschools, nursery schools. Refers to facilities authorized to provide supervisory or day care services licensed for such activities by the State of Louisiana.

Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private rights-of-way, surfaces or similar property.

Disabled person. Any: (1) individual with a physical, emotional, or mental impairment that substantially limits one or more major life activities; (2) individual with a record of such impairment; or (3) individual who is regarded as having such an impairment. In general, for the purposes of assessing housing discrimination, this term does not include current users of illegal controlled substances, but does provide protections for individuals with drug or alcohol addiction. Under limited circumstances, individuals with drug or alcohol addiction would also be protected under section 504 and the ADA if a purpose of the specific program or activity is to provide health or rehabilitation services to such individuals.

Discontinuance. The abandonment of a property, or of a particular use, for a period of at least 12 months. The determination of discontinuance for nonconforming uses or structures shall be supported by evidence, satisfactory to the director of planning (e.g., The actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use and not replaced, the turning off of the previously connected utilities, or where there are no business receipts/records or any necessary licenses available to provide evidence that the use is in continual operation).

District. A part of the city wherein regulations of this UDC are uniform.

Duplex. A structure containing two dwelling units, each of which has direct access to the outside. Also known as a two-family unit or double.

Dwelling. A building, or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one or more families.

Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

- E -

Elementary and secondary schools. Refers to public and private elementary and secondary schools having a general education curriculum.

Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage that demands immediate action.

Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

Engineer. A registered professional engineer registered in the State of Louisiana.

Essential services. Refers to public services that are necessary to support principal use type development and involves only minor structures such as lines and poles, phone booths, and mailboxes, which are necessary to support principal development.

- F -

Family. One or more people occupying a premise and living as a single housekeeping unit.

Frontage That portion of a lot abutting a street right-of-way measured along the property line of the public right-of-way and the private property.

Frontage zone. Area between the edge of the sidewalk and the line separating the public right-of-way from private property.

Funeral establishment/home. Any place or premises duly licensed by the Louisiana State Board of Embalmers and Board of Mortuary and Funeral Directors and devoted to or used in the care and preparation for disposition of the body of a deceased person or maintained or held out to the public by advertising or otherwise as the office or place for the practice of funeral directing.

- G -

Guest bedroom. An enclosed room designed for and outfitted to be used solely for sleeping and/or lodging of guests. A guest bedroom shall not contain cooking facilities.

- H -

Height. A vertical distance measured from the lowest elevation (i.e. the ground) to a specified highest elevation associated with a structure (i.e., roof, tower, sigh height) to determine compliance with this Code. Where specific measurement of the lowest elevation is not provided in this Code, height shall be measured from adjacent grade. When adjacent grade is uneven, it shall be the average elevation of adjacent grade.

Historic structure. Generally refers to a structure that is at least 50 years of age and is significant locally, regionally, or nationally because of its architecture or cultural value. For more detail, refer to the definition of historic structure in chapter 15 of this Code.

Historic resource. Building, site, district, object, or structure evaluated as historically significant.

Historically significant. Importance of a property to the history, architecture, archeology, engineering, or culture of a community, state, or the nation. Criteria for importance is based on:

A.

Association with events, activities, or patterns.

B.

Association with important persons.

C.

Distinctive physical characteristics.

D.

Potential to yield important information.

Home occupation. An occupation carried out by a resident within a dwelling unit, that is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

Hospitals. An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, professional offices and training facilities.

Hotel. A facility that provides sleeping accommodations for a fee and customary lodging services, where access to individual guest rooms is from interior lobbies, courts, or halls, and which is kept, used, maintained, or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants. Related ancillary uses include, but are not limited to, meeting facilities, restaurants, bars, and recreational facilities for the use of guests.

Housekeeping. The management of a home and the work to be done in it, such as cleaning and cooking.

- I -

Impairment, mental or physical. As defined by federal nondiscrimination laws, means a physical or mental impairment as including, but not limited to, conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus (HIV), developmental disabilities, mental illness, drug addiction, and alcoholism.

- J -

- K -

Kennel. A facility for the care or boarding of animals that is operated for economic gain or the keeping of more than six dogs more than four months of age outside the principal building.

Kennel, private. Any person(s) who maintains more than a total of six domestic animals over the age of four months on a residential property within the city limits of Slidell; said animals can be in any combination.

- L -

Landscape area. A non-built-upon area of land in which landscape materials are placed, planted or maintained.

Landscape plan. The preparation of graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural features such as planting ground and water forms, circulation, walks and other features to comply with the provisions of this ordinance.

Landscaping. The installation of plant material or seed as a part of development.

Land surveyor. A land surveyor registered in the State of Louisiana.

Landing area. The area of the airport used for the landing, takeoff or taxiing of aircraft.

Lodge, fraternal, and civic service organizations. Refers to meetings and activities primarily conducted for their members. Excluded from this type are uses classified as group residential, group care, and transient habitation (all types). Typical uses include meeting places for civic clubs, lodges, or fraternal or veteran organizations.

Lot. A parcel of land having specific boundaries and having its principal frontage upon an officially approved street.

Lot of record. A recorded, platted lot or a parcel of land lot, the map of which has been recorded in the Office of the Clerk of Court of St. Tammany Parish, or a lot described by metes and bounds, the description of which has been recorded in the Office of the Clerk of Court of St. Tammany Parish.

Lot corner. A lot that abuts two or more streets at their intersection, or upon a curved street, provided that the two sides of the lot intersect to form an interior angle of not more than 135 degrees.

Lot depth. The distance between front and rear lot lines. If these lines are not parallel, the mean dimension shall be deemed to be the lot depth.

Lot, double frontage. A lot that runs through a block from street to street and that has frontage on each street.

Lot, interior. A lot that is not a corner lot.

Lot line, front. The front line of an interior lot is the line separating the lot from the street or easement of principal access. The front lot line of a corner lot shall be the lot line with the least frontage.

Lot line, rear. The rear lot line is the boundary opposite and generally parallel to the front lot line. The rear lot line of a triangular or irregularly shaped lot shall be a line not less than ten feet long, lying wholly within the lot, more or less parallel to and the greatest distance from the front lot line.

Lot line, side. A side lot line is any lot boundary line not a front line or a rear lot line. A side lot line separating a lot from a street line is an exterior side lot line. Any other side lot line is an interior side lot line.

Lot, reverse frontage. A lot fronting on two parallel streets but with access to only one.

Lot, width. The width of the lot at the building setback line measured parallel to the street right-of-way line, or measured at the street line if no front yard is required.

- M -

Major life activities. Includes those activities that are important to daily life such as self-care, receptive or expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency. Major life activities include, for example, walking, speaking, hearing, seeing, breathing, working, learning, performing manual tasks, and caring for oneself. Major life activities also include the operation of major bodily activities, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems.

Manufactured home skirting. Material that wraps around a manufactured or mobile home to enclose the crawl space beneath, obscure from view the structural elements below the manufactured or mobile home and provide the mobile and manufactured home with a finished appearance. Skirting can be made of brick, stucco, tin (metal), cinder block, plywood, lattice, hardy board, faux rock, and vinyl. When properly installed, skirting can reduce the likelihood of pipes freezing by maintaining an average temperature beneath the home, protect the home from small animals (such as rodents), retain heat and improve the appearance of the structure.

Manufacturing. The mechanical, physical, or chemical transformation of materials and substances, or components into new products or the assembly of component parts of manufactured products.

Manufacturing, heavy. The manufacturing or compounding process of raw materials where activities or processes necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process and where activities may involve outdoor operations.

Manufacturing, light. The product processing, fabricating, assembly, disassembly, and packaging takes place wholly within an enclosed building, and any fumes, gases, smokes, vapors, vibrations, noise or glare or other factors which are regarded as nuisances are mitigated entirely within the building.

Massage establishment. Refers to massage establishments or any other place of business that offers the practice of massage therapy and where the practice of massage therapy is conducted on the premises of the business. A place of business includes any office, clinic, facility, or other location where a person or persons engage in the practice of massage therapy. The residence of a therapist or an out-call location which is not owned, rented, or leased by a massage therapist or massage establishment shall not be considered a massage establishment, unless the location is advertised as the therapist's or establishment's place of business. The term "massage establishment" shall not include physician offices, physical therapy facilities, chiropractic offices, or athletic training facilities, whether or not they employ, contract with, or rent to massage therapists, or institutions of secondary or higher education when massage therapy is practiced in connection with employment related to athletic teams.

Methadone centers or clinics. A methadone center or clinic sponsored or operated by a nonprofit, charitable, or for-profit entity or by a public agency and subject to licensure by the State of Louisiana whose purpose is the dispensing of controlled substances in connection with or related to the rehabilitation of drug abusers.

Mini-warehouse or mini-storage. A building or group of buildings containing individual storage units rented or leased to individuals for the non-commercial storage of personal property with individual exterior access doors for each individual storage unit.

Minor impact utilities. Refers to public utilities that have a local impact on surrounding properties and are necessary to provide essential services. Typical uses are electrical and gas distribution substations, and radio, microwave, and telephone transmitters.

Mixed-use and multi-tenant buildings or centers. A mixed-use or multi-tenant building or center includes more than one different use or several classifications of the same use, that may be within a common building or separate attached or unattached buildings and that are located on the same parcel or adjoining parcels that are planned, developed, owned, and/or managed as a unit.

Mixed-use development. A blend of residential, commercial, cultural, institutional, or entertainment uses into one space, where those functions are physically and functionally integrated, and provides pedestrian connections. Typically, multi-family use is located above commercial use.

Motel. A facility that provides sleeping accommodation for a fee, and customary lodging services, and in which access to and from each room or unit is through an exterior door. Related ancillary uses are those allowed within hotels.

Motor vehicle. Any vehicle that is propelled or drawn on land by motor, such as but not limited to passenger cars, trucks, trailers, semitrailers, campers, go-carts, amphibious crafts on land, dune buggies, or racing vehicles, including motorcycles.

Motorboat: Any vessel which operates on water, and which is propelled by a motor including, but not limited to, boats, barges, amphibious craft, jet ski, towing devices and hovercraft.

Motorcycle. An unenclosed motor vehicle having a saddle for the use of the operator and two or more wheels in contact with the ground including, but not limited to, motor scooters and minibikes.

Municipal government services. Refers to those facilities operated by the City of Slidell.

- N -

National Register of Historic Places. The official list of the Nation's historic places worthy of preservation. Authorized under the National Historic Preservation Act of 1966, it is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect the Nation's historic and archaeological resources.

Nonconforming lot of record. A platted lot that does not comply with the lot size requirements of the zoning district in which it is located.

Nonconforming sign. A sign that was in existence prior to the adoption of this ordinance that no longer conforms to the provisions of this Code.

Nonconforming structure. Any structure, which was lawful on the effective date of this Code but no longer complies with all the standards and regulations of this Code or any amendment thereto. See also the definition ofStructure in this article.

Nonconforming use. Any use of land that was lawful on the effective date of this Code was adopted, but no longer complies with all the standards and regulations of this Code due to amendments made to-date.

- O -

Office building. A building designed for or used as the offices of professional, commercial, industrial, religious, public or semipublic persons or organizations.

Open space. The part of a lot, including all yards, which is open and unobstructed from grade level upward and is not occupied by off-street parking, streets, drives, or other surfaces for vehicles.

Ordinary high-water mark. That line on the shore or on a structure established by the fluctuations of water and indicated by the physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in character of soil, destruction of vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of surrounding area (33 CFR Part 328, Section 328.3).

- P -

Parking space, automobile. A space within a building, private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.

Passive recreation facility. A recreational site that does not include facilities requiring extensive maintenance or upkeep or designed for group or scheduled activities. Examples of a passive recreational facility are a nature trail, nature refuge, public park without a playground or ball courts, or a bird preserve.

Pedestrian zone. Area set aside for pedestrians.

Planter zone. Area between the back of curb and edge of pedestrian zone or bicycle zone where street trees, grass, shrubs, and any other vertical public infrastructure is placed.

Plat, final. A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas, and other dimensions of land.

Plat, preliminary. A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.

Platform, short-term rental. One or more portals, listing services, or websites under common ownership or control through which a person, other than an owner, collects or receives a fee, directly or indirectly, for facilitating short-term rental or other lodging-related booking transactions. A platform shall not include a service that merely posts advertisements for short-term rentals.

Powered model vehicle. Any self-propelled airborne, waterborne or land borne plane, vessel or vehicle that is designed not to carry persons including, but not limited to, any model airplane, boat, car, or rocket.

Prefabricated housing. Any housing with structural or mechanical components manufactured and assembled away from the construction site. The following terms shall have the following meanings for the purposes of this UDC:

A.

Manufactured housing. Dwelling units constructed primarily at a plant or facility on a production line basis and delivered to the site as an assembled unit or in modular form. Manufactured housing specifically refers to housing built under the manufactured home construction and safety standards set by the U.S. Department of Housing and Urban Development (HUD).

B.

Mobile home. Prefabricated trailer-type housing units that are semi-permanently attached to land, either the owner's fee land or leasehold, such as in a mobile home park. A mobile home is a moveable or portable structure designed and constructed on its own chassis and intended for connection to utilities for year-round occupancy as a dwelling. Any dwelling unit that qualifies as a modular home according to the definition herein is not considered a mobile home. A travel trailer is not considered a mobile home.

C.

Mobile home park. A unified development of two or more mobile home sites, plots or stands, arranged on a large tract usually under single ownership, meeting the area and yard requirements of this article, and designed to accommodate mobile homes for a more or less permanent duration. Such term may include travel trailer accommodations, provided that no more than 25 percent of the park is used for such purposes.

D.

Modular home. Modular homes are houses divided into multiple modules or sections, which are manufactured in a remote facility and delivered to their intended site of use. The modules are then assembled on a permanent foundation without a permanent chassis, into a single residential building. Unlike other prefabricated construction, modular homes conform to all state, local and regional codes where the structure is to be located.

Preservation district. A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.

Principal use. A use that fulfills a primary function of an establishment, institution, household, or other entity.

Projection. Cornices, cells, eaves, belt courses, chimneys or other similar architectural features that may extend or project into a required yard.

Property line. An imaginary line along a ground surface, and its vertical extension which separates the real property owned by one person from that owned by another person but not including intrabuilding real property divisions.

Property owner. The owner of a lot or parcel as shown on assessor's tax rolls. An entity that only owns a building and not the lot that the building is situated on is the "building owner" not the "property owner" for the purpose of this UDC

Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley, or similar place which is owned or controlled by a government entity.

Public safety services. Refers to the providing of protection by a district or entity pursuant to fire, life, and safety code sections, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, ambulance services.

Public space. Any real property or structure thereon which is owned or controlled by a governmental entity.

Public use. Any use operated by an agency of government that provides a direct service to the public including police, fire, library, educational facilities and recreational services.

- Q -

Quasi-public. Essentially a public use, although under private ownership or control.

Quorum. A majority of authorized members of a board or commission.

- R -

Raised surface. Any vertical change that would impede the free movement of a wheelchair.

Recreation use. An area offering recreational facilities to the public for boating, boat launching, fishing, swimming, picnicking, camping, outdoor games, horseback riding, parks, playgrounds, and may include community centers.

Recreational facilities. Any facility that provides recreational opportunities such as tennis clubs, health clubs or golf clubs.

Recreational facilities, indoor. An establishment providing completely enclosed recreation activities. Accessory uses shall be allowed to include the preparation and serving of food and/or sale of equipment related to the enclosed uses. Included in this definition shall be YMCAs, health clubs, athletic clubs, bowling, roller-skating or ice-skating, billiards, pool, motion picture theaters, and related amusements.

Recreational facilities, outdoor. An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions concession stands, and similar structures used primarily for recreational activities.

Recreational vehicle. A vehicular unit not exceeding 32 feet in overall length, eight feet in width, or 12 feet in overall height from ground level, primarily designated as a temporary living quarters for recreational, camping or travel use; it either has its own motive power or is designed to be mounted on or drawn by a motorized vehicle. Recreational vehicle includes motor home, truck camper, travel trailer and camping trailer.

Religious assembly. Refers to religious services involving public assembly such as customarily occur in synagogues, temples, and churches.

Religious facility. A building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. A place of worship may include group housing for persons under religious vows or orders, day care facilities, and/or weekly religious instruction.

Research services. Establishments primarily engaged in research of an industrial or scientific nature but shall not include chemical, biological, nuclear, or animal research.

Retail; retail services or retailing. The sale of goods or services to the public. Services may include cleaning, maintenance and repair insofar as these services are conducted in accordance with the environmental requirements of this Code. Storage of goods for retail sale or service shall meet the requirements for storage established for wholesaling in article 7 — Use Standards of this UDC.

Restaurant. A structure, or any part thereof, in which food or beverages are prepared and dispensed for consumption at the time of sale as defined in chapter 4 of this Code. May include one or more of the following:

A.

Restaurant, drive-in. A restaurant where the customers are either served in their vehicles or at a drive-through or walk-up window or service unit.

B.

Restaurant, fast food. An establishment that offers quick food service, accomplished through a limited menu of items already prepared and held for service, or prepared, fried or griddled quickly, or heated in a device such as a microwave oven. Orders are not taken at a customer's table and food is generally served in disposable wrapping or containers. Fast food establishments may or may not deliver food or beverages to customers in motor vehicles at drive-up windows.

C.

Restaurant, full-service. A restaurant with table service (order placement and delivery on-site) provided to patrons, also including cafeterias; carryout service, if any, occupies a limited portion of the facility and activity.

D.

Restaurant, limited-service. A restaurant without table service provided to patrons; walk-up counter and carryout trade is a primary portion of the facility; includes food delivery, carryout, public snack bars and delicatessens, but not specialty food or fast-food stores.

E.

Restaurant, sit-down. A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in non-disposable containers, where the customer consumes these foods while seated at tables or counters where alcoholic beverages may be served to dining patrons from a service bar (not accessible to patrons) and where there typically is not a rapid turnover of clientele. Special events center services considered to be allowed accessory uses to sit-down restaurants.

Right-of-way. A grant by the property owner, usually in the form of a dedication to the public, of a strip, or strips, of land, title to which shall rest in the public for the purpose stated in the dedication.

Roof line. The highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline, or the highest line common to one or more principal slopes of roof. On a flat roof, the roofline is the highest continuous line of the roof or parapet, whichever is higher.

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Screening. A method of visually shielding or obscuring an abutting, or nearby, use or structure from another by fencing, walls, berms, or densely planted vegetation.

Senior service centers. Facilities providing meals, education, entertainment and social services to the elderly.

Servitude. A grant by the property owner to the public, a corporation, or persons, of the use of a strip of land for specific purposes. Servitude is synonymous with the term "easement."

Setback, building. The minimum distance between the building and the related front, side, and rear property line. The setback is measured to the furthest horizontal projection of the structure (including overhang). Setback is synonymous with the term a "building line."

Shared use path. A wide sidewalk designed and constructed for use by both pedestrians and bicycles.

Shelter for victims of domestic violence. Refers to a State of Louisiana licensed residential facility, operated by a nonprofit social service corporation, that serves as a temporary safe house for victims of domestic violence and provides shelter, meals, childcare, and counseling to such victims.

Shopping center. A commercial development having at least 5,000 square feet and/or at least three tenants sharing common access, parking and other amenities.

Short-term rental (STR). A dwelling unit or portion thereof available for rent for overnight lodging for a period of less than 30 consecutive days. Hotels, motels, bed and breakfasts, and other land uses explicitly defined and regulated in the Code separately from short-term rentals are not considered to be short-term rentals.

Sidewalks. The portion of a street or cross-walkway, paved or otherwise surfaced, intended for pedestrian use only.

Single-family dwelling. A residential building designed exclusively for and occupied exclusively by one family.

Single use sites. A single use site includes an individually platted lot for which a single use and individual tenant occupy the site.

State historic preservation officer (SHPO). SHPO is the person who has been designated by the governor or chief executive or by state statute in each state to administer the State Historic Preservation Program, including identifying and nominating eligible properties to the National Register and otherwise administering applications for listing historic properties in the National Register (36 CFR, § 60.3).

State historic preservation program. The program established by each state and approved by the Secretary of the Interior for the purpose of carrying out the provisions of the National Historic Preservation Act of 1966, as amended, and related laws and regulations (36 CFR, § 60.3).

Street. A public thoroughfare used as a way for pedestrians and vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.

Street, arterial and highways. Streets and roadways which are used primarily for fast or heavy traffic and that form a part of the existing or projected federal aid highway system, or the state highway system.

Street, collector. A street which carries traffic from minor streets to the major streets in residential and business areas and includes the principal entrance streets of a residential development and streets for circulation within such a development.

Street, cul-de-sac. A minor street with a turn-around and permanently closed to through traffic and used primarily for access to the abutting properties.

Street, frontage or service. A minor street auxiliary to, and located on the side of, a major street for service to abutting properties and adjacent areas for control access and protection from through traffic.

Street line or right-of-way line. The dividing line between a lot, its property line or lines, and a public right-of-way, a public street, road, or highway, or a private street, road, or highway over which two or more abutting owners have an easement or right-of-way.

Street, major. A street that provides easy access to the various traffic generators within the city and to the arterial highway system.

Street, minor. A street that is used primarily for access to the abutting properties.

Street right-of-way. The area dedicated to public use for streets, walks, drainage, and utility servitudes, etc., between front property lines.

Structure. Anything constructed or erected, the use of which requires permanent, or semipermanent, location on the ground or the attachment to something having a permanent location on the ground. This includes, but is not limited to, buildings, gasoline pumps, advertising signs, billboards, fences, radio and TV towers, mobile homes and sheds. It excludes vehicles, sidewalks, streets, driveways, parking areas and patios.

Student housing. A structure specifically designed for a long-term stay by a college, university, or nonprofit organization including rooms for student sleeping. A common kitchen and gathering rooms for social purposes may also be provided.

Subdivider. Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined. Synonymous with "developer."

Subdivision. Includes any of the following activities within the City of Slidell:

A.

The division of a lot, tract or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose of sale or building development whether immediate or future for purpose;

B.

The dedication granting a street, alley, or servitude through a tract of land regardless of area;

C.

The resubdivision of land previously divided or platted into lots of record.

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Temporary, building. A structure without a foundation, having a roof supported by columns or walls, for the enclosure of persons, animals, chattels, or moveable property of any kind.

Temporary, office for construction sales. A structure or other facility temporarily used as a construction office or sales office.

Temporary, office for real estate. The temporary use of a dwelling unit within a residential development project as a sales or rental office for the units on the same site, which is converted to residential use at the conclusion of its office use.

Temporary, residence. A dwelling for the purpose of providing residence on a limited term basis no more than six months.

Temporary, use. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. Temporary uses include:

A.

Temporary seasonal use. A seasonal use is a type of temporary use carried on for 90 days or less, such as fireworks stands, Christmas tree sales, snowball stands, seafood peddlers, or produce stands.

B.

Temporary sales. A type of temporary use that may take place indoors or outdoors, which may include temporary structures, where goods are sold, such as consignment auctions, pop up markets, vendor events, arts and crafts fairs, flea markets, multi-household rummage sales, commercial rummage sales, and temporary vehicle sales. Temporary sales do not include outdoor sales related to a retail goods establishment where such goods are part of the establishment's regular items offered for purchase.

C.

Temporary outdoor events. A temporary outdoor event is any entertainment activity, such as the performance of live music, revue, play or other event within an outdoor space, that has a specific duration or the end of which is related to a specific action, usually lasting for only a few days or weeks at a time. Temporary outdoor events include, but are not limited to, fireworks shows, horse shows, carnivals/circuses, temporary worship services, festivals and any event where vendors offering items for sale who may or may not be required to pay a fee for such booth or tent space.

Townhouse or rowhouse. Includes between three and eight dwelling units located within a single structure, contiguous to each other, sharing one common bearing wall, and including a separate front and rear entrance for each unit.

Trailer. A vehicle without motive power, designed so that it can be drawn by a motor vehicle.

Trailer, manufactured housing. A structure, transportable in one or more sections, which is 12 body feet or more in width and 60 body feet or more in length, built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. This structure type is not built to ICS standards; it is permitted in accordance with minimum HUD requirements.

Trailer park. A parcel of land under single ownership that has been planned and improved for the placement of trailers and manufactured housing.

Trailer-semi. A freight trailer that when attached, is supported at its forward end by the fifth wheel device of the truck trailer.

Trailer, travel. A vehicular, portable structure built on a chassis designed as a temporary dwelling for travel, recreation, and vacation use with a body width not exceeding eight feet, and a body length not exceeding 32 feet.

Transient habitation, lodging. Lodging services involving the provision of room and/or board for a period of less than a month. Typical uses include hotels, bed and breakfasts, and short-term rentals.

Truck-stop facility. Those facilities as contemplated in R.S. 33:4862.1 et seq., which are designed primarily for serving 18-wheel tractor-trailer motor vehicles and where no video draw-poker devices may be operated.

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Utility. A commodity or service that is of public consequence and need such as electricity, gas, sewer, water, transportation, television cables, or telephone service.

Use. The activity occurring on a lot or parcel, for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses. See also definition of nonconforming use in this article.

Use, change of. The change within the classified use of a structure or parcel.

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Variance. A limited modification from the provisions of this UDC by the Slidell Board of Adjustments in accordance with the rules and provisions of the board established in chapter 2 of this Code.

Vehicle. See motor vehicle.

Video draw poker devices. A unit, mechanism, or device that, upon insertion of cash, is available to play or simulate the play of the game of draw poker or other card games utilizing a cathode ray tube or video display screen microprocessors in which the player may win games or credits that can be redeemed for cash only. The term does not include a device that directly dispenses coins, cash, tokens, or anything else of value, except the ticket voucher. The term does not include any device authorized for use in the conducting of charitable gaming.

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Waiver. A modification specified as appropriate in this UDC when/if specific conditions exist, able to be approved by the director of planning, city engineer, or director of public operations in accordance with the provisions of this UDC. A request for a waiver may require that additional information, detail, evidence, or expert testimony be submitted prior to consideration or approval.

Weekday. Any day, Monday through Friday, that is not a legal holiday.

Wholesaling. The storage and sale of goods or wastes for the purpose of further sale to a distributor or retail merchant. Wholesaling shall not include final sales to the public, which shall be considered retailing.

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Yard. A required open space unoccupied and unobstructed by any structure or portion of a structure from six inches above the general ground level of the graded lot upward; provided, however, that fences and walls may be permitted in any yard subject to height limitations as indicated herein.

Yard, front. That part of a lot between the front lot line and the front(s) of the principal building on the lot and extending to both side lot lines. In case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages.

Yard, front depth. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost points of the side lot lines, in the case of rounded property corners at street intersections shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel.

Yard, rear. That part of a lot between the rear lot line and the back(s) of the principal building on the lot and extended to both side lot lines.

Yard, rear depth. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.

Yard, side. The part of a lot not surrounded by the building and not in the front or rear yard.

Yard, side width. Width of required side yards shall measure at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. This inner side yard line of the required side yard shall be parallel to the straight line so established.

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