22-5-1. Purpose. These residential zoning districts are established to provide for residential neighborhoods that are in harmony with the natural features of the land and the needs of St. Bernard Parish residents, both present and future. The agricultural zones are also considered residential zones, but do allow for commercial uses. However, the agricultural zones are also intended to promote present and future agricultural uses.

Not more than one (1) residence building shall be erected on or moved to any lot, except as hereinafter described.

Any lot containing more than one (1) residence building at the time of adoption of these regulations may be divided and sold as separate lots provided such lot or lots conform to the bulk and area requirements of the district in which they are situated, as shown in section 22-5-3.

22-5-2. General provisions.

22-5-2.1. Schedule of zoning district regulations. The schedule of regulations and the notes appended thereto, applying to the uses of land and buildings, the height, the coverage of lots, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots, off-street parking space, and all other matters contained therein, as indicated for the various districts established by this chapter, are hereby adopted and declared to be a part of this chapter and may be amended in the same manner as any other part of this chapter. The regulations listed for each district as designated reading from left to right across the schedule, and in all notes appended thereto, are hereby adopted and prescribed for such district, subject to the provisions of sections 22-5-2 and 22-6-2 of this chapter and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.

22-5-3. Bulk and area requirements. In residential zones no building hereafter erected, reconstructed, remodeled or altered shall exceed the height, be located on a lot of less width and area, or have smaller yards or ground floor area than the minimum requirements listed below.

Notes to residential bulk and area requirements:

(1)

See exceptions and modifications section 22-4-3.2.

(2)

Three thousand (3,000) square feet minimum per side per family for two-family dwellings.

(3)

Six thousand five hundred (6,500) square feet per family for single-family dwellings with a minimum lot frontage of sixty (60) feet.

(4)

A total of ten (10) feet and three (3) feet minimum per side.

(5)

All R-1 and R-2 zoned or single- or two-family use, regardless of zoning district, primary structures on regulation sized lots shall have a minimum living area of thirty-five (35) percent of the allowable building area (total lot square footage minus required yard setbacks) with a maximum required square footage of one thousand six hundred (1,600) square feet. All R-1 and R-2 zoned or single- or two-family use, regardless of zoning district, primary structures on nonconforming lots shall have a minimum living area of forty-five (45) percent of the allowable building area with a maximum required square footage of one thousand six hundred (1,600) square feet. Living area, for this definition, shall be defined as under roof and climate controlled occupied areas.

(6)

The front setback may be reduced to match the block face, which will be determined during the design review.

(7)

Where a lot is located in an R-1M zoning district and had an approved subdivision into one (1) lot, the lot may be subdivided back into the original lot subject to the following:

a.

The lot shall have a minimum frontage width of thirty (30) feet and a minimum area of three thousand (3,000) square feet.

22-5-4. Permitted uses in residential districts. The following table identifies those uses that are permitted as of right and those permitted by conditional use permit in agricultural and residential zoning districts:

P = Permitted Use and CU = Conditional Use

22-5-4.1. Notes to permitted uses in residential districts.

(1)

An office containing an area of not more than five (5) percent of the gross floor area of the development located in a main building for administration of a multiple-family development.

(2)

Such as, golf courses, public swimming pools, athletic playing fields, and/or athletic courts, riding stables and fishing lakes, and any use substantially similar.

(3)

For four (4) or more children when accessory to a church or school as permitted. A fenced and screened play area shall be provided which shall contain not less than twenty-five (25) square feet per child.

(4)

Garden, community or private and parks and playgrounds are subject to the following development standards:

(a)

All residential district bulk and area requirements shall be observed;

(b)

Designated setbacks shall be landscaped;

(c)

Open wooden or wrought iron fencing, not to exceed four (4) feet in height shall encompass the site's perimeter. An ingress/egress gate shall be placed adjacent to the front property line;

(d)

Accessory structure, and secondary structures such as sheds, gazebos, cabanas, green houses or similar structures in accordance with section 22-4-2.14.D.2. along with utilities may be utilized in support of this use;

(e)

Signage demarcating responsible parties and contact information shall be placed adjacent to the front property line of the site;

(f)

Keeping of livestock, including large animals and fowl, is prohibited;

(g)

Onsite retail sales are prohibited;

(h)

Off-street parking requirements shall be exempted;

(i)

Operations and maintenance plan that includes 24/7 point of contact information for the responsible party;

(j)

All public projects shall be exempt for these provisions subject to: Section 5-21, exemption of government buildings and lands.

(5)

Day care home, adult or child:

(a)

Each day care home shall comply with all applicable state and federal regulations, including the Louisiana Administrative Code.

(b)

The day care home shall retain a residential character and shall not alter the residential character of the neighborhood.

(c)

Day care home, adult or child is a permitted use when accessory to a church or school.

(d)

No accessory buildings or structures shall be occupied as a part of day care home operations with exceptions to outdoor play areas and equipment (child).

(e)

No adult or child (client) may remain on the premises of a day care home for more than twenty-four (24) consecutive hours in one (1) stay.

(6)

Day care center, adult or child:

(a)

Each day care center shall comply with all applicable state and federal regulations, including regulations within the Louisiana Administrative Code.

(b)

The operator of any day care center shall be licensed by the State of Louisiana.

(c)

Day care center, adult or child is a permitted use when accessory to a church or school.

(d)

No adult or child may remain on the premises of a day care center for more than twenty-four (24) consecutive hours in one (1) stay. However, day care center operations may remain open twenty-four (24) hours a day to accommodate client needs in commercial zoning districts.

(e)

An on-site drop-off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged.

(7)

Group home:

(a)

Group homes shall be licensed by the State of Louisiana.

(b)

Group homes are subject to all local and federal regulations and the regulations of the Louisiana Administrative Code.

(c)

A group home shall encompass the entire structure.

(d)

Group homes shall retain a residential character and shall not alter the character of the neighborhood.

(e)

There are no parish zoning requirements for group homes other than those in chapter 22 of the Zoning Ordinance for the Parish of St. Bernard.

(8)

Multiple-family medium density district—Density, design, and development standards.

(a)

The purpose of the district is to align and to be consistent with the medium density residential district in the comprehensive land use plan. The R-3 density chart in subsection 22-4-3.3 shall not apply to the R-3 (MD) District. The density shall be twenty-five (25) units per acre for developments with more than six (6) units. The minimum lot size for developments with three (3) or four (4) units shall be ten thousand (10,000) square feet. The minimum lot size for developments with five (5) or six (6) units shall be twelve thousand (12,000) square feet.

(b)

Building design standards shall promote traditional design. The following standards are required. Buildings shall have ten (10) foot ceilings on all floors, Windows and doors shall have an eight (8) foot header height. All windows shall have a minimum four (4) inch trim with five-fourths ( 5/4 ) inch thickness. Windows with grilles must be located on the exterior of the window and permanently bonded. Vinyl siding is prohibited. Elevated structures shall have brick or stucco skirting. The department of community development will have discretion to approve the design for all proposed development projects. The applicant must receive an approved design review before receiving a building permit.

(c)

Site development standards in section 22-7 for multi-family developments shall apply to the R-3(MD) District. Each structure shall front onto the street with a majority of the units fronting onto the street to promote the development of a pedestrian-oriented neighborhood. If an applicant can demonstrate site issues that prevent a majority of the units from fronting onto the street, alternative designs can be considered during the design review. Parking shall be located in the rear or interior side yard. Building facades that front a public right-of-way or off-street parking area require additional landscaping adjacent to the building.

(d)

Additional standards apply to developments on undeveloped tracts of land or improved land over three (3) acres. Streets within the development shall meet the standards in subsection 22-9-2.5.d, required development standards and promote a pedestrian-oriented neighborhood. The development shall include a minimum five (5) foot wide sidewalk, eight (8) foot-wide planting area with a shade tree every fifty (50) feet.

(e)

Multiple two-family dwellings on the same lot are permitted in an R-3(MD) District. The site shall be developed as a single development and the buildings shall be similar to or complement the other. Once construction begins, the development shall not be subdivided. There must be a minimum ten (10) feet clearance between the furthest projections of any buildings. The development may be constructed to the standards in the International Residential Code.

22-5-4.2. Regulations for "bed and breakfast" type establishments in residential districts. "Bed and breakfast" establishments and tourist homes are private residential dwellings that are occupied, for compensation, by patrons who are lodged and offered the customary accessory services normally associated with hotels. As with hotels, no provision is made for cooking in individual rooms; however, the proprietor may provide meals in a common dining area. Ingress and egress to and from all rooms is through a designated passageway supervised by the proprietor or his/her designee at all hours. As such it is open to the public, in contradistinction to a boardinghouse or an apartment, which are herein separately defined. Said accommodations shall include the renting of no more than five (5) rooms without separate kitchen facilities. The accommodation of patrons shall not exceed a period of fourteen (14) consecutive days.

Bed and breakfasts and tourist homes shall only be permitted within the following designated areas of the parish:

(a)

Any property located within the boundaries of the Old Arabi Historic District (with the exception of those properties that are zoned I-2 and are not grandfathered as residences), as established under the provisions for the Old Arabi Neighborhood Commission.

(b)

Any property that is zoned A-1 (Rural) or SA (Suburban Agriculture), or is located within the boundaries of St. Bernard Village (SBV).

(c)

Any property which had been deemed as historically significant by the parish historian and abuts a designated Louisiana Scenic Byway, regardless of its zoning classification (with the exception of those properties which are zoned I-2 and are not grandfathered as residences).

In addition, such establishments shall only be permitted upon receipt of a condition use permit from the parish council, and are further subject to the following requirements:

(a)

Submission of letters of compliance from the Louisiana State Fire Marshal and the St. Bernard Parish Fire Department.

(b)

Submission of a certificate of compliance from the Louisiana Department of Health and Hospitals.

(c)

Approval based upon a final inspection of the structure and grounds by the department of community development.

(d)

Receipt of an occupational license from the St. Bernard Parish Sheriff's Office.

Bed and breakfasts and tourist homes shall have one (1) parking space for each guest room and one (1) space for staff (if establishment is owner-occupied with staff, the establishment must have two (2) parking spaces).

Noncompliance with this section shall be grounds for revocation of all permits and licenses, and will result on the immediate closure of the establishment.

22-5-5. No accessory building or structure shall be constructed or placed in such a manner that it could be used as a dwelling unit. All accessory buildings or structures must be permitted by the department of community development, and such structure must be accompanied by a completed dwelling with a certificate of occupancy unless they are being used for a lawful commercial purpose in the appropriate zone with the exception of barns, boat docks and other such agricultural and fishing-related accessory structures in an A-1 rural zone. Exemption: A storage shed, gazebo, cabana, greenhouse, above ground pool, or similar structure, temporary in nature, shall be permitted on a vacant lot when the lot shares a common property line with a lot with an occupied dwelling (with a certificate of occupancy) under same ownership.

1.

The following accessory buildings and structures are permitted in the rear and side yards:

a.

Storage sheds, detached garages and carports, playhouses, swimming pools, bath houses, antenna, dishes, and other outbuildings or structures.

b.

Fences, stone walls, and retaining wall. (Retaining walls shall not have to comply with setbacks.)

c.

Dog houses, runs, kennels, and penned areas.

2.

An accessory building or structure that does not comply with the above requirements may be permitted by variance if the board of zoning adjustments finds that such accessory building or structure will be compatible with the location in which it is proposed to be built after considering:

a.

The character of the neighborhood and area;

b.

The size and shape of the lot;

c.

The location of the accessory structure; and

d.

The proposed use of the accessory structure.

3.

Fences are permitted on lots without a dwelling when they share a common property line with a lot with an occupied dwelling (with a certificate of occupancy) under same ownership. The property shall meet the following conditions:

a.

When a servitude separates adjacent lots under common ownership, the property owner shall submit written approval from the servitude holder to the department of community development prior to the issuance of the fence permit.

Fences shall have at least one (1) latched gate or opening to the lot.

4.

All detached residential accessory buildings and structures shall be subject to the following conditions (this provision shall not apply to accessory buildings and structures in C-1 Neighborhood Commercial, C-2 General Commercial, I-1, Light Industrial, A-1 Rural, SA Suburban Agricultural, or the SBV St. Bernard Village zones):

a.

Residential accessory buildings and structures shall not occupy more than seventy (70) percent of the required rear yard. The allowable square footage of combined accessory structures shall not exceed one hundred sixty (160) square feet per one thousand (1,000) square feet of total lot size. This provision shall not apply to accessory buildings and structures in A-1 Rural, SA Suburban Agricultural, or the SBV St. Bernard Village zones.

1.

Not more than one thousand and six hundred (1,600) square feet of total accessory structure(s) shall be allowed per parcel in common ownership.

b.

Accessory buildings and structures with plumbing improvements or finished space not used for parking, access, or storage shall meet parish requirements for elevated dwellings when located in a special flood hazard area.

1.

Plumbing improvements shall consist of not more than a toilet, sink, washer and dryer.

2.

Accessory buildings, as described in 22-5-5-4b, including properties outside of special flood hazard areas, shall be sited on the lot and appear to be an accessory to the main structure. Buildings shall not appear to be a main residential building. Building placement and style shall be approved by the director of the department of community.

c.

Property owners who seek to build an accessory building or structure for parking, access, or storage uses only, with an enclosure exceeding five hundred (500) square feet, shall flood proof the building when located in a special flood hazard area.

d.

Residential accessory buildings and structures shall not exceed fifteen (15) feet in mean height and ten (10) feet in height at the eave measured from the finished floor to the highest point of the coping of a flat roof; to the mean height level between eaves and ridge for gable, hip and gambrel roofs; and to the deck line of a mansard roof. Carports shall not exceed sixteen (16) feet in height at the ridge and fourteen (14) feet in height at the eave.

e.

Residential accessory buildings and structures must be fenced in. Garages may not be fenced in on the front side of a dwelling in instances where there is an impervious driveway leading to the structure. In instances where a garage is located on a lot which has a rear yard that fronts a street, the structure must be fenced in along the width of the rear property setback. A portion of the rear property setback may remain unfenced only for the width of the required rear impervious driveway leading to the garage. This provision shall not apply to accessory buildings and structures in A-1 Rural, SA Suburban Agricultural, or the SBV St. Bernard Village zones.

f.

When used as an accessory to a dwelling, metal storage buildings shall not exceed one hundred twenty (120) square feet in area and nine (9) feet in height. Metal storage buildings shall not front a rear property setback when said property has a rear property line which fronts a street. This provision shall not apply to accessory buildings and structures in A-1 Rural, SA Suburban Agricultural, or the SBV St. Bernard Village zones.

g.

Portable storage units such as PODS are allowed in any district for a period not to exceed thirty (30) days and shall only be permitted in the rear or side yard in accordance with the provisions outlined in section 22-5-5.4.e of this chapter. Mobile homes, travel trailers, and recreational vehicles may not be used as portable storage units.

22-5-6. Permitted accessory uses.

a.

Those uses that are customary and incidental to a residential use or those permitted, including conditional uses. The parking or storage of automobiles shall be considered as an accessory use, and may be located only in the side or rear yard.

b.

Accessory uses may require a site plan showing the location of all buildings, parking areas, traffic accesses, storm drainage, open space, sanitary disposal facilities, landscaping, and other requirements deemed necessary by the director of community development.

c.

Home occupations in accordance with section 22-5-7 below.

d.

Professional office of the resident owner or resident family member provided that no non-resident is engaged in the activity at the site and the use does not change the exterior appearance of the property.

e.

Family day care of six (6) or less children.

f.

Tag, lawn, yard or similar sales, confined to the sale of items formerly used on the premises and not items made or purchased for the sale, are permitted uses no more than two (2) consecutive days two (2) times a year.

g.

Off-street parking or garaging of resident's vehicle(s) subject to the following restrictions:

1.

Not more than one (1) commercial vehicle with or without commercial markings;

2.

In any case, no trucks, buses, trailers, construction equipment or any other vehicles exceeding medium duty class four (4), excluding recreational vehicles (includes travel trailers and fifth wheels);

3.

The sale of no more than two (2) vehicles per year that were previously or currently registered at that property.

4.

The parking and storing of no more than two (2) boats and/or recreational vehicles in any combination.

h.

A private garage for not more than four (4) automobiles shall be considered an accessory use, and if detached, may be located only in the side or rear yard.

1.

The parking or storage of automobiles shall be considered as an accessory use, and may be located only in the side or rear yard behind the front yard setback or main structure or dwelling unit whichever is greater.

i.

Recreational vehicles and boats may be stored or parked on a property when accompanied by and accessory to a completed dwelling with a certificate of occupancy on any one (1) to four (4) family residential property, excluding A-1 Rural and SA Suburban Agricultural, subject to the following:

1.

Such equipment may not be more than thirty-five (35) feet in length and thirteen (13) feet in height if stored outdoors (not in a garage or other completely enclosed structure) they shall:

a.

Not be stored within the required front yard setback or precede the front façade of the primary dwelling, excluding a driveway that is positioned perpendicular to the street and leads to a garage or a permissible parking area. Said driveway shall not comprise more than twenty (20) feet in width. RVs and boats shall not be stored on a circular driveway in the front yard setback. On corner lots, RVs and boats shall not be stored on a circular driveway located between the side of the house and street. No portion of an RV or boat shall encroach onto the sidewalk.

b.

Not be within three (3) feet of the side or rear property line, if stored on any other portion of the lot; and;

c.

Be no more than two (2) of either type of vehicle which can be stored.

2.

Such operational equipment may be parked in a driveway of a residential premises. Non-operational equipment (as defined within section 11-28, storage of junk on private property) shall not be parked or stored on driveway.

3.

Any recreational vehicle or boat parked or stored in any zoning district, whether it be residential or nonresidential, shall not be used for living, sleeping or housekeeping purposes.

4.

Any recreational vehicle or boat stored on a residentially zoned lot without a completed dwelling with a certificate of occupancy shall be considered a commercial storage operation and therefore shall be expressly prohibited.

j.

For any building or complex with more than four (4) dwellings units, recreational vehicles and boat parking must be separate and detached from the required parking area and shall be provided in the rear yard and must be approved by site plan.

22-5-7. Home occupations.

22-5-7.1. Intent. To provide peace, quiet, domestic tranquility within all residential neighborhoods, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas, the following is adopted:

22-5-7.2. Definition. An accessory use of a service character conducted within a dwelling by the resident thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the residential character thereof or have any exterior evidence of such secondary use other than allowed herein.

22-5-7.3. Required standards for home occupations. Home occupations shall conform to the following standards:

a.

That in no case shall more than fifteen (15) percent of the floor area of dwelling be used for such home occupation, exclusive of any accessory building.

b.

Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.

c.

A small nameplate not more than four (4) inches in width and eighteen (18) inches in length is allowable.

d.

The use of mechanical equipment other than is usual for purely domestic or hobby purposes is prohibited.

e.

Merchandise shall not be displayed or offered for sale either within or outside of the residence.

f.

The operation of any wholesale or retail business, unless it is conducted entirely by mail or a telephone for that purpose.

g.

In order to guarantee that a home occupation, once authorized, will not become a nuisance to the neighbors or otherwise violate these guidelines, the zoning administrator may impose reasonable conditions necessary to protect the public health, safety, morals or welfare.

h.

The director of the department of community development or his designee shall have the right at any time, upon reasonable request, to enter and inspect the premises for safety and compliance purposes.

22-5-7.4. Prohibited home occupations. The following uses shall be prohibited as home occupations.

a.

Medical or dental office including dental laboratory;

b.

Dancing instruction;

c.

Band instrument instruction groups;

d.

Psychic readers or similar uses;

e.

Beauty salons and barber shops;

f.

Convalescent homes (five (5) or more individuals);

g.

Mortuary establishments;

h.

Restaurants;

i.

Health salons, gyms, aerobic exercise, studios, massage;

j.

Veterinary uses (including care, grooming or boarding);

k.

Stores;

l.

Tourist homes;

m.

Tea rooms.

22-5-7.5. Exterior evidence of home occupations. Any exterior evidence of a home occupation other than that allowed herein shall not be prescribed and shall be considered a violation of the zoning code. Exterior evidence of the home occupation shall include, but not be limited to, unauthorized signage and customer traffic. If at any time the recipient of a home occupation license does not meet the definition of a home occupation, the certificate of zoning compliance shall be revoked ten (10) days after receiving official notification.

(Ord. No. SBPC-1421-09-13, § 1(Exh. A), 9-3-13; Ord. No. SBPC-1562-10-14, § 1(Exh. A), 10-7-14; Ord. No. SBPC-1651-06-15, § 1(Exh. A), 6-16-15; Ord. No. SBPC-1658-07-15, § 1(Exh. A), 7-7-15; Ord. No. SBPC-1698-10-15, § 1(Exh. A), 10-20-15; Ord. No. SBPC-1699-10-15, § 1(Exh. A), 10-20-15; Ord. No. SBPC-1724-01-16, § 1, 1-26-16; Ord. No. SBPC-1783-05-16, § 1(Exh. A), 5-17-16; Ord. No. SBPC-1791-06-16, § 1(Exh. A), 6-21-16; Ord. No. SBPC-1836-11-16, § 1(Exh. A), 11-15-16; Ord. No. SBPC-1860-03-17, § 1(Exh. A), 3-21-17; Ord. No. SBPC-1863-03-17, § 1(Exh. A), 3-21-17; Ord. No. SPBC-1998-09-17, § 1(Exh. A), 9-5-17; Ord. No. SBPC-2035-03-18, § 1(Exh. A), 3-6-18; Ord. No. SBPC-2072-06-18, § 1(Exh. A), 6-19-18; Ord. No. SBPC-2120-12-18, § 1(Exh. A), 12-4-18; Ord. No. SBPC-2130-01-19, § 1(Exh. A), 1-2-19; SBPC-2177-06-19, § 1(Exh. A), 6-18-19; Ord. No. SBPC-2243-06-20, § 1(Exh. A), 6-16-20; Ord. No. 2426-04-22, § 1 (Exh. A), 4-5-22; Ord. No. SBPC-2470-12-22, § 1(Exh. A), 12-6-22; Ord. No. SBPC-2497-06-23, § 1(Exh. A), 6-6-2023)