Commercial and industrial zoning districts.
22-6-1. Purpose. These business and industrial zoning districts are established to provide for a diversity of commercial and industrial areas, including mixed use development, that are in harmony with the natural features of the land and the needs of St. Bernard Parish residents, both present and future. The aim is to promote economic development, provide job opportunities, generate tax revenue, and to protect the public health, safety, and general welfare of the community.
22-6-2. General provisions.
22-6-2.1. 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.
22-6-3. Bulk and area requirements. In business and industrial zones no building hereafter erected, reconstructed, remodeled or altered shall exceed the height, be located on a lot of less width and area, have smaller yards, or ground floor area than the minimum requirements listed below. The following table provides the general requirements for each zone; additional requirements may exist in the zoning district section or other portions of the regulations. Residential uses in commercial and industrial districts shall adhere to the bulk and area requirements of the related district.
Notes to commercial and industrial bulk and area requirements:
(1)
See R-3 Multiple Family District for multiple family square feet requirements with a minimum lot frontage of sixty (60) feet.
(2)
See exceptions and modifications section 22-4-3.3.
(3)
Dwelling same as R-3. None for commercial or industrial uses except as required under exceptions and modifications.
(4)
Two (2) times the width of street it abuts, the wider street in case of corner lots, but not to exceed one hundred (100) feet.
(5)
None for commercial or industrial uses except as required under exceptions and modifications.
(6)
Fifty (50) foot maximum building height allowance for all development outside of the federal levee protection system, measured from the average elevation of the grade.
22-6-4. Permitted uses in business and industrial districts. The following table identifies those uses permitted by zoning district. All business and industrial uses, developments, and new construction, except for minor changes in use, require site plan approval by the commission, subject to the site development standards of section 22-6-7. Any use not expressly permitted by the commission shall be prohibited unless the commission determines that a use fits into the established use groups.
P = Permitted Use - CU = Conditional Use
P = Permitted Use - CU = Conditional Use
P = Permitted Use - CU = Conditional Use
P = Permitted Use - CU = Conditional Use
P = Permitted Use - CU = Conditional Use
Notes to business and industrial district uses:
(1)
Individual retail stores under nine thousand (9,000) square feet.
(2)
Retail stores limited to one thousand five hundred (1,500) square feet of retail floor area, but no pawn shops or package liquor stores or sales of any alcoholic beverages.
(3)
See section 22-6-7.1 below for additional requirements.
(4)
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.
(5)
See section 22-6-8.3 below for additional requirements.
(6)
One (1) garage apartment or guest home under one thousand (1,000) square feet of habitable floor space on lots of at least twelve thousand (12,000) square feet.
(7)
Gasoline service stations, lubricating and oil change services, convenience markets, services centers or functions:
a.
Shall not include the following:
•
Any outdoor service operations (other than the dispensing or installation of gasoline, oil, antifreeze, headlights, wiper blades and other similar products and the performance of minor services for customers as related to such dispensing or installation);
•
The sale, rental, display or storage of vehicles, trailers, tractors, machinery or other similar equipment;
•
Commercial parking of vehicles;
•
Major servicing or motor or body repair such as, but not limited to, body or fender work, motor overhaul, major transmission repair, auto glass work, tire recapping, muffler repair or installation, auto body painting or trim shops; or
•
Dismantling or wrecking of any vehicles, or the storage of inoperable, damaged or wrecked vehicles, other than those awaiting immediate repair.
b.
Shall have a maximum of three (3) indoor service bays.
c.
The exterior display, sale or storage of antifreeze, batteries, tires, oil, and other merchandise or products is permitted, provided such display or storage is:
•
Accessory to the primary use;
•
Located immediately adjacent to the primary structure, but not within any required yard or required transitional yard;
•
Not more than two hundred (200) square feet in total area;
•
Maintained in an orderly manner; and
•
Not illuminated.
d.
A maximum of two hundred (200) square feet of inoperable vehicles that can be stored on site. All vehicles to be left overnight must be in a fenced in perimeter.
(8)
Movie studios must meet the following conditions:
a.
Sound stages shall be soundproofed.
b.
Sound stages shall total more than twenty thousand (20,000) square feet of gross floor area.
c.
Movie studios shall be located on at least one (1) acre of land.
d.
All buildings shall have a related design in terms of exterior materials, style, and color.
e.
Fences and walls may be up to ten (10) feet in height with conditional use approval.
(9)
Roadside stand (produce) shall meet the following conditions:
a.
Roadside stands shall be located on private property. Stand locations and parking within public rights-of-way shall be strictly prohibited.
b.
Permits/business licenses issued on a one (1) calendar year basis.
c.
Shall designate one thousand (1,000) square feet of off-street parking area.
d.
In no event shall the permittee or anyone else be allowed to sell produce within one thousand (1,000) feet of an established roadside stand or retail entity (grocery) with produce sales.
e.
Any person with a farmer's license or employee of a licensed farmer shall be exempt from these restrictions.
(10)
Dockside stand (seafood) shall meet the following conditions:
a.
Dockside stands shall be located on the dock for which the marine vessel is moored. Stand locations within public rights-of-way shall be strictly prohibited.
b.
Permits/business licenses issued on a one (1) calendar year basis.
c.
Required off-street parking areas shall not apply to this use.
d.
In no event shall the permittee or anyone else be allowed to sell seafood within one thousand (1,000) feet of an established seafood market, restaurant or retail entity (grocery) with fresh seafood sales.
(11)
Itinerant market (seasonal) shall meet the following conditions:
a.
Itinerant markets shall be located on private property. Market or stand locations and parking within public rights-of-way shall be strictly prohibited.
b.
Permits/business licenses issued on a six (6) month basis.
c.
Shall designate one thousand (1,000) square feet of off-street parking area.
d.
In no event shall the permittee or anyone else be allowed to sell any products within one thousand (1,000) feet of an established retail entity with sales of similar goods or other itinerant markets.
e.
An itinerant market must be approved per conditional use by parish council.
(12)
Food trucks shall meet the following conditions:
a.
A food truck, enclosed food trailer shall be located on private property with a primary use (no vacant lots), subject to permission from the property's owner. A food truck, enclosed food trailer shall be strictly prohibited from parking within public rights-of-way, except for the Old Arabi Mixed Use and Riverfront Districts.
b.
Permits/business licenses shall be issued to each individual food truck, enclosed food trailer on a one (1) calendar year basis.
c.
Food trucks shall only operate on Monday thru Saturday from 7:00 a.m. to 9:00 p.m. and must vacate premises during non-hours of operation. Vendors outside of the levee protection are exempt from this requirement.
d.
In no event shall the permittee or anyone else be allowed to operate a food truck within one thousand (1,000) feet of an established restaurant or other food truck from property line to property line (excluding special events).
e.
Each individual food truck, enclosed food trailer may petition to use multiple locations and [be] allowed to operate within all non-residentially zoned districts, per conditional use approval by parish council.
f.
A food truck, enclosed food trailer permit shall be issued only to vendors operating in conjunction with a St. Bernard Parish licensed restaurant that holds a department of health and hospitals license as a restaurant, for state mobile vendor permit purposes in accordance with applicable state statues. Vendors in Old Arabi Mixed Use and Riverfront Districts are exempt from this requirement.
g.
Any food truck, enclosed food trailer shall be licensed with the Louisiana Department of Health and Hospitals and have a completed fire inspection prior to applying for a permit with St. Bernard Parish Government.
h.
All above conditions must be met before applications can be submitted to the St. Bernard Parish Council.
(13)
Garden, community or private are subject to the following development standards:
a.
All 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 to: section 5-21, exemption of government buildings and lands.
(14)
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.
(15)
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.
(16)
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.
(17)
Short-term rentals (STR) shall conform to the regulations in section 22-9-8.
(18)
Recreational vehicles (personal use) shall be subject to the requirements of section 22-9-5.6 (outside of federal levee protection system).
(19)
Recreational vehicle parks shall be subject to the requirements of sections 22-9-5.1 through 22-9-5.4 (inside of federal levee protection system) and section 22-9-5.5 (outside of federal levee protection system).
(20)
Sno-ball stands shall meet the following requirements:
a.
Sno-ball stands shall be exempt from parking lot area and landscaping development standards.
(21)
Agricultural storage yards are permitted only outside of the federal levee protection.
(22)
Communication towers shall meet the following standards when located in C-1, C-2, C-3, I-1, I-2, SA, and A-1 zoning districts. Property located outside of the federal levee protection system is exempt from the standards in (22)c. and d. The following site standards shall apply:
a.
Setbacks. The lot where the tower is proposed shall be setback two hundred (200) feet from the state highway, and there shall be a lot with a minimum area of six thousand five hundred (6,500) square feet between the highway and the proposed lot. Any tower constructed for communications or cellular phone purposes shall be set back a distance equal to or greater than its height from:
(1)
Any property used for residential purposes.
(2)
Any road or highway that is the sole ingress or egress.
(3)
Any navigable waterway.
b.
Tower design. The tower itself must be of such design and treated with an architectural material so that it is concealed to resemble a tree with a single trunk and branches on its upper part, a flagpole, a clock tower, or something similar approved by the director of the department of community development. Towers shall not be greater than one hundred twenty (120) feet in height. A traditional tower or communications equipment located on a building's roof shall be concealed.
c.
Walls. Walls shall be constructed of decorative block or stuccoed masonry block. Barbed wire or razor wire fencing is prohibited. Walls shall conceal equipment and be at least eight (8) in height.
d.
Landscape. At least one (1) row of evergreen shrubs or trees shall be located within twenty (20) feet of the tower's base. Trees and shrubs shall be a minimum of four (4) feet high when planted and spaced not more than fifteen (15) feet apart. All driveways and parking areas shall be concrete.
e.
Submittal. A submittal shall include a survey, a site plan, a landscaping plan, a wall detail, and engineered plans with elevations for the tower.
f.
Fees. The fee for a communication tower shall be one thousand dollars ($1,000.00).
g.
Nonconforming communication towers. Any communication tower that is being upgraded or repaired at a cost exceeding one hundred thousand dollars ($100,000.00) shall meet the site standards listed in (22)c—f.
(23)
Pet day care service requirements.
a.
An exterior exercise area shall provide covered areas over a minimum of fifty (50) percent of the total area to provide shelter against weather.
b.
All animal overnight boarding facilities shall be located indoors.
c.
All animal boarding quarters and exterior exercise areas shall be kept in a clean, dry, and sanitary condition. The surface of exterior runs shall be made of impervious material to permit proper cleaning and disinfecting.
d.
Fencing of exterior areas and any animals boarding is required. A seven (7) foot solid fence is required around all exterior exercise areas. The fence shall be setback twenty (20) feet from any property line along a public right-of-way.
e.
Noise shall be mitigated so as not to create a public nuisance for adjoining properties and shall comply with all local noise regulations. This excludes typical noise from exercise or training while outdoors.
f.
Exercise or training outdoors shall be conducted between the hours of 9:00 a.m. and 5:00 p.m.
g.
Retail sales of pet supplies, grooming services, and dog-walking services are permitted as accessory to a pet day care service use.
22-6-5. Permitted accessory uses.
22-6-5.1. Outdoor storage. Outdoor storage may be permitted in business, rural and industrial zones under the following conditions:
a.
Materials.
1.
All outdoor bulk storage items, including recyclable materials, shall be in approved, enclosed containers.
2.
No outside storage shall be placed outdoors that will attract animals or insects.
3.
No perishable merchandise shall be stored outdoors.
b.
Location requirements.
1.
Any outdoor storage and all structures required for stored materials shall have been shown and designated on an approved site plan as outdoor storage.
2.
No outdoor storage shall be allowed in the required front, side, or rear yards, or buffers.
3.
No outdoor storage shall be allowed such as will reduce the amount of parking in parking areas below the minimum required for the site.
4.
All outdoor storage shall be buffered from residential zones and uses with a twenty (20) foot-wide landscaped buffer.
5.
Outdoor storage shall be screened by a fence, wall or hedge (subject to district regulations) so as not to be visible from any street, residential, or municipal property.
6.
Any outdoor storage, including shipping containers or similar items, shall not be considered as a principle use in any zone.
c.
Industrial zone requirements. In the industrial zones, outside storage of materials shall be subject to the following additional provisions:
1.
Outside storage shall be located to the rear or the side of the principal building.
2.
A landscape buffer shall be provided surrounding all storage areas.
3.
Outside storage may include storage of vehicles and storage of materials. Vehicles shall not be stacked and storage of materials shall not exceed a maximum height of twenty-five (25) feet.
4.
Shipping containers or similar items shall be located behind the front façade of any structure and at the rear of the building. A shipping container may be permitted along the side of a building, subject to the review and approval of the director of the department of community development.
a.
The shipping container shall be completely screened from view with fencing not to exceed ten (10) feet in height.
d.
Rural zone requirements. In the rural (A-1) zones, outside storage of materials shall be subject to the following additional provisions:
1.
Outdoor storage shall be located to the rear of the principal structure and one hundred (100) feet from the any property line fronting onto a public roadway.
2.
Outside storage may include storage of vehicles and storage of materials. Vehicles shall not be stacked and storage of materials shall not exceed fence height standards for the district, when permitted.
e.
Commercial zone requirements. In the commercial zones, outside storage of materials shall be subject to the following additional provisions:
1.
Outdoor storage shall be located to the rear or side of the principle structure.
2.
A landscape buffer shall be provided surrounding all storage areas;
3.
Outside storage may include storage of vehicles and storage of materials. Vehicles shall not be stacked and storage of materials shall not exceed fence height standards for the district, when permitted.
4.
Shipping containers or similar items shall be prohibited.
22-6-5.2 Outdoor merchandise display.
a.
Merchandise.
1.
No perishable items shall be displayed outside, except for farm stands.
2.
No merchandise shall be displayed outdoors that will attract animals or insects.
3.
No leaching or goods with broken packaging shall be displayed.
b.
Location requirements.
1.
Any area used for outdoor merchandise display shall have been designated on an approved site plan.
2.
No merchandise display shall be allowed if it will reduce the amount of parking in parking areas below the minimum required for the site.
3.
Displayed merchandise shall not be stacked higher than five (5) feet.
4.
All lighting and signs shall meet regulations specified in section 22-7.
5.
No outdoor merchandise display shall be allowed within the front yard setback with the following exceptions:
•
As part of a permitted roadside stand; or
•
At least twenty-five (25) feet from the established street line providing the total area in square footage is no more than three (3) times the lineal feet of principal road frontage.
c.
Christmas tree sales. The sale of Christmas trees may be permitted, at the discretion of the director of community development, as an exception to the above requirements provided that:
1.
An application for a building permit is submitted;
2.
Adequate parking and traffic control is provided; and
3.
All unsold trees shall be removed by December 31 of the year in which they were for sale.
d.
Temporary out-door sales (novelty items). Existing retail and service facilities may request a permit for temporary out-door sales, no more than two (2) times per year. Said sales cannot exceed a total of twenty-one (21) days in a twelve (12) month period. The director of the department of community development may issue a permit for an application that meets the following requirements:
1.
An application for a zoning permit is submitted;
2.
Adequate parking and traffic control is provided; and
3.
The layout of the sale does not create any danger to the public health, safety and general welfare of the community.
4.
Approval from sheriff's office, fire and building official is obtained.
22-6-5.3. Shopping cart requirements.
(a)
Shopping cart requirements for new businesses. Any new retail business that will have more than fifteen(15) shopping carts must implement at least one (1) of the following requirements to maintain the stores shopping cart stock:
(1)
Install a mechanism to prevent carts from exiting the building;
(2)
Install a wheel locking device that will prevent carts from leaving the parking lot;
(3)
Install a coin operated cart machine that requires customers to pay a deposit to use a cart and provides a refund once the cart is returned;
(4)
Use associates to assist carrying customer's purchases to their vehicle; or
(5)
Hire security guards to patrol parking lot to prevent cart removal.
(b)
Impound fee—All retail business with shopping carts.
(1)
Any shopping cart found abandoned and not retrieved within seventy-two (72) hours by the retail business to which it belongs after being reported to the retail business by St. Bernard Parish Government will be subject to a one hundred-dollar ($100.00) impound fee. If the shopping cart has not been retrieved from the impound yard by the retail business within ten (10) days, the cart will be brought to the parish's landfill.
22-6-6. A-1 Rural District.
22-6-6.1. Nonresidential uses allowed in the A-1 Rural District. Nonresidential uses allowed in the C-1, Neighborhood Commercial; C-2, General Commercial; I-1, Light Industrial and I-2, Heavy Industrial Districts will be allowed in the A-1, Rural District.
22-6-7. C-2 General Commercial District.
22-6-7.1. Truck stops.
(1)
Truck stops shall be allowed as a conditional use permit with the criteria outlined in this section approved by the St. Bernard Parish Council as per section 22-6-2.1 permitted conditional use.
(2)
Consists of ten (10) developed contiguous acres and sells fuel, lubricating oil, and other vehicular merchandise, such as batteries, tires, or vehicle parts of eighteen (18) wheel tractor trailers.
(3)
Located adjacent to a major state highway or interstate highway.
(4)
The property line of the establishment shall not be located within two thousand five hundred (2,500) feet of any property that is on the National Historic Registry, any public playground, or a building used exclusively as a church, synagogue, public library, or school. In addition, the property line of such establishment shall not be located within two thousand five hundred (2,500) feet of any residential zoning district or use.
(5)
It must have an on-site restaurant with all of the following features:
a.
Provides seating for at least fifty (50) patrons;
b.
Provides full table service for sit down meals;
c.
Open twenty-four (24) hours a day;
d.
Offers a varied menu.
(6)
Stable parking area of at least one hundred seventy thousand (170,000) square feet, providing at least one hundred (100) eighteen (18) wheel tractor trailer parking stalls. Such parking shall adhere to the following:
a.
Standard truck parking space size shall be fifteen (15) feet × seventy (70) feet with a seventy (70) foot travel aisle.
b.
Ten (10) percent of the truck parking spaces shall be fifteen (15) × seventy-five (75) feet with a seventy (70) foot travel aisle.
c.
The parking and vehicular use area shall be of sufficient size to allow for safe ingress and egress with a minimum access of eighty (80) feet at the roadway intersection.
d.
Truck parking and access to truck parking must be separated from all other vehicular uses.
e.
Parking areas located around business entrance ways and exits shall not constitute parking area for eighteen (18) wheelers.
(7)
Diesel and gasoline fuel facilities that meet all building codes and fire safety codes.
(8)
On-site services facilities for eighteen (18) wheel tractor-trailers.
(9)
Must be owned or leased by a person with a Class A general retail permit or a Class A restaurant permit to serve or sell alcoholic beverages for on-premises consumption.
(10)
The sign regulations shall be the same as those set in section 22-7-4 et seq. of the St. Bernard Parish Code of Ordinances.
(11)
A twenty (20) foot landscape buffer design, approved by the department of community development, between the property line and any abutting more restrictive zoning district shall be provided.
(12)
Structures, except fences, and parking or vehicular use areas must meet a twenty (20) foot setback from all property lines.
(13)
Have four (4) of the following amenities:
a.
A separate trucker's lounge.
b.
A full service laundry facility located in a convenient area for trucker's use.
c.
Private showers for men and women and not located in an area open to general public restroom facilities.
d.
A travel store with items commonly referred to as trucker's supplies.
e.
Truck scales.
f.
Separate truckers' telephones.
g.
Permanent storage facilities for fuel.
(14)
A traffic plan showing ingress and egress approved by the department of public works and the Louisiana Department of Transportation and Development.
(15)
Lighting must be provided in parking areas and access ways to buildings. Parking area lighting must be oriented inward so not to intrude on abutting property. Sixty (60) feet is the maximum height for lighting. All parking areas and all parts of parking area must be fully illuminated.
(16)
The proper number of off-street parking spaces for the land uses included in the development shall be provided in accordance with off-street parking and loading regulations, in addition to the required truck parking.
(17)
The provisions of this subsection 22-6-7 shall not apply to any business or any building or land used for such business, or to changes in ownership in such business, building or land, that was licensed prior to the adoption of this subsection.
22-6-7.2. Commercial and industrial vacant properties.
The purpose of this ordinance is to establish a vacant commercial and industrial property registration program to implement measures to encourage their redevelopment and productive use.
(a)
Definitions.
(1)
Vacant commercial and industrial property: Any non-residential building or structure that is unoccupied and not actively used for its intended purpose for a continuous period of one hundred eighty (180) days or more.
(2)
Owner: Any individual, partnership, corporation, or other legal entity holding title to a vacant commercial and/or industrial property.
(3)
Development: The process of improving a property through construction, renovation, or the establishment of a new business operation.
(b)
Registration of vacant commercial and/or industrial properties.
(1)
Registration requirement:
a.
All owners of vacant commercial and/or industrial properties must register the property with the office of community development within sixty (60) days of it becoming "vacant" as that term is defined in section (a)(1) hereinabove.
b.
Registration shall include the owner's contact information, property address, proof of ownership, plans for future use or development, and any measures being taken to maintain the property in compliance with local ordinances and safety standards.
(2)
Registration fee:
a.
An annual registration fee shall be assessed in the amount of five hundred dollars ($500.00) per year.
b.
Registration fees will be allocated toward programs aimed at promoting redevelopment within the Parish.
(3)
Failure to register:
a.
Failure of an owner to register a vacant commercial or industrial property in compliance with this subsection or to pay the annual registration fee required by this subsection shall be subject to a fine of five hundred dollars ($500.00) for every year said owner either fails to register their property or pay said fee.
b.
The fine established above shall be assessed in an action filed by St. Bernard Parish Government in either the Bureau of Administrative Adjudication or the 34 th Judicial District Court.
(4)
Exemption to registration fee requirement:
a.
An owner may apply for an exemption from the registration fee if they can demonstrate active efforts to lease, sell, or redevelop the property.
b.
Evidence of such efforts may include, but are not limited to:
a.
Paid advertising for the property, market listings, real estate agency contracts, or marketing campaigns; and
b.
Documents establishing ongoing renovation or redevelopment plans, such as unexpired construction permits or contracts with developers.
c.
Exemptions granted under this section shall be reviewed annually, and owners shall be responsible for renewing their applications annually with updated documentation. Failure to renew an application on the anniversary of its approval shall result in a termination of the exemption.
(c)
Enforcement.
(1)
The department of community development is responsible for enforcing the provisions of this subsection, including maintaining the registry, issuing citations, collecting fees, and instituting actions to collect penalties.
22-6-8. I-1 Light Industrial District. In order to provide for certain uses which, because of their unique characteristics, cannot be properly classified in a particular zoning district, the council, under the provisions of section 22-8 shall authorize conditional uses.
22-6-8.1. Principal permitted uses.
(a)
General light industry, warehousing and storage uses, including certain open or enclosed storage of products, materials and vehicles.
(b)
Those uses and other similar uses contained in the list below, including wholesale establishments, service industries, and light industries that manufacture, process, store, and distribute material refined elsewhere.
(c)
Manufacturing, compounding, processing, packaging or treatment, unless otherwise stipulated, of the products or similar products contained in the list below.
22-6-8.2. Permitted accessory uses.
(1)
Storage of goods used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
(2)
Gas distribution mains, service piping, service regulators, meters, gas regulator stations and related appurtenances.
(3)
Electric utility lines, transformers and related appurtenances.
(4)
Radio, television and microwave relay, transmitting or receiving towers or antennae when set back a minimum of fifty (50) feet from all lot lines.
(5)
Small telephone repeater structures when located in a public right-of-way utility easement or buildable area or required side or rear yard.
(6)
Telephone and communication lines and related facilities.
(7)
Cable communication system cables, amplifiers and related facilities but excluding distribution or switching centers and cablecasting studios.
(8)
Satellite dish antennae.
22-6-8.3. Permitted conditional uses.
(1)
Storage of used automobile parts, including automobile bodies, subject to the following conditions:
a.
The site shall be completely enclosed with a ten (10) foot-high opaque fence.
b.
The site shall be landscaped from the property line for a depth of ten (10) feet in front of the fence.
c.
The hours of operation shall be 8:00 a.m. to 8:00 p.m., six (6) days a week (not including Sunday).
d.
No automobile bodies shall be compacted or reduced on the site.
e.
The decibel level of the operation shall not exceed that which is permitted under the noise ordinance, which is part of the Parish Code of Ordinances.
f.
Any other applicable conditions which may be necessary to protect the public welfare.
g.
Where such uses abut residential uses or residential districts more stringent regulations may be required.
22-6-9. I-2 Heavy Industrial District. In order to provide for certain uses which, because of their unique characteristics, cannot be properly classified in a particular zoning district, the council, under the provisions of section 22-8, shall authorize conditional uses.
22-6-9.1. Principal permitted uses.
(a)
General industry, warehousing and storage uses, including certain open or enclosed storage of products, materials and vehicles.
(b)
Those uses and similar other uses contained in the list below, including wholesale establishments, service industries and industries that manufacture, process, store and distribute material refined elsewhere.
(c)
Manufacturing, compounding, processing, packaging or treatment, unless otherwise stipulated, of the products or similar products contained in the list above.
22-6-9.2. Permitted accessory uses. Any accessory use permitted in the I-1 Light Industrial District.
Any manufacturing, industrial or storage use not in conflict with any ordinance of St. Bernard Parish regulating nuisances and not similar to the I-2 permitted uses and not specifically listed as permitted heavy industrial uses or a permitted conditional use shall be considered as an I-2 conditional use.
22-6-10. SA Suburban Agricultural District. In order to provide for certain uses which, because of their unique characteristics, cannot be properly classified in a particular zoning district, the council, under the provisions of section 22-8, shall authorize conditional uses.
22-6-10.1.Purpose. This district is intended to create an environment that allows a mixture of agricultural uses and low density single-family residential development. The permitted uses, lot areas, setbacks, and other site and structure requirements are designed to encourage quality residential areas in a low density setting. To protect the character of this district, permitted uses are limited to single-family dwellings and certain agricultural, cultural, educational, religious, and public uses.
22-6-10.2.Principal permitted uses. Only the following permitted uses shall be allowed in the SA Suburban Agricultural District and no structure or land shall be devoted to any other use other than a use permitted hereunder with the exception of uses lawfully established prior to the effective date of the ordinance codified in this chapter or uses per section 22-4-3.1.
(1)
One (1) single-family dwelling or manufactured home per lot.
(2)
One (1) detached garage apartment or guest home under one thousand (1,000) square feet of habitable floor space on lots of at least ten thousand (10,000) square feet.
22-6-10.3. Permitted accessory uses. Same as R-1.
(1)
Animal pens.
(2)
Farm buildings and structures.
22-6-10.4.Permitted signage. One (1) monument sign not exceeding thirty-two (32) square feet.
22-6-10.5.Minimum lot area.
(1)
Ten thousand (10,000) square feet with a one hundred (100) foot frontage.
22-6-10.6.Minimum yard requirements. The front yard setback shall be twenty (20) feet, the side yard setback shall be ten (10) feet total with five (5) feet per side, and the rear yard setback shall be twenty (20) feet.
22-6-10.7.Maximum height of buildings. Thirty-five (35) feet unless provided for in exceptions and modifications.
22-6-11. SBV - St. Bernard Village District.
22-6-11.1. Purpose. To provide for restricted commercial and residential development that will attract and service local residents and not adversely affect the character of nearby residences or detract from the historic character of St. Bernard Village.
22-6-11.2. Principal structures and permitted uses. Where any new structure or change in exterior appearance is contemplated, a permit for the new structure or change in exterior appearance shall be issued subject to the following conditions and safeguards:
(a)
The historic character of St. Bernard Village shall not be injuriously affected.
(b)
Signs which are garish or otherwise out of keeping with the character of St. Bernard Village shall not be permitted.
(c)
Building styles shall be in harmony with the traditional architectural character of St. Bernard Village, i.e., West Indies Cottage, Creole Cottage, Raised American Cottage, Raised Louisiana Cottage, Single or Double Width-Shotgun, Greek Revival, Victorian, French Colonial, American Colonial, or Spanish Colonial, or any other style widely built in the period between 1800 and 1920 in St. Bernard Village.
(d)
The value of St. Bernard Village as a place of unique interest and character shall not be impaired.
Permitted uses: Only the following permitted uses shall be allowed in the SBV St. Bernard Village District and no structure or land shall be devoted to any other use other than a use permitted hereunder with the exception of uses lawfully established prior to the effective date of the ordinance codified in this chapter or uses per section 22-4-3.1.
(1)
One (1) single-family dwelling per lot, unless a rural community unit plan, per lot of record.
(2)
One (1) two-family dwelling per lot of record.
(3)
One (1) garage apartment or guest home under one thousand (1,000) square feet of habitable floor space on lots of at least twelve thousand (12,000) square feet.
(4)
Rural community unit plans.
(5)
Individual retail stores under nine thousand (9,000) square feet.
(6)
Grocery stores under eighteen thousand (18,000) square feet.
(7)
Seasonal produce stands, except seafood peddlers, provided the use is temporary and valid for a period not greater than six (6) months.
(8)
Permanent produce stands under five hundred (500) square feet.
(9)
Athletic fields.
(10)
Religious houses of worship.
22-6-11.3. Permitted accessory uses (same as R-1):
(1)
Animal pens.
(2)
Farm buildings and structures.
22-6-11.4. Permitted signage. Same as C-1, except no sign shall exceed fifty (50) square feet and no group of signs on one (1) lot shall exceed one hundred (100) square feet.
22-6-11.5. Minimum lot area.
(1)
Ten thousand (10,000) square feet if sewerage is provided except for rural community unit plans.
(2)
Twelve thousand (12,000) square feet with a minimum sixty (60) foot frontage if mechanical plants with absorption fields are provided.
(3)
Sixteen thousand (16,000) square feet with a minimum eighty (80) foot frontage if mechanical plants with effluent are provided.
(4)
Twenty-two thousand five hundred (22,500) square feet with a minimum eighty (80) foot frontage if septic tanks are provided.
22-6-11.6. Minimum yard requirements. Same as R-1(M) except that two-family dwellings shall be according to R-2 requirements and exceptions provided for in the zoning ordinance.
22-6-11.7. Maximum height of buildings. Thirty-five (35) feet unless provided for in exceptions and modifications.
22-6-11.8. Nonconforming uses. Same as section 22-3, except that under section 22-3-9, discontinuance, nonconforming mobile homes shall not be reestablished if the mobile home or the land it was on becomes and remains vacant for a continuous period of one (1) year.
22-6-12. G1 - Government 1.
22-6-12.1. Purpose. This district is established to be a temporary holding zone for properties until the adoption of the St. Bernard Master Land Use Plan. Upon the adoption of the master land use plan, all G-1 properties shall be rezoned in accordance with the adopted St. Bernard Master Land Use Plan.
22-6-12.2. Permitted uses. Allowable uses are all G-1 properties shall be held without further use until such time that the property is appropriately rezoned for its intended public or private use in accordance with the St. Bernard Master Land Use Plan.
Properties converted to a G-1 Zone classification and used for public purposes shall be rezoned in accordance with all current zoning requirements, unless such use is consistent with the zoning class that such property held immediately preceding its G-1 classification, as referenced in section 22-6-12.2 above.
(Ord. No. SBPC-1376-03-13, § 1, Exh. A, 3-5-13; SBPC-1488-04-14, 1(Exh. A), 4-1-14; Ord. No. SBPC-1592-12-14, § 1(Exh. A), 12-16-14; Ord. No. SBPC-1603-01-15, § 1(Exh. A), 1-6-15; Ord. No. SBPC-1670-07-15, § 1(Exh. A), 7-21-15; Ord. No. SBPC-1701-10-15, § 1(Exh. A), 10-20-15; Ord. No. SBPC-1721-12-15, § 1(Exh. A), 12-15-15; Ord. No. SBPC-1784-05-16, § 1(Exh. A), 5-17-16; Ord. No. SBPC-1792-06-16, § 1(Exh. A), 6-21-16; Ord. No. SBPC-1836-11-16, § 1(Exh. A), 11-15-16; Ord. No. 1848-02-17, § 1(Exh. A), 2-7-17; Ord. No. SBPC-1861-03-17, § 1(Exh. A), 3-21-17; Ord. No. SBPC-1864-03-17, § 1(Exh. A) 3-21-17; Ord. No. SBPC-1868-04-17, § 1(Exh. A), 4-4-17; Ord. No. SBPC-1886-06-17, § 1(Exh. A), 6-20-17; Ord. No. SBPC-1887-06-17, § 1(Exh. A), 6-20-17; SBPC-2044-04-18, § 1(Exh. A), 4-3-18; Ord. No. SBPC-2100-10-18, § 1(Exh. A), 10-2-18; Ord. No. SBPC-2103-10-18, § 1(Exh. A), 10-2-18; Ord. No. SBPC-2133-02-19, § 1(Exh. A), 2-5-19; SBPC-2173-06-19, § 1(Exh. A), 6-4-19; Ord. No. SBPC-2205-10-19, § 1(Exh. A), 10-15-19; Ord. No. SBPC-2212-11-19, § 1(Exh. A), 11-5-19; Ord. No. SBPC-2247-01-20, § 1(Exh. A), 7-21-20; Ord. No. SBPC-2248-07-20, § 1(Exh. A), 7-21-20; Ord. No. SBPC-2273-10-20, § 1(Exh. A), 10-20-20; Ord. No. SBPC-2276-11-20, § 1(Exh. A), 11-4-20; Ord. No. SBPC-2298-03-21, § 1(Exh. A), 3-16-21; SBPC-2345-08-21, § 1(Exh. A), 8-3-21; SBPC-2372-10-21, § 1(Exh. A), 10-5-21; SBPC-2404-01-22, § 1(Exh. A), 1-4-22; Ord. No. 2431-05-22, § 1(Exh. A), 5-3-22; Ord. No. SBPC-2497-06-23, § 1(Exh. A), 6-6-23; Ord. No. SBPC-2614-11-24, § 1(Exh. A), 11-6-24; Ord. No. SBPC-2622-12-24, § 1(Exh. A), 12-3-24)
Commercial and industrial zoning districts.
22-6-1. Purpose. These business and industrial zoning districts are established to provide for a diversity of commercial and industrial areas, including mixed use development, that are in harmony with the natural features of the land and the needs of St. Bernard Parish residents, both present and future. The aim is to promote economic development, provide job opportunities, generate tax revenue, and to protect the public health, safety, and general welfare of the community.
22-6-2. General provisions.
22-6-2.1. 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.
22-6-3. Bulk and area requirements. In business and industrial zones no building hereafter erected, reconstructed, remodeled or altered shall exceed the height, be located on a lot of less width and area, have smaller yards, or ground floor area than the minimum requirements listed below. The following table provides the general requirements for each zone; additional requirements may exist in the zoning district section or other portions of the regulations. Residential uses in commercial and industrial districts shall adhere to the bulk and area requirements of the related district.
Notes to commercial and industrial bulk and area requirements:
(1)
See R-3 Multiple Family District for multiple family square feet requirements with a minimum lot frontage of sixty (60) feet.
(2)
See exceptions and modifications section 22-4-3.3.
(3)
Dwelling same as R-3. None for commercial or industrial uses except as required under exceptions and modifications.
(4)
Two (2) times the width of street it abuts, the wider street in case of corner lots, but not to exceed one hundred (100) feet.
(5)
None for commercial or industrial uses except as required under exceptions and modifications.
(6)
Fifty (50) foot maximum building height allowance for all development outside of the federal levee protection system, measured from the average elevation of the grade.
22-6-4. Permitted uses in business and industrial districts. The following table identifies those uses permitted by zoning district. All business and industrial uses, developments, and new construction, except for minor changes in use, require site plan approval by the commission, subject to the site development standards of section 22-6-7. Any use not expressly permitted by the commission shall be prohibited unless the commission determines that a use fits into the established use groups.
P = Permitted Use - CU = Conditional Use
P = Permitted Use - CU = Conditional Use
P = Permitted Use - CU = Conditional Use
P = Permitted Use - CU = Conditional Use
P = Permitted Use - CU = Conditional Use
Notes to business and industrial district uses:
(1)
Individual retail stores under nine thousand (9,000) square feet.
(2)
Retail stores limited to one thousand five hundred (1,500) square feet of retail floor area, but no pawn shops or package liquor stores or sales of any alcoholic beverages.
(3)
See section 22-6-7.1 below for additional requirements.
(4)
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.
(5)
See section 22-6-8.3 below for additional requirements.
(6)
One (1) garage apartment or guest home under one thousand (1,000) square feet of habitable floor space on lots of at least twelve thousand (12,000) square feet.
(7)
Gasoline service stations, lubricating and oil change services, convenience markets, services centers or functions:
a.
Shall not include the following:
•
Any outdoor service operations (other than the dispensing or installation of gasoline, oil, antifreeze, headlights, wiper blades and other similar products and the performance of minor services for customers as related to such dispensing or installation);
•
The sale, rental, display or storage of vehicles, trailers, tractors, machinery or other similar equipment;
•
Commercial parking of vehicles;
•
Major servicing or motor or body repair such as, but not limited to, body or fender work, motor overhaul, major transmission repair, auto glass work, tire recapping, muffler repair or installation, auto body painting or trim shops; or
•
Dismantling or wrecking of any vehicles, or the storage of inoperable, damaged or wrecked vehicles, other than those awaiting immediate repair.
b.
Shall have a maximum of three (3) indoor service bays.
c.
The exterior display, sale or storage of antifreeze, batteries, tires, oil, and other merchandise or products is permitted, provided such display or storage is:
•
Accessory to the primary use;
•
Located immediately adjacent to the primary structure, but not within any required yard or required transitional yard;
•
Not more than two hundred (200) square feet in total area;
•
Maintained in an orderly manner; and
•
Not illuminated.
d.
A maximum of two hundred (200) square feet of inoperable vehicles that can be stored on site. All vehicles to be left overnight must be in a fenced in perimeter.
(8)
Movie studios must meet the following conditions:
a.
Sound stages shall be soundproofed.
b.
Sound stages shall total more than twenty thousand (20,000) square feet of gross floor area.
c.
Movie studios shall be located on at least one (1) acre of land.
d.
All buildings shall have a related design in terms of exterior materials, style, and color.
e.
Fences and walls may be up to ten (10) feet in height with conditional use approval.
(9)
Roadside stand (produce) shall meet the following conditions:
a.
Roadside stands shall be located on private property. Stand locations and parking within public rights-of-way shall be strictly prohibited.
b.
Permits/business licenses issued on a one (1) calendar year basis.
c.
Shall designate one thousand (1,000) square feet of off-street parking area.
d.
In no event shall the permittee or anyone else be allowed to sell produce within one thousand (1,000) feet of an established roadside stand or retail entity (grocery) with produce sales.
e.
Any person with a farmer's license or employee of a licensed farmer shall be exempt from these restrictions.
(10)
Dockside stand (seafood) shall meet the following conditions:
a.
Dockside stands shall be located on the dock for which the marine vessel is moored. Stand locations within public rights-of-way shall be strictly prohibited.
b.
Permits/business licenses issued on a one (1) calendar year basis.
c.
Required off-street parking areas shall not apply to this use.
d.
In no event shall the permittee or anyone else be allowed to sell seafood within one thousand (1,000) feet of an established seafood market, restaurant or retail entity (grocery) with fresh seafood sales.
(11)
Itinerant market (seasonal) shall meet the following conditions:
a.
Itinerant markets shall be located on private property. Market or stand locations and parking within public rights-of-way shall be strictly prohibited.
b.
Permits/business licenses issued on a six (6) month basis.
c.
Shall designate one thousand (1,000) square feet of off-street parking area.
d.
In no event shall the permittee or anyone else be allowed to sell any products within one thousand (1,000) feet of an established retail entity with sales of similar goods or other itinerant markets.
e.
An itinerant market must be approved per conditional use by parish council.
(12)
Food trucks shall meet the following conditions:
a.
A food truck, enclosed food trailer shall be located on private property with a primary use (no vacant lots), subject to permission from the property's owner. A food truck, enclosed food trailer shall be strictly prohibited from parking within public rights-of-way, except for the Old Arabi Mixed Use and Riverfront Districts.
b.
Permits/business licenses shall be issued to each individual food truck, enclosed food trailer on a one (1) calendar year basis.
c.
Food trucks shall only operate on Monday thru Saturday from 7:00 a.m. to 9:00 p.m. and must vacate premises during non-hours of operation. Vendors outside of the levee protection are exempt from this requirement.
d.
In no event shall the permittee or anyone else be allowed to operate a food truck within one thousand (1,000) feet of an established restaurant or other food truck from property line to property line (excluding special events).
e.
Each individual food truck, enclosed food trailer may petition to use multiple locations and [be] allowed to operate within all non-residentially zoned districts, per conditional use approval by parish council.
f.
A food truck, enclosed food trailer permit shall be issued only to vendors operating in conjunction with a St. Bernard Parish licensed restaurant that holds a department of health and hospitals license as a restaurant, for state mobile vendor permit purposes in accordance with applicable state statues. Vendors in Old Arabi Mixed Use and Riverfront Districts are exempt from this requirement.
g.
Any food truck, enclosed food trailer shall be licensed with the Louisiana Department of Health and Hospitals and have a completed fire inspection prior to applying for a permit with St. Bernard Parish Government.
h.
All above conditions must be met before applications can be submitted to the St. Bernard Parish Council.
(13)
Garden, community or private are subject to the following development standards:
a.
All 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 to: section 5-21, exemption of government buildings and lands.
(14)
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.
(15)
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.
(16)
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.
(17)
Short-term rentals (STR) shall conform to the regulations in section 22-9-8.
(18)
Recreational vehicles (personal use) shall be subject to the requirements of section 22-9-5.6 (outside of federal levee protection system).
(19)
Recreational vehicle parks shall be subject to the requirements of sections 22-9-5.1 through 22-9-5.4 (inside of federal levee protection system) and section 22-9-5.5 (outside of federal levee protection system).
(20)
Sno-ball stands shall meet the following requirements:
a.
Sno-ball stands shall be exempt from parking lot area and landscaping development standards.
(21)
Agricultural storage yards are permitted only outside of the federal levee protection.
(22)
Communication towers shall meet the following standards when located in C-1, C-2, C-3, I-1, I-2, SA, and A-1 zoning districts. Property located outside of the federal levee protection system is exempt from the standards in (22)c. and d. The following site standards shall apply:
a.
Setbacks. The lot where the tower is proposed shall be setback two hundred (200) feet from the state highway, and there shall be a lot with a minimum area of six thousand five hundred (6,500) square feet between the highway and the proposed lot. Any tower constructed for communications or cellular phone purposes shall be set back a distance equal to or greater than its height from:
(1)
Any property used for residential purposes.
(2)
Any road or highway that is the sole ingress or egress.
(3)
Any navigable waterway.
b.
Tower design. The tower itself must be of such design and treated with an architectural material so that it is concealed to resemble a tree with a single trunk and branches on its upper part, a flagpole, a clock tower, or something similar approved by the director of the department of community development. Towers shall not be greater than one hundred twenty (120) feet in height. A traditional tower or communications equipment located on a building's roof shall be concealed.
c.
Walls. Walls shall be constructed of decorative block or stuccoed masonry block. Barbed wire or razor wire fencing is prohibited. Walls shall conceal equipment and be at least eight (8) in height.
d.
Landscape. At least one (1) row of evergreen shrubs or trees shall be located within twenty (20) feet of the tower's base. Trees and shrubs shall be a minimum of four (4) feet high when planted and spaced not more than fifteen (15) feet apart. All driveways and parking areas shall be concrete.
e.
Submittal. A submittal shall include a survey, a site plan, a landscaping plan, a wall detail, and engineered plans with elevations for the tower.
f.
Fees. The fee for a communication tower shall be one thousand dollars ($1,000.00).
g.
Nonconforming communication towers. Any communication tower that is being upgraded or repaired at a cost exceeding one hundred thousand dollars ($100,000.00) shall meet the site standards listed in (22)c—f.
(23)
Pet day care service requirements.
a.
An exterior exercise area shall provide covered areas over a minimum of fifty (50) percent of the total area to provide shelter against weather.
b.
All animal overnight boarding facilities shall be located indoors.
c.
All animal boarding quarters and exterior exercise areas shall be kept in a clean, dry, and sanitary condition. The surface of exterior runs shall be made of impervious material to permit proper cleaning and disinfecting.
d.
Fencing of exterior areas and any animals boarding is required. A seven (7) foot solid fence is required around all exterior exercise areas. The fence shall be setback twenty (20) feet from any property line along a public right-of-way.
e.
Noise shall be mitigated so as not to create a public nuisance for adjoining properties and shall comply with all local noise regulations. This excludes typical noise from exercise or training while outdoors.
f.
Exercise or training outdoors shall be conducted between the hours of 9:00 a.m. and 5:00 p.m.
g.
Retail sales of pet supplies, grooming services, and dog-walking services are permitted as accessory to a pet day care service use.
22-6-5. Permitted accessory uses.
22-6-5.1. Outdoor storage. Outdoor storage may be permitted in business, rural and industrial zones under the following conditions:
a.
Materials.
1.
All outdoor bulk storage items, including recyclable materials, shall be in approved, enclosed containers.
2.
No outside storage shall be placed outdoors that will attract animals or insects.
3.
No perishable merchandise shall be stored outdoors.
b.
Location requirements.
1.
Any outdoor storage and all structures required for stored materials shall have been shown and designated on an approved site plan as outdoor storage.
2.
No outdoor storage shall be allowed in the required front, side, or rear yards, or buffers.
3.
No outdoor storage shall be allowed such as will reduce the amount of parking in parking areas below the minimum required for the site.
4.
All outdoor storage shall be buffered from residential zones and uses with a twenty (20) foot-wide landscaped buffer.
5.
Outdoor storage shall be screened by a fence, wall or hedge (subject to district regulations) so as not to be visible from any street, residential, or municipal property.
6.
Any outdoor storage, including shipping containers or similar items, shall not be considered as a principle use in any zone.
c.
Industrial zone requirements. In the industrial zones, outside storage of materials shall be subject to the following additional provisions:
1.
Outside storage shall be located to the rear or the side of the principal building.
2.
A landscape buffer shall be provided surrounding all storage areas.
3.
Outside storage may include storage of vehicles and storage of materials. Vehicles shall not be stacked and storage of materials shall not exceed a maximum height of twenty-five (25) feet.
4.
Shipping containers or similar items shall be located behind the front façade of any structure and at the rear of the building. A shipping container may be permitted along the side of a building, subject to the review and approval of the director of the department of community development.
a.
The shipping container shall be completely screened from view with fencing not to exceed ten (10) feet in height.
d.
Rural zone requirements. In the rural (A-1) zones, outside storage of materials shall be subject to the following additional provisions:
1.
Outdoor storage shall be located to the rear of the principal structure and one hundred (100) feet from the any property line fronting onto a public roadway.
2.
Outside storage may include storage of vehicles and storage of materials. Vehicles shall not be stacked and storage of materials shall not exceed fence height standards for the district, when permitted.
e.
Commercial zone requirements. In the commercial zones, outside storage of materials shall be subject to the following additional provisions:
1.
Outdoor storage shall be located to the rear or side of the principle structure.
2.
A landscape buffer shall be provided surrounding all storage areas;
3.
Outside storage may include storage of vehicles and storage of materials. Vehicles shall not be stacked and storage of materials shall not exceed fence height standards for the district, when permitted.
4.
Shipping containers or similar items shall be prohibited.
22-6-5.2 Outdoor merchandise display.
a.
Merchandise.
1.
No perishable items shall be displayed outside, except for farm stands.
2.
No merchandise shall be displayed outdoors that will attract animals or insects.
3.
No leaching or goods with broken packaging shall be displayed.
b.
Location requirements.
1.
Any area used for outdoor merchandise display shall have been designated on an approved site plan.
2.
No merchandise display shall be allowed if it will reduce the amount of parking in parking areas below the minimum required for the site.
3.
Displayed merchandise shall not be stacked higher than five (5) feet.
4.
All lighting and signs shall meet regulations specified in section 22-7.
5.
No outdoor merchandise display shall be allowed within the front yard setback with the following exceptions:
•
As part of a permitted roadside stand; or
•
At least twenty-five (25) feet from the established street line providing the total area in square footage is no more than three (3) times the lineal feet of principal road frontage.
c.
Christmas tree sales. The sale of Christmas trees may be permitted, at the discretion of the director of community development, as an exception to the above requirements provided that:
1.
An application for a building permit is submitted;
2.
Adequate parking and traffic control is provided; and
3.
All unsold trees shall be removed by December 31 of the year in which they were for sale.
d.
Temporary out-door sales (novelty items). Existing retail and service facilities may request a permit for temporary out-door sales, no more than two (2) times per year. Said sales cannot exceed a total of twenty-one (21) days in a twelve (12) month period. The director of the department of community development may issue a permit for an application that meets the following requirements:
1.
An application for a zoning permit is submitted;
2.
Adequate parking and traffic control is provided; and
3.
The layout of the sale does not create any danger to the public health, safety and general welfare of the community.
4.
Approval from sheriff's office, fire and building official is obtained.
22-6-5.3. Shopping cart requirements.
(a)
Shopping cart requirements for new businesses. Any new retail business that will have more than fifteen(15) shopping carts must implement at least one (1) of the following requirements to maintain the stores shopping cart stock:
(1)
Install a mechanism to prevent carts from exiting the building;
(2)
Install a wheel locking device that will prevent carts from leaving the parking lot;
(3)
Install a coin operated cart machine that requires customers to pay a deposit to use a cart and provides a refund once the cart is returned;
(4)
Use associates to assist carrying customer's purchases to their vehicle; or
(5)
Hire security guards to patrol parking lot to prevent cart removal.
(b)
Impound fee—All retail business with shopping carts.
(1)
Any shopping cart found abandoned and not retrieved within seventy-two (72) hours by the retail business to which it belongs after being reported to the retail business by St. Bernard Parish Government will be subject to a one hundred-dollar ($100.00) impound fee. If the shopping cart has not been retrieved from the impound yard by the retail business within ten (10) days, the cart will be brought to the parish's landfill.
22-6-6. A-1 Rural District.
22-6-6.1. Nonresidential uses allowed in the A-1 Rural District. Nonresidential uses allowed in the C-1, Neighborhood Commercial; C-2, General Commercial; I-1, Light Industrial and I-2, Heavy Industrial Districts will be allowed in the A-1, Rural District.
22-6-7. C-2 General Commercial District.
22-6-7.1. Truck stops.
(1)
Truck stops shall be allowed as a conditional use permit with the criteria outlined in this section approved by the St. Bernard Parish Council as per section 22-6-2.1 permitted conditional use.
(2)
Consists of ten (10) developed contiguous acres and sells fuel, lubricating oil, and other vehicular merchandise, such as batteries, tires, or vehicle parts of eighteen (18) wheel tractor trailers.
(3)
Located adjacent to a major state highway or interstate highway.
(4)
The property line of the establishment shall not be located within two thousand five hundred (2,500) feet of any property that is on the National Historic Registry, any public playground, or a building used exclusively as a church, synagogue, public library, or school. In addition, the property line of such establishment shall not be located within two thousand five hundred (2,500) feet of any residential zoning district or use.
(5)
It must have an on-site restaurant with all of the following features:
a.
Provides seating for at least fifty (50) patrons;
b.
Provides full table service for sit down meals;
c.
Open twenty-four (24) hours a day;
d.
Offers a varied menu.
(6)
Stable parking area of at least one hundred seventy thousand (170,000) square feet, providing at least one hundred (100) eighteen (18) wheel tractor trailer parking stalls. Such parking shall adhere to the following:
a.
Standard truck parking space size shall be fifteen (15) feet × seventy (70) feet with a seventy (70) foot travel aisle.
b.
Ten (10) percent of the truck parking spaces shall be fifteen (15) × seventy-five (75) feet with a seventy (70) foot travel aisle.
c.
The parking and vehicular use area shall be of sufficient size to allow for safe ingress and egress with a minimum access of eighty (80) feet at the roadway intersection.
d.
Truck parking and access to truck parking must be separated from all other vehicular uses.
e.
Parking areas located around business entrance ways and exits shall not constitute parking area for eighteen (18) wheelers.
(7)
Diesel and gasoline fuel facilities that meet all building codes and fire safety codes.
(8)
On-site services facilities for eighteen (18) wheel tractor-trailers.
(9)
Must be owned or leased by a person with a Class A general retail permit or a Class A restaurant permit to serve or sell alcoholic beverages for on-premises consumption.
(10)
The sign regulations shall be the same as those set in section 22-7-4 et seq. of the St. Bernard Parish Code of Ordinances.
(11)
A twenty (20) foot landscape buffer design, approved by the department of community development, between the property line and any abutting more restrictive zoning district shall be provided.
(12)
Structures, except fences, and parking or vehicular use areas must meet a twenty (20) foot setback from all property lines.
(13)
Have four (4) of the following amenities:
a.
A separate trucker's lounge.
b.
A full service laundry facility located in a convenient area for trucker's use.
c.
Private showers for men and women and not located in an area open to general public restroom facilities.
d.
A travel store with items commonly referred to as trucker's supplies.
e.
Truck scales.
f.
Separate truckers' telephones.
g.
Permanent storage facilities for fuel.
(14)
A traffic plan showing ingress and egress approved by the department of public works and the Louisiana Department of Transportation and Development.
(15)
Lighting must be provided in parking areas and access ways to buildings. Parking area lighting must be oriented inward so not to intrude on abutting property. Sixty (60) feet is the maximum height for lighting. All parking areas and all parts of parking area must be fully illuminated.
(16)
The proper number of off-street parking spaces for the land uses included in the development shall be provided in accordance with off-street parking and loading regulations, in addition to the required truck parking.
(17)
The provisions of this subsection 22-6-7 shall not apply to any business or any building or land used for such business, or to changes in ownership in such business, building or land, that was licensed prior to the adoption of this subsection.
22-6-7.2. Commercial and industrial vacant properties.
The purpose of this ordinance is to establish a vacant commercial and industrial property registration program to implement measures to encourage their redevelopment and productive use.
(a)
Definitions.
(1)
Vacant commercial and industrial property: Any non-residential building or structure that is unoccupied and not actively used for its intended purpose for a continuous period of one hundred eighty (180) days or more.
(2)
Owner: Any individual, partnership, corporation, or other legal entity holding title to a vacant commercial and/or industrial property.
(3)
Development: The process of improving a property through construction, renovation, or the establishment of a new business operation.
(b)
Registration of vacant commercial and/or industrial properties.
(1)
Registration requirement:
a.
All owners of vacant commercial and/or industrial properties must register the property with the office of community development within sixty (60) days of it becoming "vacant" as that term is defined in section (a)(1) hereinabove.
b.
Registration shall include the owner's contact information, property address, proof of ownership, plans for future use or development, and any measures being taken to maintain the property in compliance with local ordinances and safety standards.
(2)
Registration fee:
a.
An annual registration fee shall be assessed in the amount of five hundred dollars ($500.00) per year.
b.
Registration fees will be allocated toward programs aimed at promoting redevelopment within the Parish.
(3)
Failure to register:
a.
Failure of an owner to register a vacant commercial or industrial property in compliance with this subsection or to pay the annual registration fee required by this subsection shall be subject to a fine of five hundred dollars ($500.00) for every year said owner either fails to register their property or pay said fee.
b.
The fine established above shall be assessed in an action filed by St. Bernard Parish Government in either the Bureau of Administrative Adjudication or the 34 th Judicial District Court.
(4)
Exemption to registration fee requirement:
a.
An owner may apply for an exemption from the registration fee if they can demonstrate active efforts to lease, sell, or redevelop the property.
b.
Evidence of such efforts may include, but are not limited to:
a.
Paid advertising for the property, market listings, real estate agency contracts, or marketing campaigns; and
b.
Documents establishing ongoing renovation or redevelopment plans, such as unexpired construction permits or contracts with developers.
c.
Exemptions granted under this section shall be reviewed annually, and owners shall be responsible for renewing their applications annually with updated documentation. Failure to renew an application on the anniversary of its approval shall result in a termination of the exemption.
(c)
Enforcement.
(1)
The department of community development is responsible for enforcing the provisions of this subsection, including maintaining the registry, issuing citations, collecting fees, and instituting actions to collect penalties.
22-6-8. I-1 Light Industrial District. In order to provide for certain uses which, because of their unique characteristics, cannot be properly classified in a particular zoning district, the council, under the provisions of section 22-8 shall authorize conditional uses.
22-6-8.1. Principal permitted uses.
(a)
General light industry, warehousing and storage uses, including certain open or enclosed storage of products, materials and vehicles.
(b)
Those uses and other similar uses contained in the list below, including wholesale establishments, service industries, and light industries that manufacture, process, store, and distribute material refined elsewhere.
(c)
Manufacturing, compounding, processing, packaging or treatment, unless otherwise stipulated, of the products or similar products contained in the list below.
22-6-8.2. Permitted accessory uses.
(1)
Storage of goods used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
(2)
Gas distribution mains, service piping, service regulators, meters, gas regulator stations and related appurtenances.
(3)
Electric utility lines, transformers and related appurtenances.
(4)
Radio, television and microwave relay, transmitting or receiving towers or antennae when set back a minimum of fifty (50) feet from all lot lines.
(5)
Small telephone repeater structures when located in a public right-of-way utility easement or buildable area or required side or rear yard.
(6)
Telephone and communication lines and related facilities.
(7)
Cable communication system cables, amplifiers and related facilities but excluding distribution or switching centers and cablecasting studios.
(8)
Satellite dish antennae.
22-6-8.3. Permitted conditional uses.
(1)
Storage of used automobile parts, including automobile bodies, subject to the following conditions:
a.
The site shall be completely enclosed with a ten (10) foot-high opaque fence.
b.
The site shall be landscaped from the property line for a depth of ten (10) feet in front of the fence.
c.
The hours of operation shall be 8:00 a.m. to 8:00 p.m., six (6) days a week (not including Sunday).
d.
No automobile bodies shall be compacted or reduced on the site.
e.
The decibel level of the operation shall not exceed that which is permitted under the noise ordinance, which is part of the Parish Code of Ordinances.
f.
Any other applicable conditions which may be necessary to protect the public welfare.
g.
Where such uses abut residential uses or residential districts more stringent regulations may be required.
22-6-9. I-2 Heavy Industrial District. In order to provide for certain uses which, because of their unique characteristics, cannot be properly classified in a particular zoning district, the council, under the provisions of section 22-8, shall authorize conditional uses.
22-6-9.1. Principal permitted uses.
(a)
General industry, warehousing and storage uses, including certain open or enclosed storage of products, materials and vehicles.
(b)
Those uses and similar other uses contained in the list below, including wholesale establishments, service industries and industries that manufacture, process, store and distribute material refined elsewhere.
(c)
Manufacturing, compounding, processing, packaging or treatment, unless otherwise stipulated, of the products or similar products contained in the list above.
22-6-9.2. Permitted accessory uses. Any accessory use permitted in the I-1 Light Industrial District.
Any manufacturing, industrial or storage use not in conflict with any ordinance of St. Bernard Parish regulating nuisances and not similar to the I-2 permitted uses and not specifically listed as permitted heavy industrial uses or a permitted conditional use shall be considered as an I-2 conditional use.
22-6-10. SA Suburban Agricultural District. In order to provide for certain uses which, because of their unique characteristics, cannot be properly classified in a particular zoning district, the council, under the provisions of section 22-8, shall authorize conditional uses.
22-6-10.1.Purpose. This district is intended to create an environment that allows a mixture of agricultural uses and low density single-family residential development. The permitted uses, lot areas, setbacks, and other site and structure requirements are designed to encourage quality residential areas in a low density setting. To protect the character of this district, permitted uses are limited to single-family dwellings and certain agricultural, cultural, educational, religious, and public uses.
22-6-10.2.Principal permitted uses. Only the following permitted uses shall be allowed in the SA Suburban Agricultural District and no structure or land shall be devoted to any other use other than a use permitted hereunder with the exception of uses lawfully established prior to the effective date of the ordinance codified in this chapter or uses per section 22-4-3.1.
(1)
One (1) single-family dwelling or manufactured home per lot.
(2)
One (1) detached garage apartment or guest home under one thousand (1,000) square feet of habitable floor space on lots of at least ten thousand (10,000) square feet.
22-6-10.3. Permitted accessory uses. Same as R-1.
(1)
Animal pens.
(2)
Farm buildings and structures.
22-6-10.4.Permitted signage. One (1) monument sign not exceeding thirty-two (32) square feet.
22-6-10.5.Minimum lot area.
(1)
Ten thousand (10,000) square feet with a one hundred (100) foot frontage.
22-6-10.6.Minimum yard requirements. The front yard setback shall be twenty (20) feet, the side yard setback shall be ten (10) feet total with five (5) feet per side, and the rear yard setback shall be twenty (20) feet.
22-6-10.7.Maximum height of buildings. Thirty-five (35) feet unless provided for in exceptions and modifications.
22-6-11. SBV - St. Bernard Village District.
22-6-11.1. Purpose. To provide for restricted commercial and residential development that will attract and service local residents and not adversely affect the character of nearby residences or detract from the historic character of St. Bernard Village.
22-6-11.2. Principal structures and permitted uses. Where any new structure or change in exterior appearance is contemplated, a permit for the new structure or change in exterior appearance shall be issued subject to the following conditions and safeguards:
(a)
The historic character of St. Bernard Village shall not be injuriously affected.
(b)
Signs which are garish or otherwise out of keeping with the character of St. Bernard Village shall not be permitted.
(c)
Building styles shall be in harmony with the traditional architectural character of St. Bernard Village, i.e., West Indies Cottage, Creole Cottage, Raised American Cottage, Raised Louisiana Cottage, Single or Double Width-Shotgun, Greek Revival, Victorian, French Colonial, American Colonial, or Spanish Colonial, or any other style widely built in the period between 1800 and 1920 in St. Bernard Village.
(d)
The value of St. Bernard Village as a place of unique interest and character shall not be impaired.
Permitted uses: Only the following permitted uses shall be allowed in the SBV St. Bernard Village District and no structure or land shall be devoted to any other use other than a use permitted hereunder with the exception of uses lawfully established prior to the effective date of the ordinance codified in this chapter or uses per section 22-4-3.1.
(1)
One (1) single-family dwelling per lot, unless a rural community unit plan, per lot of record.
(2)
One (1) two-family dwelling per lot of record.
(3)
One (1) garage apartment or guest home under one thousand (1,000) square feet of habitable floor space on lots of at least twelve thousand (12,000) square feet.
(4)
Rural community unit plans.
(5)
Individual retail stores under nine thousand (9,000) square feet.
(6)
Grocery stores under eighteen thousand (18,000) square feet.
(7)
Seasonal produce stands, except seafood peddlers, provided the use is temporary and valid for a period not greater than six (6) months.
(8)
Permanent produce stands under five hundred (500) square feet.
(9)
Athletic fields.
(10)
Religious houses of worship.
22-6-11.3. Permitted accessory uses (same as R-1):
(1)
Animal pens.
(2)
Farm buildings and structures.
22-6-11.4. Permitted signage. Same as C-1, except no sign shall exceed fifty (50) square feet and no group of signs on one (1) lot shall exceed one hundred (100) square feet.
22-6-11.5. Minimum lot area.
(1)
Ten thousand (10,000) square feet if sewerage is provided except for rural community unit plans.
(2)
Twelve thousand (12,000) square feet with a minimum sixty (60) foot frontage if mechanical plants with absorption fields are provided.
(3)
Sixteen thousand (16,000) square feet with a minimum eighty (80) foot frontage if mechanical plants with effluent are provided.
(4)
Twenty-two thousand five hundred (22,500) square feet with a minimum eighty (80) foot frontage if septic tanks are provided.
22-6-11.6. Minimum yard requirements. Same as R-1(M) except that two-family dwellings shall be according to R-2 requirements and exceptions provided for in the zoning ordinance.
22-6-11.7. Maximum height of buildings. Thirty-five (35) feet unless provided for in exceptions and modifications.
22-6-11.8. Nonconforming uses. Same as section 22-3, except that under section 22-3-9, discontinuance, nonconforming mobile homes shall not be reestablished if the mobile home or the land it was on becomes and remains vacant for a continuous period of one (1) year.
22-6-12. G1 - Government 1.
22-6-12.1. Purpose. This district is established to be a temporary holding zone for properties until the adoption of the St. Bernard Master Land Use Plan. Upon the adoption of the master land use plan, all G-1 properties shall be rezoned in accordance with the adopted St. Bernard Master Land Use Plan.
22-6-12.2. Permitted uses. Allowable uses are all G-1 properties shall be held without further use until such time that the property is appropriately rezoned for its intended public or private use in accordance with the St. Bernard Master Land Use Plan.
Properties converted to a G-1 Zone classification and used for public purposes shall be rezoned in accordance with all current zoning requirements, unless such use is consistent with the zoning class that such property held immediately preceding its G-1 classification, as referenced in section 22-6-12.2 above.
(Ord. No. SBPC-1376-03-13, § 1, Exh. A, 3-5-13; SBPC-1488-04-14, 1(Exh. A), 4-1-14; Ord. No. SBPC-1592-12-14, § 1(Exh. A), 12-16-14; Ord. No. SBPC-1603-01-15, § 1(Exh. A), 1-6-15; Ord. No. SBPC-1670-07-15, § 1(Exh. A), 7-21-15; Ord. No. SBPC-1701-10-15, § 1(Exh. A), 10-20-15; Ord. No. SBPC-1721-12-15, § 1(Exh. A), 12-15-15; Ord. No. SBPC-1784-05-16, § 1(Exh. A), 5-17-16; Ord. No. SBPC-1792-06-16, § 1(Exh. A), 6-21-16; Ord. No. SBPC-1836-11-16, § 1(Exh. A), 11-15-16; Ord. No. 1848-02-17, § 1(Exh. A), 2-7-17; Ord. No. SBPC-1861-03-17, § 1(Exh. A), 3-21-17; Ord. No. SBPC-1864-03-17, § 1(Exh. A) 3-21-17; Ord. No. SBPC-1868-04-17, § 1(Exh. A), 4-4-17; Ord. No. SBPC-1886-06-17, § 1(Exh. A), 6-20-17; Ord. No. SBPC-1887-06-17, § 1(Exh. A), 6-20-17; SBPC-2044-04-18, § 1(Exh. A), 4-3-18; Ord. No. SBPC-2100-10-18, § 1(Exh. A), 10-2-18; Ord. No. SBPC-2103-10-18, § 1(Exh. A), 10-2-18; Ord. No. SBPC-2133-02-19, § 1(Exh. A), 2-5-19; SBPC-2173-06-19, § 1(Exh. A), 6-4-19; Ord. No. SBPC-2205-10-19, § 1(Exh. A), 10-15-19; Ord. No. SBPC-2212-11-19, § 1(Exh. A), 11-5-19; Ord. No. SBPC-2247-01-20, § 1(Exh. A), 7-21-20; Ord. No. SBPC-2248-07-20, § 1(Exh. A), 7-21-20; Ord. No. SBPC-2273-10-20, § 1(Exh. A), 10-20-20; Ord. No. SBPC-2276-11-20, § 1(Exh. A), 11-4-20; Ord. No. SBPC-2298-03-21, § 1(Exh. A), 3-16-21; SBPC-2345-08-21, § 1(Exh. A), 8-3-21; SBPC-2372-10-21, § 1(Exh. A), 10-5-21; SBPC-2404-01-22, § 1(Exh. A), 1-4-22; Ord. No. 2431-05-22, § 1(Exh. A), 5-3-22; Ord. No. SBPC-2497-06-23, § 1(Exh. A), 6-6-23; Ord. No. SBPC-2614-11-24, § 1(Exh. A), 11-6-24; Ord. No. SBPC-2622-12-24, § 1(Exh. A), 12-3-24)