22-7-1. Landscape regulations. This section is intended to protect property values by preserving existing vegetation and planting new materials, providing privacy from view, light, dirt, and noise, preventing the erosion of soil, providing water recharge areas, and improving the environment and attractiveness of the parish.

22-7-1.1. Overall landscape area requirement.

a.

Any lot developed in a business, industrial, design development district zones shall provide landscaped areas on the portions of the site that are not covered by an impervious surface.

b.

Perimeter landscaped areas shall contain at least one (1) shade tree at least three (3) inches in caliper, as measured at diameter breast height (DBH), for each fifty (50) feet or part thereof of perimeter or as required by the commission.

22-7-1.2. Landscaped buffer requirement. Landscape buffers of ten (10) feet between commercial/industrial uses and residential uses and five (5) feet between multi-family and single-family residential uses shall be required. The commission may also require buffers between dissimilar uses. Where natural features, special circumstances, or the opportunity for better site design exist, the commission may consider and approve a modification to the buffer requirements. Such landscape buffers shall contain adequate landscape materials to satisfy, in the opinion of the commission, the purposes of this section.

22-7-1.3. Other requirements.

a.

Landscape plans shall show existing vegetation to remain, proposed new planting, and shall include a plant list with plant names, quantities, size at planting, and size when mature.

b.

Existing vegetation and plant materials may be used to meet all or part of the landscape regulations. Existing mature trees shall be shown on development plans and the applicant and developer shall attempt to design around and save as many as possible.

c.

The commission may modify the landscape requirements:

•

When unusual conditions require more extensive screening for noise abatement or to protect surrounding residential properties; or

•

When excellence in building or landscape design demand less landscaping and the attainment of the purposes of this section and the regulations is not hindered.

d.

All landscaping shown on the approved plan shall:

•

Be completed before issuance of a certificate of occupancy; or

•

Be guaranteed of completion by filing of a bond with the commission, in an amount and form satisfactory to the commission, assuring completion within a specified time (not to exceed one (1) year); which bond shall be forfeited if the required work is not completed.

•

All landscaping approved as part of a site plan shall be maintained for the life of the use.

22-7-2. Planting, maintenance and removal of trees on public land. The purpose of this section is to protect and enhance the community's environment, economic, and aesthetic and decrease storm water runoff from paved areas.

22-7-2.1. Definitions. For the purpose of this section the following terms, phrases, words, and their derivations shall have the meaning given herein.

Buffer zone: A landscaped area between any building or vehicular use area and providing a visual screen of vegetation only or in conjunction with a nonliving screening material for the purpose of providing a buffer between non-compatible land uses.

Community tree plan: A written document that guides the work of the tree advisory committee.

Diameter at breast height (DBH): The caliper measurement taken approximately four and one-half (4½) feet high on the trunk of a tree.

Drip line: The outer edge of the foliage of a tree extending in all directions parallel to the ground.

Ground cover: Plant material which is used to cover the surface of the ground to prevent erosion or retain moisture and should reach a maximum height of not more than twelve (12) inches at maturity, including turf.

Median: A landscape strip of land dividing a thoroughfare, boulevard or street into lanes according to direction of travel; or neutral ground within a circle drive of a cul-de-sac, or neutral ground separating a turn-out lane from the main street.

Mulch: Material that is used to cover the ground surface to prevent erosion, retain moisture and protect plant material.

Native trees: Certain species naturally occurring in south Louisiana and along the Gulf Coast.

Plant material: Any plant including trees, vines, shrubs, ground covers and annuals or vegetation of any size, species, or description.

Public property: All grounds owned and maintained by the parish.

Public trees: All trees and shrubs now hereafter growing on any street or any public land where otherwise indicated.

Right-of-way: Part of a street or highway, not covered by the sidewalk or other paving, lying between the property line and the edge of the street.

Tree—Class A: Any woody plant of any species which normally grows to an overall height of approximately fifty (50) feet, with one (1) main trunk although some species may have multiple trunks and many branches. A list of Class A tree species may be obtained from the department of public works.

Tree—Class B: Any woody plant of any species which normally grows to an overall height of approximately twenty-five (25) feet with one (1) or more main trunk(s) with many branches. A list of Class B tree species may be obtained from the department of public works.

Understory vegetation: Any shrub(s) and tree(s) twenty-five (25) feet or less in height suitable for growth under the canopy of Class A trees.

Vegetation protection zone: The area within the drip line of a tree required by this ordinance to be preserved.

22-7-2.2. Establishment of a tree advisory committee.

(a)

Tree advisory commission. The nine (9) members and non-voting ex-officio members are as follows:

(1)

As one (1) voting member, one (1) professional forester, employed by an agency of government or an educational institutional having knowledge of urban forestry problems and licensed as required by law for the conduct of his/her profession.

(2)

One (1) voting member is representing the utilities. The utility council will designate the utility from which this member comes. The utility will then provide the name of the individual member.

(3)

As voting members, four (4) professional members to include: one (1) licensed landscape architect and three (3) other members such as licensed arborists, licensed architects, landscape architects, licensed landscape contractors, or other similar professional as appropriate.

(4)

Three (3) voting members selected at large, from residents and/or property owners of St. Bernard Parish chosen for their knowledge of and/or concern about the parish's urban forest.

(5)

As non-voting ex-officio members, a representative from each of the following: the department of public works, the planning commission, the parish forester, and the director of community development.

(6)

[a.]

The voting members of the tree advisory commission shall be appointed by the parish council.

b.

The voting members of the tree advisory commission shall serve without compensation.

c.

The tree advisory commission shall meet four (4) times a year.

(b)

The tree advisory commission shall have the following powers and duties:

(1)

Community tree plan.

a.

The tree advisory committee shall formulate a community tree plan for the approval of the council.

b.

The community tree plan shall include but not be limited to the goals and mission of the tree advisory committee, an inventory of resources, needed work, associated cost and time schedules for such work in correlation with public works and relevant information, such as activities of the tree advisory committee, standard tree maintenance and planting specifications and permit application procedures.

(2)

There is hereby created and established a tree advisory commission which shall have the following composition, powers, and duties:

The tree advisory commission shall consist of nine (9) members as set forth under tree advisory commission and:

a.

Apply for and maintain a "Tree City USA" status with the National Arbor Day Foundation.

b.

Conduct seminars and public education programs.

c.

Plan and coordinate an annual Arbor Week observance.

d.

Develop a community tree plan.

e.

Organize community tree planting projects.

f.

Seek funding for projects and activities.

g.

Develop a botanical garden, arboretum, and/or community forest preserve(s).

h.

Develop a public tree fund for public tree-planting, permit fees, mitigation fees, and donations.

22-7-2.3. Landscape requirements. These provisions shall apply to:

(a)

All new commercial, industrial, multi-family, religious, educational institution, public and semi-public land uses that are developed after January 3, 2007.

(b)

Development that requires the issuance of a building permit for a building addition amounting to more than fifty (50) percent of existing street façade.

(c)

Issuance of an occupancy permit for uses of buildings that change from residential to commercial.

22-7-2.4. Landscape plan. All building permit applications covered by this ordinance shall be accompanied by a landscape plan. In addition to meeting Louisiana Horticulture Law requirements, building permits, applications on commercial, multi-family, and industrial lot(s) shall have a landscape plan prepared by a Louisiana Licensed Landscape Architect and shall bear the landscape architect's seal and signature. All landscape plans shall contain a statement, signed and dated by the preparer certifying that the plan was prepared in accordance with Louisiana Horticulture Law and specifications of this chapter.

The criteria shall include, but are not limited to:

(a)

Show all buildings, walkways, vehicular use areas, utility areas, retention/detention areas, site triangles, and miscellaneous site structures.

(b)

Show all on/off site utilities, servitudes, right-of-way, or easements.

(c)

Show all current land use of all adjacent property.

(d)

Show all protected trees and their trunk sizes using DBH (diameter at breast height) measured at four and one-half (4½) feet. Show actual canopy spread of all protected trees or groups.

(e)

Show layout of all plant materials, sizes, and specifications.

(f)

Show all other proposed paved surfaces, curbs, steps, and grade changes.

(g)

Show all other proposed site development amenities.

(h)

Show topography, existing natural features, and drainage information.

(i)

Provide complete plant schedule, of materials to be planted on the site.

(j)

Provide irrigation or watering system plat if applicable.

(k)

All landscape plans shall include a summary tabulation of all landscape requirements.

22-7-2.5. Removal or abuse of trees and vegetation on public property. Except as otherwise provided in this section, it shall be unlawful for a person or contractor to perform any of the following acts regarding trees or other vegetation on or in public property. No person shall:

(a)

Damage, cut, carve, trim, prune, break, climb, or walk upon, injure or remove any tree or other vegetation.

(b)

Attach any rope, wire, nails, advertisements, decorations, or posters.

(c)

Spray any tree or vegetation with any chemical, insecticide, or other liquids, gases, and solids.

(d)

Set fire or permit any fire to burn.

(e)

No persons shall deposit, place, store, or maintain any public place, municipality, any stone, brick, sand, concrete, or other materials which may impede tree passage of water, air, fertilizer to the roots of any tree growing therein excluding temporary utility service or installation work.

(f)

All trees except those on the right-of-way green space near any excavation or construction of any building, structure, or street work, shall be guarded with a good substantial fence or frame.

(g)

The "construction tree guard" shall be no less than four (4) feet and eight (8) feet or at a distance in feet from tree trunk, which equals to the DBH in inches, or whichever is greater.

(h)

All building material, dirt or other debris shall be kept outside the construction tree guard.

22-7-2.6. Tree permit requirements. The following tree preservation requirements shall be followed if a preliminary plat is approved by the department of community development for a proposed commercial, office, industrial, institutional or residential development.

Following the issuance of a building permit, trees not designated for tree preservation on an approved landscape plan may be removed. This requirement is not applicable to street right-of-way, public/private servitude of access, utilities, drainage and sewerage areas necessary for the approved construction or site plans.

(a)

Tree removal permit. The tree removal process has been established to allow for a review of site development alternatives that would encourage the preservation of existing significant native trees.

(1)

Tree removal permit is required when one (1) of the following conditions is present.

a.

Tree clearing proposed for commercial, office, industrial, or institutional development(s).

b.

Tree clearing proposed for residential development(s) is greater than one (1) acre.

(2)

Tree removal permit is not required when any parcel of land or site is present with the following conditions:

a.

The land is zoned or proposed to be zoned for commercial, office, industrial, institutional development(s) and contains no native trees.

b.

Tree clearing is for residential development(s) less than one (1) acre.

c.

A landscape plan, tree preservation plan and/or tree replacement plan has been prepared, by a professional licensed by the state of Louisiana to do such work which has been reviewed and approved by the department of community development.

d.

The project must be reviewed and approved by the department of community development.

(b)

Permit required to remove, cut, plant trees and other vegetation on public property.

(1)

No person, including public utilities, shall remove any tree or shrub growing within a dedicated street area of public right-of-way or other public property without a permit from the department of community development.

(2)

No person shall plant, spray, fertilize, prune, or remove any tree on any public property without first procuring a permit from the department of community development. The permit will cost twenty-five dollars ($25.00). A permit to remove (demolish) a historic tree shall cost one hundred dollars ($100.00).

(3)

Utility companies and the department of public works shall be exempt from permitting requirements during major storms or situations which cause interruptions of service or immediate threat to public safety or where immediate action is required in accordance with parish safety policies and procedures.

22-7-2.7. Historic trees and preservation—Public or private.

(a)

Preservation of historic trees.

(1)

Before any trees that are historic trees may be altered or demolished, in whole or in part, the owner, the parish (department of public works), or the utility company shall apply to the department of community development for a permit therefor and provide said application describing said tree(s); their locations, type of work to be performed and approximate date on which work will begin. Said application shall be published in the parish's official journal for two (2) publications, and such application shall be enacted upon only after a delay of ten (10) days after the first publication of such application. A public hearing shall be held and the applicant shall receive a resolution granting approval from the Planning Commission to remove (demolish) a historic tree. The requirement to publish in the Parish's official journal for two (2) publications, along with the required waiting period, shall not apply to an application to trim (alter) a historic tree. When altering or demolishing a historic tree, a licensed tree professional shall perform the work. A permit to trim (alter) a historic tree will cost twenty-five dollars ($25.00). A permit to remove (demolish) a historic tree will cost one hundred dollars ($100.00).

(2)

This section shall provide that any trimming of trees designated as historic trees, shall be done in accordance with Dr. Alex L. Shigo's guidelines for pruning trees near electric lines or under the supervision of a tree professional or licensed arborist.

(3)

Utility companies or the department of public works shall be exempt from subsections (1) and (2) during major storms or situations which cause interruptions of service or immediate threat to public safety.

(b)

Historic trees connected to historic events. Any tree that is inseparably connected with exceptionally important historic events in this parish or state are deemed historic trees.

(c)

Same—Other trees constituting historic trees. The oak trees located on Jackson Boulevard, Packenham Drive, De La Ronde Oaks, along Paris Road and in Docville and any tree species as listed in this section with a trunk diameter of twenty-four (24) inches or more at a standard height of four and one-half (4½) feet from the base of the tree shall be deemed historic trees. Historic tree species shall be limited to Live Oak, Red Oak, Bald Cypress, Sycamore, Southern Magnolia, and American Elm trees.

22-7-2.8. Tree and urban forest preservation standards.

22-7-2.9. Tree preservation plan.

22-7-2.10. Enforcement, penalty and appeals. The director of the department of community development shall be the enforcement agent of this section, and any person, firm, or corporation violating or failing to comply with any of the provisions of this section, shall be guilty of a misdemeanor. Upon a finding of violation of this section, the offending party shall be fined a sum no less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars. Each day an offending party is found to be in violation of this section shall constitute a separate offense for which the above-referenced fines shall be assessed.

22-7-2.11. Administration guidelines. Permits may be applied for as set forth below:

(a)

Applications for permits must be made to the department of community development not less than forty-eight (48) hours in advance of the time the work is to be done, so the department of public works can issue the right-of-entry order.

(b)

Standards of issuance. The department of community development shall issue the permit provided for herein if, in their judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit shall be void if its terms are violated.

(c)

Notice of completion shall be given within five (5) days to the department of community development for their inspection.

(d)

When a tree is reported as causing immediate threat to public safety or where immediate action is required, the department of community development will send the request to the road department. If the tree is determined to cause an immediate threat to public safety, the tree may be altered or demolished without being published in the Parish's official journal or approved by the planning commission.

22-7-3. Off-street parking and loading requirements.

22-7-3.1. Purpose. This section is intended to provide sufficient off-street parking spaces to serve all existing and proposed uses.

22-7-3.2. Number of parking spaces. Off-street automobile parking space or area shall be provided on any lot on which any of the following listed uses are hereafter established, and in accordance with the schedule shown. When a use is increased in capacity by the addition of dwelling rooms, guest rooms, floor area or seats, the minimum off-street parking shall be provided for such increase. Parking space or area may be located on any portion of a lot except in the required front yard or as herein provided.

(1)

Exceptions to number of parking spaces.

(a)

The department of community development or parish council may permit a reduction of up to twenty-five (25) percent of the required parking spaces due to shared use of parking facilities when the parking needs of the joint users occur at different hours of the day.

(b)

The department of community development may administratively permit a reduction of up to twenty-five (25) percent of the required parking spaces if on-site space is needed to meet the required setback, landscape and/or complete streets policy requirements.

(c)

Required parking spaces, in sufficient number to accommodate the motor vehicles of all occupants, employees, customers, guests, and any others normally visiting the premises at any one (1) time, shall be located either.

•

On the same lot with the principal use to which it is accessory; or

•

Within a radius of five hundred (500) feet of any part of the building which it is intended to serve.

22-7-3.3. Off-street parking and loading general requirements.

(a)

Off-street parking facilities for one-family and two-family dwellings shall be located on the same lot or plot of ground as the building to be served. The location of off-street parking facilities for other uses shall not be more than three hundred (300) feet distant from the main buildings; provided, however, that the zoning classification of such land is the same as, or less restrictive than, the classification of the lot upon which the main use is located except as hereinafter provided. Such parking space or area shall be established by a recorded covenant or agreement as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designated as required parking space or area, such encumbrances to be valid for the total period of the use or uses for which the parking is needed or in existence. Such agreement or covenant shall be duly recorded in the office of the clerk of court and a certificate furnished the director of the department of community development.

(b)

Parking requirements for two (2) or more uses of the same or different type may be satisfied by the allocation of a common or collective parking facility when such uses adjoin the area to be allocated for the parking facility. Such facility shall not be less than the sum of the requirements for the individual uses computed separately.

(c)

Area reserved for off-street parking or loading in accordance with the provisions of this section shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified except where equivalent off-street parking or loading space is provided.

(d)

For uses not specifically mentioned in this section the requirements for off-street parking and loading facilities for a similar use specifically mentioned in this section shall apply.

(e)

A parking area consisting of aggregate surface course may be constructed for schools and outdoor recreational facilities owned and operated by a school and which is used no more than the total number of days that the operating school is in session, provided all of the following conditions are met:

1.

The aggregate surface course shall meet the requirements of section 22-5-2, Aggregate Surface Course of the latest edition Louisiana Standard Specifications for Roads and Bridges.

2.

All required parking for the operating school/facility is met without having received a greater than forty-nine (49) percent variance from any local governmental body or entity. All current variances as of December 1, 1998 shall remain in effect.

3.

The owner shall take the necessary measures needed to suppress the creation of dust which may be caused by vehicular traffic and/or wind.

4.

The owner shall maintain all entrances to and exits from the parking area to ensure that aggregate material does not collect on public streets. The owner shall also maintain that portion of the public right-of-way used for entrances and exits and shall immediately repair potholes and make any other changes necessary to ensure the safety of vehicles and pedestrians which may traverse this area.

5.

Limited access to the parking area shall be provided from the public right-of-way and shall clearly be marked as entrances and/or exits.

6.

Sections of the parking area which are used for purposes other than those described above or which shall be utilized in more than thirty (30) days in a year must meet the requirements set forth in section 22-2-4.60.

7.

Rainfall run-off from the parking area shall not be directed onto public rights-of-way unless drainage calculations showing no adverse impact to existing drainage facilities and streets are submitted to the department of public works. The owner shall obtain a letter of no objection from the department of public works for the proposed drainage layout prior to construction of the parking area.

8.

Any expansion of a facility, including all structures owned and operated by the school, which requires additional parking area, shall meet the parking requirements as spelled out in section 22-2-4.60.

(f)

The requirements for an impervious, hard-surfaced parking space shall not apply to:

(1)

All residential structures and buildings of a temporary nature within A-1, Rural; SBV, St. Bernard Village; SA Suburban Agricultural, and R-1M, Mobile Home Subdivision Residential. For these uses, any required parking area and connecting driveway(s) shall be allowed to use an aggregate surface course.

(2)

Commercial and industrial uses within A-1, Rural; SBV, St. Bernard Village; and SA, Suburban Agricultural. For these uses a concrete curb outlining the required parking spaces and connecting driveways shall be constructed and an aggregate surface course shall be used to fill the required area. The minimum dimensions of the curb shall be twelve (12) inches high and six (6) inches wide. Construction of the curb shall provide a minimum of four (4) inches below grade and six (6) inches above grade.

(3)

Exceptions for subsections (1) and (2) above are allowed provided the requirements of Section 401, Aggregate Surface Course, of the latest edition of the Louisiana Standard Specifications for Roads and Bridges and the latest revision of the Louisiana Department of Transportation and Development Standards Plan for Driveways DW-03 Rural Driveway Details are met.

22-7-3.4. Parking lot design. For other than single-family residential uses, the following standards shall apply:

a.

All parking spaces, loading facilities, and access roadways shall be paved unless the board of zoning adjustments approves an adequate alternate all-weather surface.

b.

Each required parking space shall be eight (8) feet by eighteen (18) feet exclusive of driveways and traffic aisles except that handicapped parking spaces shall be provided with dimensions and quantity as required by statute.

c.

Landscaped islands shall be provided at the end of each parking aisle. In large parking lots, a landscaped island shall be provided between every third row of parking spaces. Landscaped islands shall be a minimum of six (6) feet wide unless modified by the department of community development.

d.

Driveways and traffic aisles shall be at least twenty-four (24) feet wide unless modified by the department of community development.

e.

when parking spaces are oblique to the aisle or an aisle has parking on only one (1) side.

f.

All parking spaces shall be marked with clearly visible striping at least four (4) inches wide.

g.

No required parking space shall also be used as a loading space.

h.

All parking spaces, loading facilities, and access roadways shall be suitably lighted.

i.

Unless modified by the board of zoning adjustments, all nonresidential parking spaces, loading spaces, driveways, access roadways, and traffic aisles shall be located at least:

1.

Twenty-five (25) feet from a front property line;

2.

Ten (10) feet from any side or rear property line; and

3.

Ten (10) feet from the front, rear or sides of any business structure.

j.

Safe and adequate vehicular traffic flow shall:

1.

Be provided to, from, and within all sites;

2.

Be integrated with the parking arrangement; and

3.

Have sufficient traffic aisles and lanes for circulation.

k.

Safe and adequate pedestrian traffic flow shall be:

1.

Provided in all parking area; and

2.

Integrated with the parking arrangement.

l.

Access drives may cross required yards where, in the commission's judgment, such drives are necessary for circulation and create connectivity between adjacent parking lots.

22-7-3.5. Off-street loading requirements. Every hospital, institution, hotel, commercial or industrial building or use having seven thousand five hundred (7,500) square feet of floor area or more shall have at least one (1) permanently maintained off-street loading space for each seven thousand five hundred (7,500) square feet of floor area or portion thereof. Each space shall have the minimum dimensions of ten (10) feet by twenty-five (25) feet and shall be provided within the building or upon the lot. This provision does not apply to commercial or industrial uses or buildings that do not require the use of trucks or other vehicles for delivery or disposition of goods to and from the building.

22-7-4. Sign regulations.

22-7-4.1. Purpose. The purpose of this section is to provide comprehensive regulations for signs within St. Bernard Parish, to facilitate the location and choice of signs, to avoid visual clutter that is potentially harmful to vehicular and pedestrian safety, to protect property values, to promote business opportunities, and to provide for a pleasing environmental setting.

22-7-4.2. Definitions.

Abandoned sign:

(1)

A sign that no longer correctly proclaims any person, business, lessor, owner, entity, or product, on or off premises; thirty (30) days after notice of noncompliance; or

(2)

A sign in disrepair that has not been maintained for a period of thirty (30) days after notice of disrepair or noncompliance; or

(3)

Any sign with no face, for a consecutive thirty (30) days from the date of notice of noncompliance.

(4)

A sign on a vacant lot that exists at the property thirty (30) days after notice of noncompliance.

Address sign: A sign which communicates only the numeric address of the premises on which it is located.

Arrow sign: Any portable or attached arrow sign, flashing or nonflashing, used to advertise or display any message.

Attached sign: Any sign which is connected physically to and which derives structural support from a building or building appendage or adornment.

Audible sign: A sign which is designed to or which does produce any sound.

Awning sign: Any sign placed on an awning that is supported entirely from the exterior wall of a building, and is composed of a cloth, plastic, or nonstructural covering; also, the awning itself, when words or images of advertisement or information are contained thereon.

Banners, banner signs, flags, seals: A sign having letters, characters, illustrations, or ornamentations applied to cloth, paper, or other lightweight material which allows for movement caused by the atmosphere, designed to express a message or identify a place, person, idea, or anything other than duly adopted flags or seals of municipalities, parishes, states, or nations.

Beacon: A strong bright light or strobe light focused on or pointed in one (1) or more directions.

Bench sign: A sign painted on or attached to a bench or a shelter, or other nonmobile structure, provided for a person awaiting public transportation.

Billboard sign: A freestanding sign used for selling advertising space, primarily off-premises advertising.

Changeable message sign: A sign on which the message or sign panels may be changed electronically or manually through the removal, replacement, or rearrangement of letters, symbols, blocks, or panels designed for attachment to the sign.

Construction sign: Any temporary sign erected and maintained by an architect, contractor, developer, financial institution, materials supplier, or subcontractor on sight for which said person or persons is presently furnishing labor, materials, services, or capital financing.

Facade sign: Any sign painted on or mounted against the surface of a front or side wall of a building, or any wall which is an essential part of the landscape design of the site, such as a wall screening for off-street parking.

Flashing sign: A light or light source or a reflection of a light source, which is intermittent.

Freestanding sign: Any sign that is supported only by a structure secured in the ground, which does not affect traffic safety by obstructing vision, and which is independent of any building, fence, support wires, vehicles, or other such objects for support.

Identification sign: A sign that is limited to name, address, person, or entity of a building.

Laser: Any device that emits a narrow, intense beam of light waves that have been amplified and concentrated by stimulated atoms, or the light produced by such a device.

Marquee sign: A permanent roof-like structure that projects beyond a building wall at an entrance to a building or extending along and projecting beyond a building's wall and constructed to provide protection against the weather.

Monument sign:

(a)

Any freestanding ground sign which is of monolithic construction;

(b)

If supports are visible, they must not exceed twenty-four (24) inches in height, measured from the ground surface;

(c)

The sign shall not exceed eight (8) feet in total height from the ground; in no instance shall the sign exceed sixty-four (64) square feet;

(d)

A double-faced monument sign shall be constructed back-to-back, unless visibility of such sign would be impeded, in which case the two (2) sides may form a V-shape, in which the interior angle does not exceed forty-five (45) degrees.

Neon sign: Any colored tubular lighting that is bent or formed into lettering or a design of which the primary source of light is gaseous. Anything within the outline of the neon will be considered part of the sign face.

Nonconforming sign: A sign which was legally erected and maintained prior to such time as it came within the purview of this Code and any amendments thereto, and which fails to conform to applicable regulations and restrictions of said Code, or a nonconforming sign for which a conditional use permit has been issued.

Off-premises sign: Any sign directing persons to a different location other than that on which sign is located, and which identifies goods, products, or services not available on the premises on which the sign is located.

On-premises sign: A sign identifying or advertising a person, business, activity, or product or service located on the premises where the sign is installed.

Permanent building: Permitted structure not supported by steel frame.

Pole sign: A sign erected on one or more pole, and which is wholly independent of any building for support in excess of eight (8) feet. Not to exceed thirty-five (35) feet in height.

Political sign: A temporary sign urging the election or defeat of any political candidate, group, or agent thereof, or urging the passage or defeat of any ballot measure, but not including any billboard owned or maintained by a commercial or advertising firm when leased or used as a political sign.

Portable sign: A sign not permanently attached to the ground, a building, or other structure; a sign designed to be moved from place to place; a snipe sign is one (1) that is tacked, nailed, posted, taped, pasted, glued, or otherwise attached to trees, walls, trash receptacles, fences, or other like objects. Legal notices required by law are exempt.

Projecting sign: Any sign other than a wall sign that is affixed to any wall or building, which has a leading edge extending twelve (12) or more inches beyond such wall or building. There are two (2) types:

(1)

Fixed—Fixed rigidly to building or wall; and

(2)

Swinging—Has only one (1) rigid support.

Real estate sign: A temporary sign erected by the owner or owner's agent, pertaining to the sale, lease, or rental of property on which sign is erected.

Revolving/rotating sign: A sign whose face is designed to turn on an axis.

Sign: Defined as a medium of communication; a display of letters, characters, illustrations, or ornamentations; includes its structure and component parts, but not guy wires or the poles to which they are attached.

Sign area: The square footage of the area enclosed within the perimeter of the sign face, with each face contributing to the composite area of any sign. In the case where there is no distinguishable geometric shape, the simplest geometric shape or rectangle enclosing the outer edges of the message shall determine the sign area. For back-lighted awnings, the entire area of the awning shall be considered the sign area.

Sign face: The part of the sign that can be used to identify, advertise, inform, communicate, or convey a visual representation that attracts attention of the public, for any purpose. It includes any background material, panel, trim, frame, color, and lighting that differentiates the sign from the building, structure, or object upon which it is mounted or against which it is placed.

Sign height: Defined as the vertical distance from the finished grade to the highest point of the sign or sign structure.

Sign structure: The supporting structure upon which a sign or sign face is attached or displayed, having its primary purpose the support or display of the sign; does not include a building or fence.

Snipe sign: One (1) that is tacked, nailed, posted, taped, pasted, glued, or otherwise attached to poles, trees, stakes, walls, trash receptacles, fences, or other like objects. Legal notices required by law are exempt.

Street banner sign: Any banner sign that is stretched across and hung over a public right-of-way.

Subdivision sign: A sign identifying the subdivision and designating the entrance or exit to such subdivision.

Temporary sign: A sign pertaining to a specific event or situation that is expected to occur and be completed within a reasonably short time period after the erection of such sign.

Trailer sign: A portable sign structure that is attached to or made up of in whole or in part of a trailer or any parts thereof that were previously a whole or part of a trailer.

Vacant lot: A lot on which there are no permanent buildings.

Vehicle sign: A portable sign that is displayed on or from any mode of transportation.

Window sign: Any sign that is painted on, applied to, attached to, or projected onto the interior or exterior of a building's glass area, including doors, or that which is located within one (1) foot of the interior of a building's glass area, which can be perceived from any off-premises contiguous property or public right-of-way.

22-7-4.3. Prohibited signs.

(a)

Abandoned signs.

(b)

Arrow signs.

(c)

Audible signs.

(d)

Beacons.

(e)

Lasers.

(f)

Portable sign not on the property of the business being advertised are strictly prohibited.

(g)

Projected signs.

(h)

Revolving/rotating signs.

(i)

Any sign which consists or comprises of deceptive, immoral, or scandalous matter, or that presents a message, picture, or letter combination which is offensive.

(j)

Any sign placed on a public street median is strictly prohibited. All such existing signs shall be removed.

22-7-4.4. Exempt signs.

(a)

Official notices posted by any court, public agency, or officer.

(b)

Historic plaques.

(c)

Traffic, directional, warning, or informational signs authorized by any public agency.

(d)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(e)

Private directional signs, not to exceed four (4) square feet in sign area, per sign.

(f)

Indoor neon signs, not to exceed six (6) square feet in area are allowed at or near windows, providing said signs do not exceed twenty-five (25) percent of the area of such window.

(g)

A portable sign on the property of the business is only allowable during the business hours of that business.

22-7-4.5. Dimensions, conditions, and restrictions for sign types.

(a)

Address signs. Nonilluminated address signs in nonresidential and mixed-use districts are not required to obtain a permit, but are a minimum requirement for all structures. They are not to exceed eight (8) square feet, in sign area. The minimum setback is five (5) feet and the maximum height shall be two (2) feet from the ground. Such signs shall be located on or within ten (10) feet of primary public entrance of the premises.

(b)

Awning/awning sign. Occupants for a commercial, industrial, institutional building or any use other than residential, is allowed an awning sign, also referred to as an awning. All signs must be installed by a licensed sign company or a licensed awning company.

(c)

Banners, flags, seals. Banners, flags, and seals will be allowed upon application, approval, and issuance of the permit by the department of community development. Applications must include: the name of the person, firm, corporation, or organization sponsoring said event, location(s) where sign(s) will be installed, and dates sign(s) will be displayed. Signs may not exceed thirty-two (32) square feet, and will be limited to up to two (2) banners, flags, or seals per premise. The total number of signs, location(s), and method of attachment must be approved by the director of the department of community development.

(d)

Changeable signs. Movie theater signs are allowed changeable message signs without limitation. All other changeable message signs must be incorporated into a sign face, and the changeable component must occupy less than one-half the total sign face area. Change copy, if used, must be located adjacent to or integrated into the sign face. Lettering of changeable signs shall be of uniform size and color. If internal illumination is used, it must be of negative contrast.

(e)

Construction signs. Nonilluminated construction signs will be permitted on premises that are being developed or improved, subject to the following requirements:

(1)

Building permit for construction work must be obtained prior to issuance of construction sign permit.

(2)

Residential districts. Only one (1) sign per contractor shall be permitted and no sign shall exceed six (6) square feet in sign area, nor three (3) feet in height. The sign shall denote only the architect, contractor, engineer, subcontractor, or financial agency that is providing labor, materials, services, or financial capital for the purpose of construction. The sign(s) shall not be located within ten (10) feet property line, or placed in such a spot as to obstruct traffic visibility.

(3)

Nonresidential or mixed use districts. Only one (1) sign is permitted by site, and said sign shall not exceed thirty-two (32) square feet in sign area. The sign shall denote only the architect, contractor, engineer, subcontractor, or financial agency that is providing labor, materials, services, or financial capital for the purpose of construction. The sign shall not be placed in such a spot as to obstruct traffic visibility.

(4)

Construction signs are limited to one (1) per premises, except when site has two (2) street frontages. In such case, one construction sign will be permitted for each street frontage, not to exceed two (2) signs.

(5)

All construction signs shall be removed prior to issuance of certificate of occupancy.

(f)

Facade signs for residential offices. Facade signs shall not occupy more than fifteen (15) square feet in area per side and not to exceed five (5) feet in height. Said signs shall not project more than four (4) inches from the face of the building. No portion of any such sign shall extend over parish property.

(g)

Facade signs. Facade signs shall not occupy more than one (1) square foot per linear foot of the building frontage. All signs must be installed by a licensed sign company.

(h)

Freestanding signs.

(1)

The total number of billboards shall be limited to a number of twenty-one (21).

(2)

Billboard signage shall be limited to six hundred seventy-two (672) square feet per side.

(3)

An applicant must receive a resolution from the parish council to replace a billboard.

(4)

Billboards shall be a minimum height of twenty-five (25) feet to the bottom of the sign.

(i)

Identification signs. For single-family residential districts, identification signs may not exceed three (3) square feet in sign area. In multifamily residential districts, identification signs may not exceed six (6) square feet and must identify only that specific building that is contained in said multifamily dwelling and must be consistent with the permitted use(s) of the residential structure.

(j)

Marquee signs. An occupant, for a commercial, industrial, or institutional use or for any use other than residential, is allowed one (1) marquee. Overall height of marquee sign shall not exceed six (6) feet. All signs must be installed by a licensed sign company.

(k)

Monument signs. Mounds/berms shall not be more than three (3) feet from ground level of lot and shall be located within a landscaped bed area. Height of monument signs shall not exceed eight (8) feet. Setback from the property line shall be a minimum of five (5) feet. If no building façade is behind monument sign, it may be set back up to fifty (50) feet from the property line. One (1) monument sign per one thousand (1,000) feet of street frontage or fraction thereof in excess of one thousand-foot increments shall be permitted. If more than one (1) street frontage, then one (1) additional monument sign will be allowed for each one thousand (1,000) feet or fraction thereof in excess of one thousand (1,000) feet. Single occupancy buildings shall have no monument sign greater than thirty-two (32) square feet; multi-occupancy buildings shall have no monument sign greater than seventy (70) square feet. All signs must be installed by a licensed sign company.

1.

Exception: Businesses located on Paris Road north of the 40 Arpent Levee shall be allowed signs totaling sixteen (16) feet in height measured from the crown of highway, and shall be allowed a sign no greater than seventy (70) square feet whether single or multi-occupancy buildings.

(l)

Neon signs. Anything within the boundary of the outline of the neon will be considered a part of the sign face. Neon signs shall not be used to illuminate or outline building facades or window or door openings.

(m)

Nonconforming signs. Any sign which legally existed prior to the date of adoption of the ordinance codified herein may be continued, but will lose its legally conforming status if any of the following occur:

1.

The sign has been abandoned for more than thirty (30) days from the notice of noncompliance.

2.

The building on the premises where the sign is located is no longer allowable according to the St. Bernard Parish Code of Ordinances.

3.

The sign is changed in a way, so that it is made less in compliance than with this code than before the change occurred.

4.

The sign is relocated.

5.

The sign structure has been significantly changed.

(n)

Political signs. Political signs shall not exceed thirty-two (32) square feet in commercial, industrial and agriculture zoned areas and shall not exceed eight (8) square feet in residential zoned areas, unless said sign is on a major thoroughfare then such sign can be displayed up to two-hundred fifty (250) feet from major thoroughfare. Said signs shall be allowed for no more than ninety (90) consecutive calendar days and must be removed within thirty-six (36) hours following election for which signs were permitted. If signs are for more than one (1) election, the permit will automatically extend to thirty-six (36) hours following the subsequent election.

(1)

Political signs are not permitted in public rights-of-way, except for the day of the election, and are not allowed to obstruct vehicular lines of vision. Signs placed in the public rights-of-way on the day of the election must be removed within twelve (12) hours following the day of election. The road department may remove the signs following this period and charge a five-dollar ($5.00) penalty per sign.

(2)

Said signs are not allowed to be stacked one (1) on top of another, like in billboard fashion.

(o)

Real estate signs. In residential areas, signs must be nonilluminated, and limited to five (5) square feet per side, for a total of ten (10) square feet. Sign height cannot exceed five (5) feet in height, if sign is freestanding in nature. In all other districts, signs must be limited to thirty-two (32) square feet per sign face, with an aggregate square footage of not more than sixty-four (64). If sign is freestanding, height cannot exceed seven (7) feet. All real estate signs must be removed within thirty (30) days of property being sold, rented, or leased.

(p)

Subdivision signs. Subdivision signs should not be more than forty-eight (48) square feet in area or ninety-six (96) square feet for a two-sided sign. Signs must be located only at entrances to approved subdivisions, and must obtain a permit from the department of community development to construct signs. All signs must be installed by a licensed sign company or contractor.

(q)

Window signs. Window signs shall be permitted as long as they do not prevent said windows from being used as an emergency exit.

(r)

Pole sign. A sign erected on one (1) or more pole, and which is wholly independent of any building for support advertising space shall not exceed sixty-four (64) square feet per side and must be installed by a licensed sign company.

22-7-4.6. Regulation of signs. All signs hereafter erected on any lot in any district, except official, traffic and street signs, shall conform to the provisions of this paragraph, unless otherwise provided.

(a)

Signs in Residential "R" Districts. In residence districts no sign shall be permitted except the following:

(1)

A sign, not exceeding two (2) square feet in area, giving the name and/or address only of the land or building on which displayed, or the owner or lessee thereof.

(2)

A sign pertaining to the lease or sale of a building or property, provided such sign shall not exceed twelve (12) square feet in surface area and is unilluminated.

(3)

Temporary nonilluminated signs, for one (1) year, advertising a new subdivision development of five (5) lots or more, provided such signs do not exceed sixty (60) square feet in surface area, are no more than fifteen (15) feet nor less than two (2) feet above ground, advertise only the development in which they are located, and are erected only at dedicated street entrances.

(4)

One (1) unilluminated sign identifying an engineer, architect or contractor engaged in the construction of a building, provided such sign shall not exceed twelve (12) square feet in surface area, is no more than fifteen (15) feet or less than two (2) feet above ground, and is removed within thirty (30) days following occupancy of the building.

(5)

One (1) identification sign, not to exceed thirty (30) square feet in area, for the following uses: church, school, hospital, library, farm, park, clinic or similar uses. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. It may be illuminated but not flashing.

(6)

Directional signs not to exceed two (2) square feet in surface area for the following uses: church, school, hospital, library, sanitarium, clinic or similar use; provided, that each shall be limited to one (1) such sign per major thoroughfare approach. No such sign shall be permitted on minor residential streets.

(7)

One (1) nameplate sign for a dwelling group of four (4) or more units not exceeding five (5) square feet in surface area. Such signs may indicate the names and addresses of the buildings or it may be a directory for the occupants.

(8)

One (1) nameplate sign, no more than four (4) inches in width and eighteen (18) inches in length, indicating the name and occupation or profession of the resident who utilizes the premises for a permitted home occupation.

(b)

Signs in C-1 Neighborhood Commercial Districts. In the C-1 District signs are permitted subject to the following regulations:

(1)

All signs permitted in the "R" districts.

(2)

The total area of all business signs on a building or lot shall not exceed one hundred fifty (150) square feet or the sum of three (3) square feet for each lineal foot of lot frontage, whichever is the greater. No signal business sign surface may exceed three hundred (300) square feet in area, nor shall two (2) or more smaller signs be so arranged and integrated as to create a surface area in excess of three hundred (300) square feet.

(3)

Advertising sign structures shall be limited to not more than one (1) structure for a lot of one hundred-foot frontage or less, and to one (1) additional structure for each one hundred (100) feet of additional lot frontage. Such structure may contain not more than two (2) signs per facing nor exceed fifty-five (55) feet in length, and no advertising sign may exceed three hundred (300) square feet in area. No advertising sign shall be erected within fifty (50) feet of an adjoining residential district if designed to face into such district.

(4)

Coordinated shopping center. Each coordinated shopping center may have one (1) incidental or freestanding identification sign for each street frontage set back at least twenty (20) feet from the front property line and announcing only the name of the shopping center and the hours of business.

(c)

Signs in C-2 General Commercial or A-1 Rural Districts. In the C-2 or A-1 District signs are permitted with the following regulations:

(1)

All signs permitted in the "R" districts.

(2)

The total surface area of a business sign or signs on a lot shall not exceed six (6) feet for each lineal foot of lot frontage.

(3)

Advertising sign structures shall be limited to not more than one (1) structure for a lot of fifty-foot frontage or less, and to one (1) additional structure for each fifty (50) feet of additional lot frontage. Such structure may contain not more than two (2) signs per facing nor exceed fifty-five (55) feet length. No advertising sign may be erected within fifty (50) feet of an adjoining residential district if designed to face into such district.

(4)

Coordinated shopping center. Each coordinated shopping center may have one (1) incidental or freestanding identification sign for each street frontage set back at least twenty (20) feet from the front property line and announcing only the name of the shopping center and the hours of business.

(d)

Signs in I-1 and I-2 Industrial Districts. In the I-1 and I-2 Districts signs are permitted subject to the following regulations:

(1)

All signs permitted in the "R" districts.

(2)

The total surface area of a business sign or signs on a building or lot shall not exceed ten (10) square feet for each lineal foot of lot frontage.

(3)

Advertising sign structures shall be permitted subject to subsection (e) below.

(e)

General restrictions. Unless otherwise provided in this chapter, the following regulations shall apply to signs in all districts:

(1)

No sign shall be erected as to prevent free ingress or egress from any door, window or fire escape, and no sign of any kind shall be attached to a standpipe or fire escape.

(2)

No sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of position, it may interfere with or obstruct the view of traffic sight lines or traffic-control devices. If located within direct line of vision of a traffic-control device, no flashing or intermittent red, green or amber illumination shall be used.

(3)

Any sign affixed flat against the wall of a building and not more than fifteen (15) inches in thickness shall not be deemed a projecting sign. Projecting signs may extend not more than forty-eight (48) inches beyond the building line, or over public property, in no event closer than two (2) feet to the curbline, and shall be at least ten (10) feet above the finished grade of the sidewalk. Wall signs shall not extend more than fifteen (15) inches over public property; however, lighting devices may extend not more than six (6) feet over public property, provided the lowest part of such device is at least fifteen (15) feet above the finished grade.

(4)

Business and advertising signs are required to observe the same setback, side yard and height limitations as provided for other buildings or structures in the zoned district; provided, that where drive-in service or parking facilities are provided, one (1) business sign, not exceeding forty-five (45) square feet in area, may be erected in any required setback area if it is not located nearer to the street or highway right-of-way line than one-third (⅓) the required setback distance.

(5)

The illumination of any sign within fifty (50) feet of and facing a residential zone lot line shall be diffused or indirected and designed to prevent direct rays of light from shining into adjoining residential districts; and in no event shall flashing or intermittent illumination be permitted where the sign faces directly into and is nearer than three hundred (300) feet to dwellings in a residential district.

(6)

Directional or informational signs of a public or quasipublic nature, not exceeding six (6) square feet in area, may be permitted in any district on approval of the director of the department of community development. Any illumination shall be nonflashing, uncolored and confined to the face of the sign. No advertising matter whatsoever shall be permitted on signs of this type.

(7)

Temporary signs indicating an event of public interest, such as a state or local fair, local or general election, cattle or horse show, etc., may be erected on a thirty-day, nonrenewable permit in any zone on approval of the director of the department of community development.

(8)

Whenever a sign becomes structurally unsafe or endangers the safety of a building or premises, or endangers the public safety, office of community development or its designee shall give written notice to the owner of the sign or the owner of the premises on which the sign is located that such sign be made safe or removed within forty-eight (48) hours.

(9)

Any business or outdoor advertising sign legally existing prior to the adoption of the ordinance from which this chapter derived and which does not conform to these provisions shall not be altered, or changed in overall dimensions, except to conform to the provisions of this chapter. If damaged to an extent in excess of thirty (30) percent of its current replacement value, it shall not be rebuilt, provided that nothing contained herein shall be construed to prevent normal maintenance and repairs, repainting or posting of such signs or structures.

(10)

Unless otherwise provided in these regulations, all signs shall be constructed and erected in accordance with the building code for the Parish of St. Bernard, Louisiana.

(11)

To provide reasonable flexibility in these regulations, office of community development or its designee may approve an application for a business sign or advertising structure which may not conform with the provisions of the district in which it is to be located, where the location, size or addition would not be inconsistent with the character of the area or neighborhood in which such sign or structure is to be located.

(12)

All signs should be in compliance with the LA State Statutes.

22-7-4.7. Application requirements and fee schedule.

(a)

Application requirements. All applications should include the following information, in duplicate:

(1)

Name, address, and telephone number of applicant;

(2)

Permission of premises' owner;

(3)

Legal description of the property where sign(s) is/are to be constructed;

(4)

A site plan, depicting the proposed plan of development;

(5)

An illustration of sign(s), including pylons, side views of signs, and any other rendering deemed necessary by the department of community development, to ensure clear understanding of proposed signage;

(6)

Sizes, materials, and illumination of said signs;

(7)

Wind loads, IBC requirements.

(b)

Fees. When completed application is submitted with required information, a nonrefundable application fee shall be required according to the following schedule:

(1)

Electrical signs: Twenty-five dollars ($25.00), plus electrical signs applicants shall pay an additional cost of an electrical inspection by either the St. Bernard Parish office of community development or its licensed designee.

(2)

Non-electrical signs: Twenty-five dollars ($25.00).

(3)

Murals: Twenty-five dollars ($25.00).

(4)

Temporary signs: Twenty-five dollars ($25.00).

(5)

Banners: Twenty dollars ($20.00).

(6)

Billboards: Five hundred dollars ($500.00). All electrical sign applicant shall pay an additional cost for an electrical permit.

(7)

Political signs. Twenty-five dollars ($25.00).

22-7-4.8. Enforcement, violations and penalties.

(a)

Enforcement. The provisions of this section shall be administered and enforced by the director of the department of community development, a parish planner, or, in the absence of these, the building inspector. All such officers shall have the authority and power to make inspections of any signs, sign structures, murals, or premises necessary to carry out their duties in the enforcement of the provisions of this section.

(b)

Violation and notice.

(1)

If any sign or sign structure is erected, structurally altered, or maintained or used in violation of any of the provisions of this article, any proper parish official or his or her duly authorized deputies or representatives shall begin any appropriate actions or proceedings to prevent such unlawful or illegal act, conduct, or use in or about or concerning any such sign, sign structure, or premises. Each day that any such violation continues shall constitute a separate violation of this section. The director of the department of community development, the parish planner, or the building inspector may call upon the sheriff of St. Bernard Parish to furnish necessary personnel to carry out his/her orders.

(2)

All notices of violations will be mailed to the offender by United States Postal Service certified mail to one (1) owner of the property as declared on the tax rolls of the assessor. Notice to one (1) owner shall constitute notice to any co-owner.

(3)

If the certified notice should be returned by the United States Postal Service, notice will be accomplished by posting said notice in a conspicuous location on the sign and to the building directly associated with the sign in violation in addition to publishing a public notice once in the official journal of St. Bernard Parish.

(4)

The notice shall contain the following:

a.

The location of the sign;

b.

Type of sign violation;

c.

The penalties and enforcement proceedings that the owner may be liable for if the sign in violation is not voluntarily abated.

d.

A copy of Municipal Ordinance [subsection] 22-7-4.9. The due process procedure which sets forth the administrative procedures to appeal said violation.

(c)

Penalties. Signs in violation that are not abated or appealed within thirty (30) days of notification, the parish, through the department of public works - road yard, or designee, is hereby authorized to destroy and remove the sign in violation and the property owner as shown on the latest property assessment rolls, shall be assessed a charge for the removal of the sign in accordance with the following schedule:

(1)

A charge for the labor and equipment used to remove the sign.

(2)

An additional charge shall be assessed for the cost of any preparatory work. Included in this charge will be a charge to cover inspection and administrative costs. In connection with any work performed pursuant to this section, the department of engineering may proceed to have the necessary work done either by its own employees or by an independent contractor.

(3)

Upon failure of any such property owner to pay the charges assessed in performing said removal of the sign, a lien and privilege in favor of St. Bernard Parish for the cost, shall be against the property on which the sign was removed.

(4)

Political signage: All political signs found in violation of district regulations (subsection 22-7-4.5(n)) dimensions, conditions, and restrictions for sign types (political signs) shall be removed within seventy-two (72) hours after issuance of a violation by the property owner or the department of public works - road yard, or designee, thereafter subject to above penalties and administrative costs.

22-7-5. Outdoor illumination.

22-7-5.1. Purpose. This section is intended to control the number, size, location, and intensity of outdoor illumination in order to protect the public health, safety and general welfare.

22-7-5.2. Requirements.

a.

All outdoor lighting shall be directed to avoid glare outside the property line or boundary, or into the sky.

b.

All outdoor lighting which is designed and intended to illuminate buildings or yards shall be arranged so that the lights will not shine into the eyes of any person external to the premises, or cause a nuisance or hazard from glare.

c.

Light standards shall be located so as not to interfere or conflict with traffic movement or parking and shall be shown on the site plan.

d.

Poles and standards used for outdoor lighting shall not exceed twenty (20) feet in height. Photometric plans shall be required for all lots providing more than twenty (20) parking spaces and the commission encourages fifteen-foot light poles.

e.

Flood lighting shall be avoided except for loading areas.

f.

Lighting fixtures shall be full cut off with low glare and directed lighting.

g.

All non-essential lighting for security purposes shall be turned off after hours.

22-7-6. Refuse storage.

22-7-6.1. Purpose. This section is intended to control the number, size, location, and screening of refuse storage areas in order to protect the public health, safety and general welfare.

22-7-6.2. Requirements.

a.

Facilities for the storage of refuse and garbage shall be located in such a manner as to make the facilities inconspicuous to residents and the general public.

b.

Refuse storage areas shall be enclosed and screened from view with fencing, wall or hedge/shrubs unless modified by the commission.

c.

Refuse storage areas shall be easily accessible for service vehicles and building occupants and shall not interfere with required parking spaces or travel lanes.

d.

Refuse storage areas shall have an eight-inch thick concrete pad unless modified by the commission.

e.

No other outside sheds or storage bins for refuse will be allowed.

f.

Separating distance: outside front setback, and ten (10) feet from any property line

22-7-7. Access management.

22-7-7.1. Purpose. This section is intended to control the number, size, and location of driveways and access points for business uses in order to promote overall traffic control and promote public safety and welfare.

22-7-7.2. Considerations. The commission shall review parking layout and configuration, traffic circulation within the site, the number and location of access points to and from the site, and the nature and type of traffic circulation on adjacent roadways to ensure that public safety and welfare is promoted with the greatest efficiency.

22-7-7.3. Requirements.

a.

When street geometry, traffic volumes or traffic patterns warrant, the commission may:

1.

Limit the number of driveways that serve a specific site;

2.

Designate the location of any driveway;

3.

Require the use or provision of a shared driveway with associated easements;

4.

Limit access to a major street and require access from a minor street;

5.

Require a traffic study be conducted; and

6.

Ensure compliance with department of transportation requirements.

b.

As part of application approval, the commission may require an applicant or owner to:

1.

Establish mutual driveway or other easements to provide a single point of access for two (2) or more abutting properties in a location acceptable to the commission;

2.

File such easements on the land records in favor of the abutting property owners and/or the Parish of St. Bernard as shall be acceptable to the commission and the parish attorney; and/or

3.

Utilize a mutual driveway or other easement that exists on abutting property in lieu of having a separate curb cut onto a road or street.

c.

Any easements filed shall be unused by the owner or owners of abutting property, and shall not be deeded by the parish to the owner or owners of abutting property, until an abutting owner shall have paid:

1.

The then-owner of the burdened premises the sum which the parish reasonably determines to be the fair share of the abutting owner with regard to the fair market value of the easement at the time of its use or transfer;

2.

The Parish of St. Bernard for the costs of any appraisal secured to determine fair market value if the owners are unable to agree on compensation; and

3.

The Parish of St. Bernard for such other transactional costs as may be incurred by the town in effecting any transfer.

22-7-8. Consolidated parcels. For purposes of integrated development, any number of contiguous parcels may be consolidated, and the consolidated parcel shall be construed to be one (1) lot when computing building coverage and yard requirements, and permitted uses, provided:

1.

The owner of each lot shall give to the owner of each lot in the consolidated parcel by deed, easement, or agreement filed in the office of the parish clerk, the right of entrance, exit, passage, parking and loading.

2.

The consolidated parcel is developed with an integrated plan of buildings, parking, loading and unloading.

22-7-9. Performance standards. All uses shall be so operated as to comply with standards of performance or their equivalent which have been or which may be adopted or amended from time to time by the State of Louisiana.

All uses shall be so operated as to comply with the performance standards described in this section below, and, in addition to the performance standards hereinafter specified, all uses shall be so constructed, maintained and operated as not to be injurious to the use and occupation of the adjacent premises by reason of the emission or creation of noise, vibration, radiation, fire and explosive hazard or glare.

Nothing in this subsection shall be construed to alter, change, modify or abrogate any authority granted exclusively to any state agency.

(a)

Smoke, dust, particulate matter, toxic or noxious waste materials. All uses shall be so operated as to comply with standards of performance or their equivalent which have been or which may be adopted or amended from time to time by the Louisiana Department of Environmental Quality.

(b)

Radiation hazards. All uses shall be so operated as to comply with standards of performance or their equivalent which have been or which may be adopted or amended from time to time by the Louisiana Department of Environmental Quality.

(c)

Vibrations. No use shall be operated so as to produce ground vibration, noticeable without instruments, at the lot line of the premises on which the use is located.

(d)

Electromagnetic interference. No use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception in any residential or commercial district.

(e)

Fire and explosion hazards. Each use shall be operated so as to minimize the danger from fire and explosion and to comply with the regulations contained in the building code of the parish, all applicable fire prevention codes and any other parish ordinance.

(f)

Humidity, heat or glare. In I-1, Light Industrial zones any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that steam, humidity, heat or glare is not perceptible at any lot line.

In heavy industrial districts any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that the steam humidity, heat or glare is not perceptible at or beyond the boundary of the district in which the use is located or at or beyond any residential or commercial district boundary.

22-7-10. Complete streets. The St. Bernard Parish Complete Streets Policy per Resolution SBPC-#1572-04-16 shall be considered a matter of public health and safety for the residents and commuters of St. Bernard Parish and therefore of utmost priority. All proposed development expressly described in chapter 5-27 and chapter 19-5 shall implement complete street elements set forth in said sections when feasible subject to chapter [section] 22-7-10.a.1 and shall be reviewed by means of site plan review with subsequent approval by the directors of community development and the department of public works.

1.

Feasibility standards.

a.

Complete street element implementation shall be required within all private development located along all public rights-of-way.

b.

For a development to be considered not feasible for complete street implementation, the following conditions shall occur subject to the discretionary approval of the director of community development during the site plan review process for development subject to chapter 5-27:

i.

Development is not located on a public right-of-way.

ii.

The cost of providing complete street implementation would be excessively disproportionate to the need or probable use of development located within A-1 (Rural) and SA (Suburban Agriculture) zoning districts.

iii.

An existing structure or site condition with an existing legally non-conforming encroachment into the public right-of-way, when reasonable alternatives cannot be achieved.

(Ord. No. SBPC-1420-09-13, § 1(Exh. A), 9-3-13; Ord. No. SBPC-1537-08-14, § 1(Exh. A), 8-19-14; Ord. No. SBPC-1563-10-14, § 1(Exh. A), 10-7-14; Ord. No. SBPC-1581-11-14, § 1, 11-18-14; Ord. No. SBPC-1602-01-15, § 1(Exh. A), 1-6-15; Ord. No. SBPC-1671-07-15, § 1(Exh. A), 7-21-15; Ord. No. SBPC-1702-10-15, § 1(Exh. A), 10-20-15; Ord. No. SBPC-1722-12-15, § 1(Exh. A), 12-15-15; Ord. No. SBPC-1793-06-16, § 1(Exh. A), 6-21-16; Ord. No. SBPC-1827-10-16, § 1(Exh. A), 10-18-16; Ord. No. SBPC-1828-10-16, § 1(Exh. A), 10-18-16; Ord. No. SBPC-1866-04-17, § 1(Exh. A), 4-4-17; Ord. No. SBPC-1996-09-17, § 1(Exh. A), 9-5-17; Ord. No. SBPC-1997-09-17, § 1(Exh. A), 9-5-17; Ord. No. SBPC-2076-07-18, § 1(Exh. A), 7-3-18; Ord. No. SBPC-2091-09-18, § 1(Exh. A), 9-18-18; SBPC-2156-05-19, § 1(Exh. A), 5-7-19; Ord. No. SBPC-2199-10-19, § 1(Exh. A), 10-1-19; Ord. No. SBPC-2210-11-19, § 1(Exh. A), 11-5-19; Ord. No. SBPC-2244-06-20, § 1, 6-19-20; Ord. No. SBPC-2258-08-20, § 1(Exh. A), 8-18-20; Ord. No. SBPC-2267-10-20, § 1(Exh. A), 10-6-20; Ord. No. 2409-02-22, § 1(Exh. A), 2-1-22; Ord. No. SBPC-2511-08-23, § 1(Exh. A), 8-15-23)