- MODIFICATIONS AND EXCEPTIONS
Notwithstanding anything in this Appendix A (zoning ordinance) of the Code to the contrary, a mobile food service qualified and permitted under Article III of Chapter 8 of the Code shall be permitted to operate within the city under the terms and conditions set forth in said Article III of Chapter 8 of the Code, and subject to the penalty provisions referenced therein.
(Ord. No. 4044, § II, 9-28-2021)
The minimum lot size requirement, part 2, zoning schedule notwithstanding, a single-family detached dwelling and its accessory buildings may be erected on any lot of record as follows:
(a)
Construction of single-family detached dwellings and accessory buildings on lots having a lot width of at least 50 feet, or a combination of lots having a combined lot width of at least 50 feet. Construction of single-family detached dwelling and accessory buildings is permitted on such lots.
(b)
Construction of single-family detached dwellings and accessory buildings on lots having a lot width of less than 50 feet or a combination of lots having a combined lot width of less than 50 feet. Construction of single-family detached dwelling and accessory buildings on such lots is permitted only if the owner of such lot or lots or his ancestors in title owned no other contiguous property on the effective date of this ordinance which could be combined with such lot or lots to provide a lot with a lot width of at least 50 feet.
(c)
Any dwelling erected as permitted under this section must:
(1)
Be a single-family detached dwelling, unless the lot is located in a zoning district which permits other than a single-family detached dwelling and the lot is sufficient in area to meet the minimum requirements for the zoning district.
(2)
Be placed on the lot or lots so as to provide a yard on each side of the dwelling.
(3)
The sum of the widths of the two side yards on such lots shall not be less than the smaller of (a) 25 percent of the widths of the lot or combined lots or (b) the minimum total for both side yards prescribed by the regulations of said zoning district; and
(4)
No side yard shall be less than three feet.
(5)
Front and rear yards shall meet the regulations of said zoning district.
(d)
When restrictions of record are in conflict with the zoning ordinance, the ordinance shall not negate the restrictions of record, however, the more restrictive of the zoning law for the zoning class in question or the preceding part of this section, if applicable, or the restrictions of record, shall apply, but if it shall not be the duty of the building official to enforce the restrictions of record.
(Ord. No. 1740, 7-24-1984; Ord. No. 1770, 12-11-1984)
The height regulations as stated in this ordinance with the exception of the airport hazards covered in section 2.1405 shall not apply to:
(1)
Churches, schools, hospitals, sanitariums, public and semipublic; public service buildings and institutions. There shall be no restrictions on the height of such buildings and institutions, except in airport approach and transition zones. There shall be no restrictions on the height of such buildings, provided the front, side, and rear yards required in the district in which such building is to be located shall be increased an additional one foot for each foot of height that the building exceeds the maximum height permitted in such districts.
(2)
Barns, silos, and other farm structures when located on farms; belfries; cupolas; domes, flagpoles and monuments; water towers; transmission towers; windmills; chimneys; smokestacks; radio towers; waste and aerial conveyors; fire towers; and oil derricks.
(3)
Bulkheads, elevator penthouses; water tanks; cooling towers; scenery lofts; and similar structures provided that such structures shall cover not more than 25 percent of the total roof area of the building of which such structure is located.
(4)
Compensating bulk with open space. In any district any main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located, provided that each required front, side and rear yard is increased one foot for each one foot of such excess height.
(Ord. No. 3373, 2-13-2007)
10.401
Detached carport and accessory buildings.
(a)
Front yard. Carports, garages, and accessory buildings are not allowed in front yards.
(b)
Side yards. Every projection of the accessory structure shall be at least three feet from the side lot lines. Accessory buildings shall not encroach into servitudes or easements unless written permission is granted from those persons, corporations, agencies, or governmental agencies having rights to the servitude or easement.
(c)
Rear yards. Every projection of the accessory structure shall be at least five feet from the rear lot line. Accessory buildings shall not encroach into servitudes or easements unless written permission is granted from those persons, corporations, agencies, or governmental agencies having rights to the servitude or easement.
(d)
An accessory building shall not exceed 16 feet in height and shall not occupy more than 25 percent of the rear yard.
(e)
A copy of a plat of survey showing all existing buildings on the lot or parcel of land where the accessory building is to be located shall be submitted with the required building permit application.
(f)
Building permits shall be required for all accessory buildings; however, a permit fee shall not be charged for a detached accessory building having less than 100 square feet of area unless such structure will have plumbing or electricity.
(g)
Snowball stands not exceeding 250 square feet in area shall be permitted in C-2, C-3, C-4, or C-6 zoning districts upon any conforming or nonconforming lot, development site, or parcel, provided that they conform with the following regulations:
(1)
The structure shall not encroach upon any required planting areas.
(2)
All such structures shall be setback at least ten feet from any lot line that abuts a public street right-of-way.
(3)
Off-street parking shall not be required; however, if provided, it may be surfaced with shells rather than a hard surface.
(4)
Any building used to house a snowball business that does not meet the requirements of sections 4.2, 4.220, 2.2209, 2.2210, 2.2211, 2.2513, 2.2514, and 2.2515 of the zoning ordinance shall be considered temporary in nature and shall not be occupied or used for purpose between October 15th and March 15th.
(5)
Any snowball stand that is permitted by this section may not be used to sell any item other than snowballs and ice cream items.
(6)
The only signs permitted are those that will be attached to the building provided that they do not violate the applicable sections of the sign ordinance.
10.401.1
Attached carport and accessory buildings.
(a)
Attached carports, garages, and accessory buildings and uses shall meet the required front yard, side yard, and rear yard setbacks of the zoning district in which they are located.
(b)
A copy of a plat of survey showing all existing buildings on the lot or parcel of land where the accessory building is to be located shall be submitted with the required building permit application.
10.402
Swimming pools. The following setback requirements shall apply to swimming pools:
(a)
Front yard. Swimming pools are not allowed in front yards.
(b)
Side yards. The inside wall of the swimming pool shall not be closer than five feet from a side lot line. Pools shall not encroach into servitudes or easements unless permission is granted from owner or lessee of the servitude or easement.
(c)
Rear yards. The inside wall of the swimming pool shall not be closer than five feet from any lot line. Pools shall not encroach into servitudes or easements unless permission is granted from owner or lessee of the servitude or easement.
10.403
Communications, television and radio antenna or towers and satellite dishes.
(a)
Communications, television and radio antennas or towers including satellite dish antennas and supporting structures servicing only the occupants of the lot where the structure is located are permitted uses in residentially zoned districts in side and rear yard areas and rooftops, provided that they conform with the following criteria:
(1)
Any antenna or tower structure exceeding ten feet in height, or dish antenna having a diameter exceeding four feet shall be prohibited from being mounted on any roof. These regulations shall not prohibit the practice of anchoring a freestanding tower or structure adjacent to a building.
(2)
No freestanding television or radio antenna or tower shall exceed a height of 45 feet from the top of the foundation of the principal structure on the lot where installed except this restriction shall not apply to radio towers for licensed amateur radio stations, for which a building permit has been obtained, or to a church duly incorporated as a nonprofit tax exempt corporation provided that its towers or antennas shall not exceed 115 feet, and have a set back of 1½ times the height of the tower from any residential lot line.
(3)
All antenna structures and satellite dishes, including their anchorage and similar supportive structures, shall be at least three feet from any side lot line and five feet from a rear lot line, except that support anchors may extend across lot lines where the owner of the tower has secured a valid easement/servitude for placement of anchoring structures on adjacent property and where such anchoring devices do not encroach upon or over public rights-of-way and/or public utility or drainage easements.
(4)
A dish antenna exceeding four feet in diameter shall not exceed an overall height of 20 feet from the ground around the base of the dish. Dishes less than four feet in diameter may project to a maximum height of 45 feet.
(5)
Building permits shall not be required for antenna structures less than ten feet in height or dish antennas having a diameter less than four feet. A building permit shall be required but no fee charged for antenna structures between ten and 20 feet in height or dish antennas between four feet and 12 feet in diameter. A building permit and fees shall be charged for any structure exceeding 20 feet in height or any dish antenna exceeding 12 feet in diameter. Roof-mounted structures shall be firmly secured to the roof and meet wind resistance standards.
(6)
An application for a building permit must include construction specifications; a plot plan showing the location of the proposed structure, except when such structure is mounted on a roof and an approved structural analysis, when it is deemed necessary by the building official. Manufacturer's specifications may be accepted for premanufactured structures.
(7)
Satellite antennas measuring four feet or less in diameter may be attached to the main structure in the rear, side and front yard or may be free standing in the rear or side yard. No antenna may be attached to any tree.
(b)
Communications, television and radio antennas or towers for commercial use or providing service to users beyond the lot where the structure is installed are permitted uses in commercial and industrial zoned districts in rear and side yard areas, provided that they conform with the following criteria:
(1)
No structure may extend beyond the lot line or encroach upon or extend over any required landscape areas or buffer zone, except that support anchors may extend across lot lines where the owner of the tower has secured a valid easement/servitude for placement of anchoring structures on adjacent property and where such anchoring devices do not encroach upon or over public rights-of-way and/or public utility or drainage easements.
(2)
All installations shall conform with section 10.403(a)(5) and (a)(6).
(3)
Where these regulations conflict with applicable FCC regulations, the FCC regulations shall prevail.
(c)
Where this ordinance conflicts with any other section of the zoning ordinance, this ordinance shall prevail.
10.404
Unattended donation/collection boxes.
(a)
Purpose. The purpose of these regulations is to promote the health, safety, and/or welfare of the public by providing minimum blight-related performance standards for the operation of unattended donation/collection boxes (UDCBs) and to limit potential negative impacts to nearby properties and public spaces.
(b)
Permit required for UDCBs.
(1)
It is unlawful to place, operate, maintain, or allow an UDCB on any real property unless the operator first obtains an annual UDCB permit from the city.
(2)
A separate UDCB permit is required for each UDCB.
(3)
The UDCB permit applicant must be the UDCB operator and the permit cannot be transferred, conveyed, or otherwise assigned to another location, person, or entity without first submitting an updated UDCB permit application, and payment of applicable fee(s).
(4)
The planning director is hereby granted the authority to review and perform all decision-making regarding the issuance of UDCB permits under this section, along with any other authority granted the Planning direction under this section, and code enforcement officials are hereby authorized to perform investigative actions regarding UDCB operations on behalf of the city.
(c)
Permit application requirements. The UDCB permit application must be made and executed on a form provided by the department of planning. All applications and fees shall be filed with the department of planning and must include:
(1)
A non-refundable application fee as listed in appendix F of this Code;
(2)
An authorization from the parcel owner, or an authorized agent, to allow placement of the UDCB;
(3)
An agreement that the parcel owner, any authorizing lessee, and the UDCB operator will abide by all the processes and requirements described in this section and will be solidarily liable for all violations and compliance obligations hereunder;
(4)
Evidence of a valid occupational license by the UDCB operator from the City of Slidell and proof of registration to do business in Louisiana with the Louisiana Secretary of State;
(5)
The name, office physical address, email, website (if available) and telephone number of the UDCB operator, any authorizing lessee, and parcel owner, including 24-hour contact information for the operator. Contact information provided may be relied upon and used by the city for service of notices and citations;
(6)
Photograph(s) of the proposed location;
(7)
A site plan containing:
i.
Location and dimensions of all parcel boundaries;
ii.
Proposed UDCB location;
iii.
Identification of the primary structure to which the UDCB is accessory;
iv.
Location of applicable front and side yard required setbacks per zoning district regulations;
v.
Location of all buildings;
vi.
Distance between the proposed UDCB, setbacks, parcel lines, and buildings; and
vii.
Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement, and striping/marking;
(8)
Elevations showing the appearance, materials, and dimensions of all sides and top of the UDCB, including the information required in this section to be placed on the UDCB and notice sign;
(9)
A description and/or diagram of the proposed locking mechanism of the UDCB;
(10)
A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the UDCB) that is sufficient to prevent/eliminate trash and debris in the vicinity of the UDCB;
(11)
A severe weather acknowledgement that it shall be the responsibility of the owner of the property upon which the UDCB is located and the UDCB operator to remove or sufficiently secure the UDCB in the event of any of the following National Weather Service Advisories, Watches, and Warnings for St Tammany Parish: Wind Advisory, Severe Thunderstorm Watch, High Wind Watch, Tornado Watch, High Wind Warning, Severe Thunderstorm Warning, Tornado Warning, Tropical Storm Warning, Hurricane Watch, and Hurricane Warning; and
(12)
Proposed UDCBs must otherwise meet the requirements of this section.
(d)
Location and density.
(1)
Every UDCB must be located at least 1,000 feet away from any other UDCB, measured in radial distance.
(2)
Only one UDCB is allowed per parcel.
(3)
The total number of active UDCB permits within the city for each fiscal year, from July 1 through June 30, shall be capped at the number coinciding with the total number of square land miles within the city (whole numbers only) or 15, whichever number is greater. Of this number, and no operator shall have more than seven active UDCB permits.
(4)
UDCBs are only permitted on parcels zoned within the C-2, C-4, C-6, and M-2 districts. Only one UDCB per operator is permitted to be placed within each of the city's seven major commercial corridors: Old Spanish Trail, Pontchartrain Drive, Gause Boulevard, Gause Boulevard West, Gause Boulevard East, Robert Boulevard, and Northshore Boulevard/Airport Road.
(5)
Each UDCB is only permitted on a lot that also contains a principal building that contains at least one operating business or other ongoing activity. No UDCB shall be located on an unimproved parcel or lot.
(6)
UDCBs may not be placed within the following locations:
i.
Within 100 feet from a residentially zoned district;
ii.
Within 300 feet of a historic district, public park, or school playground boundary;
iii.
Within the public right-of-way;
iv.
Within 50 feet of any street or public thoroughfare;
v.
Within the required front and side yard setback, or ten feet from any property line, whichever is further;
vi.
Any required site features, parking spaces, site and/or parking lot landscaping areas; or
vii.
Within 300 feet of any place that stores or sells fuel or other flammable liquids or gases.
(7)
UDCBs cannot block or impede access to:
i.
Required parking or driveways;
ii.
Sight triangles;
iii.
Pedestrian routes;
iv.
Emergency vehicle routes;
v.
Building ingress and egress;
vi.
Required handicapped accessibility routes;
vii.
Required easements; or
viii.
Trash enclosure areas or access to trash bins/trash enclosures.
(8)
UDCBs cannot impede the functioning of exhaust, ventilation, or fire extinguishing systems.
(9)
No more than one UDCB will be permitted per parcel. Should an increased volume of items be delivered to the site, operators must make accommodations to the collection schedule and frequency to avoid an overfilled UDCB.
(10)
The donation/collection area must be visible from the principal building.
(e)
Physical attributes. UDCBs shall:
(1)
Be fabricated of durable and waterproof materials;
(2)
Be placed on ground that is paved with impermeable material;
(3)
Have a collection opening that has a tamper-resistant locking mechanism;
(4)
Not cover more than 25 square feet in floor area and a maximum of 84 inches in height;
(5)
Not be electrically or hydraulically powered or otherwise mechanized;
(6)
Not be a fixture of the site or considered an improvement to real property; and
(7)
Have the following information conspicuously displayed on a minimum of two (2) sides with all lettering in at least two-inch (2") type clearly visible on the UDCB:
i.
The name, telephone number, email address, and, if available, the Internet Web address of the UDCB operator(s);
ii.
The type of material that may be deposited;
iii.
A clear notice stating that all material must be deposited within the UDCB and that placement of items outside the bin is illegal; and
iv.
A city approved identification system that identifies the box as being properly permitted by the city.
(f)
Requirements for the approval of an UDCB permit. The Planning Director or his/her designee shall issue an UDCB permit when all of the following conditions are true:
(1)
The applicant has submitted a complete and accurate application accompanied by the applicable fee;
(2)
There are no open citations, unpaid fines, or unresolved violations related to any UDCB managed by the proposed operator;
(3)
All existing UDCBs that are managed by the proposed operator and are not eligible for a permit have been removed;
(4)
Any verified litter, trash, or debris on the subject property has been abated and any case of a complaint to the city regarding litter, trash, or debris on the subject property have been addressed;
(5)
The operator does not have a history of nuisance violations for UDCBs that were not timely abated by the operator consistent with subsection k(1). For the purpose of this subsection, a history of nuisance violations for UDCBs that were not timely abated means three verified property maintenance violations in the previous 12 months that were not timely abated by the operator consistent with subsection k(1); and
(6)
The proposal otherwise meets all the requirements of this section.
(g)
Time limit for final decision. The Planning Director or his/her designee shall either approve or deny the UDCB permit within 30 days of receipt of the complete application and payment of the fee. The failure of the Department of Planning to act within this timeframe will constitute approval of the UDCB permit.
(h)
Appeal and petition processes. Any appeal of a decision of the Planning Direction under this section must be made to the Board of Adjustment as per Appendix A, Part 7. Such appeal must be filed within 10 calendar days after the date of the decision.
(i)
UDCB permit expiration.
(1)
Each UDCB permit will expire and become null and void at 11:59 p.m. on June 30.
(2)
An UDCB operator may apply for a new permit for each of its UDCBs for the fiscal year starting July 1 by submitting an application to the Department of Planning prior to the expiration of its active UDCB permit(s), but not earlier than June 1.
(j)
Maintenance.
(1)
No litter, trash, or debris can be within 20 feet of the UDCB including, but not limited to, donation/collection overflow, stacked debris or donations, and other dumped material.
(2)
UDCBs must be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
(3)
No major repairs or overhaul work on such collection bin, or any other work performed thereon which would constitute a nuisance under existing ordinances, shall be made or performed on the site;
(4)
UDCBs must be serviced not less than weekly. Servicing includes the removal of donated/collected material and removal of graffiti, trash, litter, or other dumped debris (for which the operator has not yet received a notice of violation).
(5)
The UDCB operator must maintain an active email address and a 24-hour telephone service with recording capability for the public to report issues.
(6)
UDCBs cannot be used for the collection of solid waste and/or any hazardous materials.
(7)
UDCBs cannot be used for camping, living, or other residential activities.
(k)
Compliance process.
(1)
Whenever the building official determines that an UDCB with a valid permit does not conform to any requirement in this section, he or she shall promptly notify the parcel owner and the UDCB operator through electronic mail or telephone of the violation. The violation must be abated by the operator and proof of such submitted to the city within 24 hours after sending of such notification.
(2)
If an unpermitted UDCB is not within a permissible geographic area according to section 10.404(d), then both the UDCB and any graffiti, trash, debris, or dumped materials within 20 feet of the UDCB must be removed within 24 hours after the parcel owner or operator is notified of the violation.
(3)
If an unpermitted UDCB is within a permissible geographic area according to section 10.404(d), then any graffiti, trash, debris, or dumped materials within 20 feet of the site must be removed and the parcel owner or UDCB operator shall either: 1) apply for all UDCB permits required by this section by the next city business day from the notice of violation; or 2) remove the UDCB within 24 hours from the notice of violation.
(4)
The operation or maintenance of an unpermitted UDCB may be abated or summarily abated by the city in any manner authorized by this Code or otherwise by law for the abatement of nuisances. All costs incurred by the city in connection with any action to abate a UDCB nuisance will be borne by the property owner.
(l)
Revocation of permits, removal of a UDCB and liability.
(1)
The planning director or their designee has the authority to revoke any UDCB permit issued hereunder if the permit holder fails to comply with the provisions of this section, this Code, or other law.
(2)
The planning director shall provide a written notification to the permit holder stating the specific grounds for revocation.
(3)
Upon revocation, the UDCB must be removed from the property within 10 calendar days and, if not removed within this time period, the city may remove, store, and dispose of the UDCB at the permit holder's sole cost and expense.
(4)
Upon revocation, the operator under the revoked permit will be prohibited from applying for a UDCB permit for a period of one year.
(5)
The property owner or owner's agent or authorized lessee has the right to rescind consent for an UDCB to be placed on their property.
(m)
Penalties.
(1)
Any violation of any provision of this section that is not abated by the operator consistent with subsection k(1) is a public nuisance subject to city abatement pursuant to this Code or as otherwise permitted by law.
(2)
Each day that a violation of a requirement of this section is not abated by the operator consistent with subsection k(1) constitutes a new and separate offense.
(3)
Once this ordinance is adopted and the initial compliance period has completed, whoever violates the provisions of this section will be fined $500.00 per day for each violation.
(4)
If a UDCB operator is found to violate the requirements of this section, the UDCB operator may have all business licenses revoked by the city in addition to the above-stated penalties during any period of ineligibility for a UDCB permit.
(n)
Exceptions.
(1)
Book boxes and food pantries are excepted from any permit requirement when placed on private property by the owner or with the owner's permission and meet the following requirements:
i.
The base of the storage box must be no greater than 18 inches by 18 inches.
ii.
There is no fee for the exchange.
iii.
The storage box is secured to a post with concrete footing or to the vertical wall of an existing structure.
(2)
This exception shall not apply to any free exchange containers, equipment, or appliances which require electricity for operation.
(o)
Severability. Should any provision of this section be deemed illegal or otherwise unenforceable by a court of competent jurisdiction, only that specific provision shall not be enforced, and all other sections and provisions shall remain in full force and effect.
(Ord. No. 1494, 3-23-1982; Ord. No. 1518, 6-22-1982; Ord. No. 2016, 10-14-1986; Ord. No. 2019, 10-28-1986; Ord. No. 2108, 5-26-1987; Ord. No. 2116, 7-28-1987; Ord. No. 2136, 9-22-1987; Ord. No. 2164, 2-23-1988; Ord. No. 3172, 3-9-2004; Ord. No. 4189, 8-27-2024)
Existing railroads may continue to operate and be maintained in dwelling and commercial districts. Mineral deposits may be mined, but residential areas shall be protected as set forth under section 2.1.
10.601
Yard regulations. Where the yard regulations cannot be reasonably complied with or
their application determined on lots of peculiar shape, location, or topography, such
regulations may be modified by the board of adjustment.
10.602
Setback; side yard waived. For the purpose of side yard regulations, the following
dwellings with common party walls shall be considered as one building occupying one
lot: Semidetached dwellings, row dwellings, and apartments.
10.603
Projections into yard: Cornices, sills, eaves, belt courses, chimney, unroofed platforms,
landings, steps, or balconies may extend or project into a required yard two feet.
In no case may any part of the projection extend closer than three feet to any property
line. This is not to be construed to include air conditioning compressors or any other
similar accessory equipment.
(Ord. No. 3130, 6-10-2003)
Agricultural use is exempt from permits except when in or within 150 feet of residential zones A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8, A-9 in which case area regulation requirements in force in the district the agricultural use is in or nearest to shall apply; however, construction of residences on farm properties are not exempt from permits.
(Ord. No. 4106, 11-29-2022)
- MODIFICATIONS AND EXCEPTIONS
Notwithstanding anything in this Appendix A (zoning ordinance) of the Code to the contrary, a mobile food service qualified and permitted under Article III of Chapter 8 of the Code shall be permitted to operate within the city under the terms and conditions set forth in said Article III of Chapter 8 of the Code, and subject to the penalty provisions referenced therein.
(Ord. No. 4044, § II, 9-28-2021)
The minimum lot size requirement, part 2, zoning schedule notwithstanding, a single-family detached dwelling and its accessory buildings may be erected on any lot of record as follows:
(a)
Construction of single-family detached dwellings and accessory buildings on lots having a lot width of at least 50 feet, or a combination of lots having a combined lot width of at least 50 feet. Construction of single-family detached dwelling and accessory buildings is permitted on such lots.
(b)
Construction of single-family detached dwellings and accessory buildings on lots having a lot width of less than 50 feet or a combination of lots having a combined lot width of less than 50 feet. Construction of single-family detached dwelling and accessory buildings on such lots is permitted only if the owner of such lot or lots or his ancestors in title owned no other contiguous property on the effective date of this ordinance which could be combined with such lot or lots to provide a lot with a lot width of at least 50 feet.
(c)
Any dwelling erected as permitted under this section must:
(1)
Be a single-family detached dwelling, unless the lot is located in a zoning district which permits other than a single-family detached dwelling and the lot is sufficient in area to meet the minimum requirements for the zoning district.
(2)
Be placed on the lot or lots so as to provide a yard on each side of the dwelling.
(3)
The sum of the widths of the two side yards on such lots shall not be less than the smaller of (a) 25 percent of the widths of the lot or combined lots or (b) the minimum total for both side yards prescribed by the regulations of said zoning district; and
(4)
No side yard shall be less than three feet.
(5)
Front and rear yards shall meet the regulations of said zoning district.
(d)
When restrictions of record are in conflict with the zoning ordinance, the ordinance shall not negate the restrictions of record, however, the more restrictive of the zoning law for the zoning class in question or the preceding part of this section, if applicable, or the restrictions of record, shall apply, but if it shall not be the duty of the building official to enforce the restrictions of record.
(Ord. No. 1740, 7-24-1984; Ord. No. 1770, 12-11-1984)
The height regulations as stated in this ordinance with the exception of the airport hazards covered in section 2.1405 shall not apply to:
(1)
Churches, schools, hospitals, sanitariums, public and semipublic; public service buildings and institutions. There shall be no restrictions on the height of such buildings and institutions, except in airport approach and transition zones. There shall be no restrictions on the height of such buildings, provided the front, side, and rear yards required in the district in which such building is to be located shall be increased an additional one foot for each foot of height that the building exceeds the maximum height permitted in such districts.
(2)
Barns, silos, and other farm structures when located on farms; belfries; cupolas; domes, flagpoles and monuments; water towers; transmission towers; windmills; chimneys; smokestacks; radio towers; waste and aerial conveyors; fire towers; and oil derricks.
(3)
Bulkheads, elevator penthouses; water tanks; cooling towers; scenery lofts; and similar structures provided that such structures shall cover not more than 25 percent of the total roof area of the building of which such structure is located.
(4)
Compensating bulk with open space. In any district any main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located, provided that each required front, side and rear yard is increased one foot for each one foot of such excess height.
(Ord. No. 3373, 2-13-2007)
10.401
Detached carport and accessory buildings.
(a)
Front yard. Carports, garages, and accessory buildings are not allowed in front yards.
(b)
Side yards. Every projection of the accessory structure shall be at least three feet from the side lot lines. Accessory buildings shall not encroach into servitudes or easements unless written permission is granted from those persons, corporations, agencies, or governmental agencies having rights to the servitude or easement.
(c)
Rear yards. Every projection of the accessory structure shall be at least five feet from the rear lot line. Accessory buildings shall not encroach into servitudes or easements unless written permission is granted from those persons, corporations, agencies, or governmental agencies having rights to the servitude or easement.
(d)
An accessory building shall not exceed 16 feet in height and shall not occupy more than 25 percent of the rear yard.
(e)
A copy of a plat of survey showing all existing buildings on the lot or parcel of land where the accessory building is to be located shall be submitted with the required building permit application.
(f)
Building permits shall be required for all accessory buildings; however, a permit fee shall not be charged for a detached accessory building having less than 100 square feet of area unless such structure will have plumbing or electricity.
(g)
Snowball stands not exceeding 250 square feet in area shall be permitted in C-2, C-3, C-4, or C-6 zoning districts upon any conforming or nonconforming lot, development site, or parcel, provided that they conform with the following regulations:
(1)
The structure shall not encroach upon any required planting areas.
(2)
All such structures shall be setback at least ten feet from any lot line that abuts a public street right-of-way.
(3)
Off-street parking shall not be required; however, if provided, it may be surfaced with shells rather than a hard surface.
(4)
Any building used to house a snowball business that does not meet the requirements of sections 4.2, 4.220, 2.2209, 2.2210, 2.2211, 2.2513, 2.2514, and 2.2515 of the zoning ordinance shall be considered temporary in nature and shall not be occupied or used for purpose between October 15th and March 15th.
(5)
Any snowball stand that is permitted by this section may not be used to sell any item other than snowballs and ice cream items.
(6)
The only signs permitted are those that will be attached to the building provided that they do not violate the applicable sections of the sign ordinance.
10.401.1
Attached carport and accessory buildings.
(a)
Attached carports, garages, and accessory buildings and uses shall meet the required front yard, side yard, and rear yard setbacks of the zoning district in which they are located.
(b)
A copy of a plat of survey showing all existing buildings on the lot or parcel of land where the accessory building is to be located shall be submitted with the required building permit application.
10.402
Swimming pools. The following setback requirements shall apply to swimming pools:
(a)
Front yard. Swimming pools are not allowed in front yards.
(b)
Side yards. The inside wall of the swimming pool shall not be closer than five feet from a side lot line. Pools shall not encroach into servitudes or easements unless permission is granted from owner or lessee of the servitude or easement.
(c)
Rear yards. The inside wall of the swimming pool shall not be closer than five feet from any lot line. Pools shall not encroach into servitudes or easements unless permission is granted from owner or lessee of the servitude or easement.
10.403
Communications, television and radio antenna or towers and satellite dishes.
(a)
Communications, television and radio antennas or towers including satellite dish antennas and supporting structures servicing only the occupants of the lot where the structure is located are permitted uses in residentially zoned districts in side and rear yard areas and rooftops, provided that they conform with the following criteria:
(1)
Any antenna or tower structure exceeding ten feet in height, or dish antenna having a diameter exceeding four feet shall be prohibited from being mounted on any roof. These regulations shall not prohibit the practice of anchoring a freestanding tower or structure adjacent to a building.
(2)
No freestanding television or radio antenna or tower shall exceed a height of 45 feet from the top of the foundation of the principal structure on the lot where installed except this restriction shall not apply to radio towers for licensed amateur radio stations, for which a building permit has been obtained, or to a church duly incorporated as a nonprofit tax exempt corporation provided that its towers or antennas shall not exceed 115 feet, and have a set back of 1½ times the height of the tower from any residential lot line.
(3)
All antenna structures and satellite dishes, including their anchorage and similar supportive structures, shall be at least three feet from any side lot line and five feet from a rear lot line, except that support anchors may extend across lot lines where the owner of the tower has secured a valid easement/servitude for placement of anchoring structures on adjacent property and where such anchoring devices do not encroach upon or over public rights-of-way and/or public utility or drainage easements.
(4)
A dish antenna exceeding four feet in diameter shall not exceed an overall height of 20 feet from the ground around the base of the dish. Dishes less than four feet in diameter may project to a maximum height of 45 feet.
(5)
Building permits shall not be required for antenna structures less than ten feet in height or dish antennas having a diameter less than four feet. A building permit shall be required but no fee charged for antenna structures between ten and 20 feet in height or dish antennas between four feet and 12 feet in diameter. A building permit and fees shall be charged for any structure exceeding 20 feet in height or any dish antenna exceeding 12 feet in diameter. Roof-mounted structures shall be firmly secured to the roof and meet wind resistance standards.
(6)
An application for a building permit must include construction specifications; a plot plan showing the location of the proposed structure, except when such structure is mounted on a roof and an approved structural analysis, when it is deemed necessary by the building official. Manufacturer's specifications may be accepted for premanufactured structures.
(7)
Satellite antennas measuring four feet or less in diameter may be attached to the main structure in the rear, side and front yard or may be free standing in the rear or side yard. No antenna may be attached to any tree.
(b)
Communications, television and radio antennas or towers for commercial use or providing service to users beyond the lot where the structure is installed are permitted uses in commercial and industrial zoned districts in rear and side yard areas, provided that they conform with the following criteria:
(1)
No structure may extend beyond the lot line or encroach upon or extend over any required landscape areas or buffer zone, except that support anchors may extend across lot lines where the owner of the tower has secured a valid easement/servitude for placement of anchoring structures on adjacent property and where such anchoring devices do not encroach upon or over public rights-of-way and/or public utility or drainage easements.
(2)
All installations shall conform with section 10.403(a)(5) and (a)(6).
(3)
Where these regulations conflict with applicable FCC regulations, the FCC regulations shall prevail.
(c)
Where this ordinance conflicts with any other section of the zoning ordinance, this ordinance shall prevail.
10.404
Unattended donation/collection boxes.
(a)
Purpose. The purpose of these regulations is to promote the health, safety, and/or welfare of the public by providing minimum blight-related performance standards for the operation of unattended donation/collection boxes (UDCBs) and to limit potential negative impacts to nearby properties and public spaces.
(b)
Permit required for UDCBs.
(1)
It is unlawful to place, operate, maintain, or allow an UDCB on any real property unless the operator first obtains an annual UDCB permit from the city.
(2)
A separate UDCB permit is required for each UDCB.
(3)
The UDCB permit applicant must be the UDCB operator and the permit cannot be transferred, conveyed, or otherwise assigned to another location, person, or entity without first submitting an updated UDCB permit application, and payment of applicable fee(s).
(4)
The planning director is hereby granted the authority to review and perform all decision-making regarding the issuance of UDCB permits under this section, along with any other authority granted the Planning direction under this section, and code enforcement officials are hereby authorized to perform investigative actions regarding UDCB operations on behalf of the city.
(c)
Permit application requirements. The UDCB permit application must be made and executed on a form provided by the department of planning. All applications and fees shall be filed with the department of planning and must include:
(1)
A non-refundable application fee as listed in appendix F of this Code;
(2)
An authorization from the parcel owner, or an authorized agent, to allow placement of the UDCB;
(3)
An agreement that the parcel owner, any authorizing lessee, and the UDCB operator will abide by all the processes and requirements described in this section and will be solidarily liable for all violations and compliance obligations hereunder;
(4)
Evidence of a valid occupational license by the UDCB operator from the City of Slidell and proof of registration to do business in Louisiana with the Louisiana Secretary of State;
(5)
The name, office physical address, email, website (if available) and telephone number of the UDCB operator, any authorizing lessee, and parcel owner, including 24-hour contact information for the operator. Contact information provided may be relied upon and used by the city for service of notices and citations;
(6)
Photograph(s) of the proposed location;
(7)
A site plan containing:
i.
Location and dimensions of all parcel boundaries;
ii.
Proposed UDCB location;
iii.
Identification of the primary structure to which the UDCB is accessory;
iv.
Location of applicable front and side yard required setbacks per zoning district regulations;
v.
Location of all buildings;
vi.
Distance between the proposed UDCB, setbacks, parcel lines, and buildings; and
vii.
Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement, and striping/marking;
(8)
Elevations showing the appearance, materials, and dimensions of all sides and top of the UDCB, including the information required in this section to be placed on the UDCB and notice sign;
(9)
A description and/or diagram of the proposed locking mechanism of the UDCB;
(10)
A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the UDCB) that is sufficient to prevent/eliminate trash and debris in the vicinity of the UDCB;
(11)
A severe weather acknowledgement that it shall be the responsibility of the owner of the property upon which the UDCB is located and the UDCB operator to remove or sufficiently secure the UDCB in the event of any of the following National Weather Service Advisories, Watches, and Warnings for St Tammany Parish: Wind Advisory, Severe Thunderstorm Watch, High Wind Watch, Tornado Watch, High Wind Warning, Severe Thunderstorm Warning, Tornado Warning, Tropical Storm Warning, Hurricane Watch, and Hurricane Warning; and
(12)
Proposed UDCBs must otherwise meet the requirements of this section.
(d)
Location and density.
(1)
Every UDCB must be located at least 1,000 feet away from any other UDCB, measured in radial distance.
(2)
Only one UDCB is allowed per parcel.
(3)
The total number of active UDCB permits within the city for each fiscal year, from July 1 through June 30, shall be capped at the number coinciding with the total number of square land miles within the city (whole numbers only) or 15, whichever number is greater. Of this number, and no operator shall have more than seven active UDCB permits.
(4)
UDCBs are only permitted on parcels zoned within the C-2, C-4, C-6, and M-2 districts. Only one UDCB per operator is permitted to be placed within each of the city's seven major commercial corridors: Old Spanish Trail, Pontchartrain Drive, Gause Boulevard, Gause Boulevard West, Gause Boulevard East, Robert Boulevard, and Northshore Boulevard/Airport Road.
(5)
Each UDCB is only permitted on a lot that also contains a principal building that contains at least one operating business or other ongoing activity. No UDCB shall be located on an unimproved parcel or lot.
(6)
UDCBs may not be placed within the following locations:
i.
Within 100 feet from a residentially zoned district;
ii.
Within 300 feet of a historic district, public park, or school playground boundary;
iii.
Within the public right-of-way;
iv.
Within 50 feet of any street or public thoroughfare;
v.
Within the required front and side yard setback, or ten feet from any property line, whichever is further;
vi.
Any required site features, parking spaces, site and/or parking lot landscaping areas; or
vii.
Within 300 feet of any place that stores or sells fuel or other flammable liquids or gases.
(7)
UDCBs cannot block or impede access to:
i.
Required parking or driveways;
ii.
Sight triangles;
iii.
Pedestrian routes;
iv.
Emergency vehicle routes;
v.
Building ingress and egress;
vi.
Required handicapped accessibility routes;
vii.
Required easements; or
viii.
Trash enclosure areas or access to trash bins/trash enclosures.
(8)
UDCBs cannot impede the functioning of exhaust, ventilation, or fire extinguishing systems.
(9)
No more than one UDCB will be permitted per parcel. Should an increased volume of items be delivered to the site, operators must make accommodations to the collection schedule and frequency to avoid an overfilled UDCB.
(10)
The donation/collection area must be visible from the principal building.
(e)
Physical attributes. UDCBs shall:
(1)
Be fabricated of durable and waterproof materials;
(2)
Be placed on ground that is paved with impermeable material;
(3)
Have a collection opening that has a tamper-resistant locking mechanism;
(4)
Not cover more than 25 square feet in floor area and a maximum of 84 inches in height;
(5)
Not be electrically or hydraulically powered or otherwise mechanized;
(6)
Not be a fixture of the site or considered an improvement to real property; and
(7)
Have the following information conspicuously displayed on a minimum of two (2) sides with all lettering in at least two-inch (2") type clearly visible on the UDCB:
i.
The name, telephone number, email address, and, if available, the Internet Web address of the UDCB operator(s);
ii.
The type of material that may be deposited;
iii.
A clear notice stating that all material must be deposited within the UDCB and that placement of items outside the bin is illegal; and
iv.
A city approved identification system that identifies the box as being properly permitted by the city.
(f)
Requirements for the approval of an UDCB permit. The Planning Director or his/her designee shall issue an UDCB permit when all of the following conditions are true:
(1)
The applicant has submitted a complete and accurate application accompanied by the applicable fee;
(2)
There are no open citations, unpaid fines, or unresolved violations related to any UDCB managed by the proposed operator;
(3)
All existing UDCBs that are managed by the proposed operator and are not eligible for a permit have been removed;
(4)
Any verified litter, trash, or debris on the subject property has been abated and any case of a complaint to the city regarding litter, trash, or debris on the subject property have been addressed;
(5)
The operator does not have a history of nuisance violations for UDCBs that were not timely abated by the operator consistent with subsection k(1). For the purpose of this subsection, a history of nuisance violations for UDCBs that were not timely abated means three verified property maintenance violations in the previous 12 months that were not timely abated by the operator consistent with subsection k(1); and
(6)
The proposal otherwise meets all the requirements of this section.
(g)
Time limit for final decision. The Planning Director or his/her designee shall either approve or deny the UDCB permit within 30 days of receipt of the complete application and payment of the fee. The failure of the Department of Planning to act within this timeframe will constitute approval of the UDCB permit.
(h)
Appeal and petition processes. Any appeal of a decision of the Planning Direction under this section must be made to the Board of Adjustment as per Appendix A, Part 7. Such appeal must be filed within 10 calendar days after the date of the decision.
(i)
UDCB permit expiration.
(1)
Each UDCB permit will expire and become null and void at 11:59 p.m. on June 30.
(2)
An UDCB operator may apply for a new permit for each of its UDCBs for the fiscal year starting July 1 by submitting an application to the Department of Planning prior to the expiration of its active UDCB permit(s), but not earlier than June 1.
(j)
Maintenance.
(1)
No litter, trash, or debris can be within 20 feet of the UDCB including, but not limited to, donation/collection overflow, stacked debris or donations, and other dumped material.
(2)
UDCBs must be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
(3)
No major repairs or overhaul work on such collection bin, or any other work performed thereon which would constitute a nuisance under existing ordinances, shall be made or performed on the site;
(4)
UDCBs must be serviced not less than weekly. Servicing includes the removal of donated/collected material and removal of graffiti, trash, litter, or other dumped debris (for which the operator has not yet received a notice of violation).
(5)
The UDCB operator must maintain an active email address and a 24-hour telephone service with recording capability for the public to report issues.
(6)
UDCBs cannot be used for the collection of solid waste and/or any hazardous materials.
(7)
UDCBs cannot be used for camping, living, or other residential activities.
(k)
Compliance process.
(1)
Whenever the building official determines that an UDCB with a valid permit does not conform to any requirement in this section, he or she shall promptly notify the parcel owner and the UDCB operator through electronic mail or telephone of the violation. The violation must be abated by the operator and proof of such submitted to the city within 24 hours after sending of such notification.
(2)
If an unpermitted UDCB is not within a permissible geographic area according to section 10.404(d), then both the UDCB and any graffiti, trash, debris, or dumped materials within 20 feet of the UDCB must be removed within 24 hours after the parcel owner or operator is notified of the violation.
(3)
If an unpermitted UDCB is within a permissible geographic area according to section 10.404(d), then any graffiti, trash, debris, or dumped materials within 20 feet of the site must be removed and the parcel owner or UDCB operator shall either: 1) apply for all UDCB permits required by this section by the next city business day from the notice of violation; or 2) remove the UDCB within 24 hours from the notice of violation.
(4)
The operation or maintenance of an unpermitted UDCB may be abated or summarily abated by the city in any manner authorized by this Code or otherwise by law for the abatement of nuisances. All costs incurred by the city in connection with any action to abate a UDCB nuisance will be borne by the property owner.
(l)
Revocation of permits, removal of a UDCB and liability.
(1)
The planning director or their designee has the authority to revoke any UDCB permit issued hereunder if the permit holder fails to comply with the provisions of this section, this Code, or other law.
(2)
The planning director shall provide a written notification to the permit holder stating the specific grounds for revocation.
(3)
Upon revocation, the UDCB must be removed from the property within 10 calendar days and, if not removed within this time period, the city may remove, store, and dispose of the UDCB at the permit holder's sole cost and expense.
(4)
Upon revocation, the operator under the revoked permit will be prohibited from applying for a UDCB permit for a period of one year.
(5)
The property owner or owner's agent or authorized lessee has the right to rescind consent for an UDCB to be placed on their property.
(m)
Penalties.
(1)
Any violation of any provision of this section that is not abated by the operator consistent with subsection k(1) is a public nuisance subject to city abatement pursuant to this Code or as otherwise permitted by law.
(2)
Each day that a violation of a requirement of this section is not abated by the operator consistent with subsection k(1) constitutes a new and separate offense.
(3)
Once this ordinance is adopted and the initial compliance period has completed, whoever violates the provisions of this section will be fined $500.00 per day for each violation.
(4)
If a UDCB operator is found to violate the requirements of this section, the UDCB operator may have all business licenses revoked by the city in addition to the above-stated penalties during any period of ineligibility for a UDCB permit.
(n)
Exceptions.
(1)
Book boxes and food pantries are excepted from any permit requirement when placed on private property by the owner or with the owner's permission and meet the following requirements:
i.
The base of the storage box must be no greater than 18 inches by 18 inches.
ii.
There is no fee for the exchange.
iii.
The storage box is secured to a post with concrete footing or to the vertical wall of an existing structure.
(2)
This exception shall not apply to any free exchange containers, equipment, or appliances which require electricity for operation.
(o)
Severability. Should any provision of this section be deemed illegal or otherwise unenforceable by a court of competent jurisdiction, only that specific provision shall not be enforced, and all other sections and provisions shall remain in full force and effect.
(Ord. No. 1494, 3-23-1982; Ord. No. 1518, 6-22-1982; Ord. No. 2016, 10-14-1986; Ord. No. 2019, 10-28-1986; Ord. No. 2108, 5-26-1987; Ord. No. 2116, 7-28-1987; Ord. No. 2136, 9-22-1987; Ord. No. 2164, 2-23-1988; Ord. No. 3172, 3-9-2004; Ord. No. 4189, 8-27-2024)
Existing railroads may continue to operate and be maintained in dwelling and commercial districts. Mineral deposits may be mined, but residential areas shall be protected as set forth under section 2.1.
10.601
Yard regulations. Where the yard regulations cannot be reasonably complied with or
their application determined on lots of peculiar shape, location, or topography, such
regulations may be modified by the board of adjustment.
10.602
Setback; side yard waived. For the purpose of side yard regulations, the following
dwellings with common party walls shall be considered as one building occupying one
lot: Semidetached dwellings, row dwellings, and apartments.
10.603
Projections into yard: Cornices, sills, eaves, belt courses, chimney, unroofed platforms,
landings, steps, or balconies may extend or project into a required yard two feet.
In no case may any part of the projection extend closer than three feet to any property
line. This is not to be construed to include air conditioning compressors or any other
similar accessory equipment.
(Ord. No. 3130, 6-10-2003)
Agricultural use is exempt from permits except when in or within 150 feet of residential zones A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8, A-9 in which case area regulation requirements in force in the district the agricultural use is in or nearest to shall apply; however, construction of residences on farm properties are not exempt from permits.
(Ord. No. 4106, 11-29-2022)