- IN GENERAL
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandonment means the relinquishment of property, or a cessation of the use of the property by the owner with the intention neither of transferring rights, to the property, to another owner or of resuming the use of the property.
Abandonment of property means the relinquishment of property, or a cessation of the use of the property by the owner with the intention neither of transferring rights, to the property, to another owner or of resuming the use of the property.
Abut means to physically touch or border upon; or to share a common property line.
Access means a way or means of approach to provide physical entrance to a property.
Accessory structure means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
Accessory use means a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
Acts of public enemy means actions that cause damage to property as a result of war or conflict between the United States and a foreign nation or other organized entity. The term acts of public enemy shall not be construed as to include actions undertaken by individual citizens or non-human entities, such as robbery, vandalism, neglect of property, or animal infestation.
Addition means a structure added to the original structure at some time after the completion of the original.
Adjoining lot or land means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
Adult media means magazines, books, videotapes, movies, slides, digital media, or other media distinguished or characterized an emphasis on matter depicting, describing, or relating to obscene, sexually oriented, or sexually explicit material.
Adult media store means any establishment that rents and/or sells media, and that meets any of the following three tests.
(1)
Ten percent or more of the gross public floor area is devoted to adult media.
(2)
Ten percent or more of the stock-in-trade consists of adult media.
(3)
It advertises or promotes the business in any forum as "XXX," "adult," "sex," or otherwise as a sexually oriented business.
Adult use is a collective term that means any place, establishment, or business which offers, advertises, or is engaged in any activity, service, sale, or display of any commodity that is distinguished or characterized by an emphasis on the obscene, the sexually oriented, or the sexually explicit. The definition of adult use includes any establishment consisting of, including, or having the characteristics of any of the following: adult cabaret, adult media store, sex shop, adult theater, or tattoo parlor. Adult use refers to the characteristics of a use and can be applied to a range of uses. For example: retail book store versus adult retail bookstore or theater versus adult theater.
Agriculture means the use of land for agricultural purposes including agriculture, dairying, farming, floriculture, horticulture, pasturage, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities.
Aisle means the traveled way by which cars enter and depart parking spaces.
Alley means all public rights-of-way at the rear of the lot that normally afford a secondary means of access to abutting property.
Alteration means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure from one location to another.
Apartment means a portion of a building consisting of a room or suite of rooms intended, designed, or used as a permanent residence by an individual or one family.
Apartment house. See Dwellings, multiple.
Artisan/craftsman workshop means a workshop used by artists or craftspersons for the production or creation of individual handmade objects (not mass produced), such as furniture, sculpture, small-scale metalworking, paintings, pottery, glassware, specialized bookbinding, and hand-woven clothing. Light manufacturing or assembly uses do not present any industrial impact outside of the subject use site. This definition specifically does not include: any process featuring highly flammable, toxic, or explosive materials on-site, chemical manufacturing or production, milling or processing, refining, smelting, alloying processes or automobile/heavy equipment service or repairs.
Assisted living facility means a housing facility with limited care that is designed for senior citizens who need some assistance with daily activities, but do not require care in a nursing home.
Automobile laundry means a building or portion thereof, containing facilities for washing more than two automobiles, using production line methods with chain conveyor blower, steam cleaning device, or other mechanical devices. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. For the purpose of these provisions, coin-operated devices, of the nature stated in this definition, which are operated on a self-service basis shall be construed to be the same.
Automobile repair services and garages means establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public.
Automobile service station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories.
Automobile, trailer or mobile home sales areas means an open, partially open, or enclosed area other than a street, used for the display, sale or rental of new or used automobiles, trailers, or mobile homes and where no repair work is done except minor incidental repair of automobiles, trailers, or mobile homes to be displayed, sold or rented on or from the premises.
Basement means that portion of a building between floor and ceiling, which is partly below and partly above the average level of the adjoining grade but so located that the vertical distance from the average level of the adjoining grade to the floor below is less than the vertical distance from the average level of the adjoining grade to the ceiling.
Board of adjustment means an officially constituted body whose principal duties are to grant variances from the strict application of this chapter.
Boardinghouse means a residential building other than a hotel, motel, or tourist cabin where lodging and meals for four or more persons are served for compensation, and by prearrangement for definite periods. For the purpose of these provisions this shall not include a mobile home.
Borrow pit means any place or premises where dirt, soil, sand, gravel, or other material is removed by excavation or otherwise, below the grade of surrounding land, for any purpose other than mining operations such as gold, silver, coal, etc., and, that are necessary and incidental to grading or to building construction on the premises.
Buffer zone means land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
Building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature.
Building, accessory, means a subordinate structure on the same lot as the principal or main building or use, occupied or devoted to a use incidental to the principal use.
Building, alteration of, means any change or rearrangement in the supporting members (such as bearing walls, beams, columns, or girders) of a building or any addition to a building, or movement of a building from one location to another.
Building area orlot coverage by building means that portion of a lot or building site that can be legally occupied by the ground floor of the principal building or use and all permitted accessory uses excluding those portions of the lot or building site which shall be reserved for minimum required yard spaces, off-street parking and loading or unloading spaces.
Building, completely enclosed, means a building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
Building, detached, means a building surrounded by open space on the same lot or tract of land.
Building, height of, means the vertical distance measured from average elevation of the finished grade adjoining the building at the front building line:
(1)
To the highest point of the roof surfaces if a flat roof;
(2)
To the deck line of a mastered roof; and
(3)
To the average height level between eaves and ridge for gable, hip and gambrel roofs.
Building inspector means the person designated by the parish to enforce the provisions of the adopted parish codes.
Building line means a line defining the minimum front, side and rear yard requirements.
Building, main. See Building, principal.
Building permit means a permit issued by the parish chief building inspector authorizing the construction or alteration of a specific building or structure on a specific lot or tract.
Building, principal, means the building on a lot used to accommodate the primary use to which the premises are devoted.
Building site means one contiguous piece of land that meets all of the provisions of the parish's ordinances, regulations, and codes for building on the site. For the purpose of this chapter, the entire amount of ground being called a building site shall be in one specific zone category. This shall not be construed to mean merely residential, commercial, industrial, etc.
Bulk storage means the storage of chemicals, petroleum products and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.
Carport. See Garage, private.
Cellar means that portion of a building between floor and ceiling which is wholly or partly below the average level of the adjoining grade and so located that the vertical distance from the average level of the adjoining grade to the floor below is equal to or greater than the vertical distance from the average level of the adjoining grade to the ceiling.
Certificate of occupancy means a document issued by the proper authority lowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable parish codes and ordinances.
Child care center means a private establishment enrolling four or more children between two and five years of age and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a child care center.
Church means a building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
Clinic means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.
Clinic, animal, means a building used by a group of professional medical persons for the healing arts or treatment of small animals on an outpatient or nonboarding basis only, without runs.
Club means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
Clubhouse means a building, or portion thereof, used by a club.
Cluster means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
Commercial use means an activity carried out for pecuniary gain.
Common elements means land amenities, parts of buildings, central services and utilities, and any other elements and facilities owned and used by fall condominium unit owners and designated in the master deed as common elements.
Community assembly venues and/or banquet halls means an establishment that provides space, either indoors or outdoors, that can be used for a variety of community oriented uses such as weddings, parties, reunions, or ceremonies. Such uses are generally characterized by their ability to provide seating or dancing area, and their lack of a full-service restaurant.
Community home means a privately owned facility licensed, certified or monitored by the state department of health and hospitals for the personal care or supervisory care of six or fewer individuals with no more than two live-in staff members.
(1)
The term "community home" includes facilities that generally provide supervisory or personal care for individuals who are mentally or physically handicapped.
(2)
The term "community home" does not include persons handicapped by reason of current drug or alcohol abuse, nor to handicapped persons currently under sentence or on parole for any criminal violation or who have been found guilty of a criminal charge by reason of insanity.
Conditional use permit describes a land use action, taken by the parish council, to allow a specific use on a lot or site. Such action shall require an ordinance and shall be processed as per chapter 113 - zoning, article II - administration and enforcement, division 4 - conditional use permits.
Condominium means a building or group of buildings, which are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
Condominium office means an office building, or group of buildings, organized, owned and maintained as a condominium.
Conforming use means any lawful use of a building, structure, lot, sign or fence that complies with the provisions of this chapter.
Contiguous means next to, abutting, or touching and having a boundary or portion thereof, which is coterminous.
Country club means a land area and buildings containing recreational facilities, clubhouse and usual accessory uses, open only to members and their guests for a membership fee.
Court means an open unoccupied space other than a yard, on the same lot with a building and that is bounded on two or more sides by the building.
Curb cut means an interruption, or break in the line of a street curb in order to connect a driveway to a street, or otherwise to provide vehicular access to abutting property.
Curb level means the level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the parish engineer shall authorize and approve the establishment of such curb level or it's equivalent for the purpose of this chapter.
Day care center/day nursery. See Child care center.
Decibel means a unit of sound pressure level.
Density means the number of families, individuals, dwelling units, or housing structures per unit of land.
Development means:
(1)
The division of a parcel of land into two or more parcels;
(2)
The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; and
(3)
Any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.
Director of planning and zoning department means the person designated by the parish for the administration and supervision of the enforcement of this chapter and adopted parish codes, as applicable.
District means a part, zone or geographic area within the parish within which certain zoning or development regulations apply. For the purposes of this chapter, the term "district" is synonymous with the term "zone."
Drive-in restaurant, eating or drinking place means an activity which provides food and/or drink items specifically prepared for/or packaged in such a way as to permit consumption outside the building, either on or off the premises.
Drive-in theater. See Theater, drive-in.
Drive-in use means an establishment which by design physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
Dwelling.
(1)
The term "dwelling" means any building which is completely intended for, designed for and used for residential purposes.
(2)
For the purpose of this chapter the term "dwelling" does not include a hotel-motel, hotel, motel, nursing home, tourist cabins, college or university dormitories, or military barracks.
Dwelling, attached, means a one-family dwelling attached to two or more one-family dwellings by common vertical walls.
Dwelling, detached, means a dwelling that is not attached to any other dwelling by any means. The term "dwelling structure" means surrounded by open space on the same lot or tract of land.
Dwelling, doubles. See Dwelling, two-family.
Dwelling, duplexes. See Dwelling, two-family.
Dwelling, group house, means a building that has no less than three nor more than six one-family dwelling units erected in a row as a single building, on adjoining housekeeping lots, each being separated from the adjoining unit by an approved masonry party wall extending from the basement or cellar floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides. No two dwelling units in such a building shall be served by the same stairway or by the same exterior door of the dwelling unit, but shall be served individually by at least two separate exterior doors that shall not be through the same wall side of any one-dwelling unit.
Dwelling, multifamily, means a dwelling containing more than two dwelling units.
Dwelling, multiple, means a residential building used and/or arranged for rental occupancy, or cooperatively owned by occupants, having three or more dwelling units, as separate housekeeping units. The term "multiple dwelling" includes apartment buildings and group house dwellings.
Dwelling, patio homes, means a one-family dwelling on a separate lot with open space setbacks (yards) on three sides. The term "patio home dwelling" is synonymous with the term "zero lot line home."
Dwelling, semidetached, means a one-family dwelling attached to one other one-family dwelling by a common vertical wall, each dwelling located on a separate lot.
Dwelling, single-family, means a detached residential building designed, arranged, or used for or occupied exclusively by one family. The term "single-family dwelling" does not include mobile homes.
Dwelling, single-family detached, means a dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
Dwelling, townhouse, means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
Dwelling, trailer. See Mobile home.
Dwelling, two-family, means a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
Dwelling unit means a building or portion thereof providing complete housekeeping facilities for one person or one family.
Easement means a right, distinct from the ownership of the land, to cross property with facilities such as, but not limited to, sewer lines, water lines and transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an area for drainage or access purposes.
Emission standard means the maximum amount of a pollutant legally permitted to be discharged from a single source, whether mobile or stationary.
Enlargement means an increase in the size of an existing structure.
Environment means the sum of all external conditions and influences affecting the life, development and, ultimately, the survival of an organism.
Essential services means the erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories reasonably necessary for furnishing adequate service or for the public health, safety or general welfare. The term "essential services" does not include buildings.
Excavation means the removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
Existing use means the use of a lot or structure at the time of the enactment of the zoning ordinance from which this chapter is derived.
Fabrication and assembly means the manufacturing from standardized parts of a distinct object differing from the individual components.
Family means an individual or two or more persons related by blood, marriage or adoption, or group of not more than six persons (excluding domestic help) who need not be related by blood or marriage, living together in a single housekeeping unit as their common home for the time, as distinguished from a group occupying a boardinghouse, lodginghouse, hotel, club, fraternity or sorority house.
Fast food restaurant means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off-premises.
Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Fill means the placing, storing, or dumping of any material such as earth, clay, shell, sand, concrete, rubble, or waste of any kind upon the surface of the ground which results in increasing the natural surface elevation.
Filling station. See Service station.
Floor area, gross, means the sum of the gross horizontal area of the several floors of a dwelling unit or units exclusive of porches, balconies and garages measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating dwelling units.
(1)
For uses other than residential, the gross floor area shall be measured from the exterior walls or from the centerline of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
(2)
The term "gross floor area" does not include floors used for parking space when such parking pertains to a residential, commercial, or office used in the same structure.
Front foot means a measure of land width, being one foot along the front lot line of a property.
Front lot line. See Lot line, front.
Front yard. See Yard, front.
Frontage means all the property abutting one side of the right-of-way of a street, measured along the right-of-way line of the street between the lot lines as extended to intersect said right-of-way line of said street. In no case shall the line along an alley be considered as acceptable for frontage.
Garage means a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
Garage, repair, means any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered. See Automotive repair, services and garages.
Garage, private, means an accessory building or portion of a principal building not exceeding 800 square feet in area, per dwelling unit; designed, intended and used for the storage of not more than four motor driven vehicles, per dwelling unit; owned, used and registered in the name of the occupants of the dwelling unit for which said private garage is intended. Not more than one of the vehicles shall be a commercial vehicle and this vehicle shall not be more than of two-ton capacity. The term "private garage" does not include a public garage.
Garage, public, means a building or portion thereof designed, intended, and used exclusively for the care, repair of equipment of self-propelled motor vehicles or other vehicles. The term "public garage" does not include a private garage.
Golf course means a tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. See Country club.
Green area means land shown on a development plan, master plan or official map for preservation, recreation, landscaping or park.
Group housing. See Dwelling, group house.
Hazardous materials includes, but is not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; metallo-organic derivatives; coal, tar acids such as phenol and cresols and their salts and all radioactive materials.
Home occupation means any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit. The area of a home occupation is not to exceed ten percent of the total dwelling unit.
Hospital, animal, means a building used by a group of professional medical persons for the healing arts or treatment of animals, generally, on an inpatient or boarding basis and shall have outside runs.
Hospital, persons, means a building used by a group of professional medical persons for the healing arts or treatment of persons, generally, on an inpatient or boarding basis.
Hotel means a building occupied as the more or less temporary abiding place for travelers and transient guests who are lodged with or without meals and in which there are sleeping rooms usually occupied singly and with no provisions made for cooking in any individual room or a group of rooms occupied by a person and with no provision made for cooking in any of the rooms as specified.
House trailer. See Mobile home.
Improved lot means a lot containing an improvement.
Improvement means any manmade, immovable item that becomes part of, or is affixed to, real estate.
Industrial property means any lot of land containing an industrial use or building of such uses as may be defined herein.
Industry means those fields of economic activity including forestry, fishing, hunting and trapping; mining; construction; manufacturing; transportation; communication; electric, gas, and sanitary services; and wholesale trade.
Institutional use means a nonprofit or quasi-public use or institution such as a church, library, public, or private school, hospital, or municipally owned or operated building, structure or land used for public purpose.
Junk means scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc, and all other scrap metals and the alloys and bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, inoperative motor vehicles, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition or which are subject to being dismantled.
Junkyard means an open area where any waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles.
(1)
The term "junkyard" includes an auto wrecking yard or the storage or keeping of one or more inoperative motor vehicles unless where otherwise specifically permitted.
(2)
The term "junkyard" does not include uses established entirely within enclosed buildings.
Kennel means any building, structure or open space devoted in its entirety or in part to the raising, boarding or harboring of four or more animals at least four months of age.
Laboratory means a building or a portion of a building devoted to the experimental study in science, or the testing and analysis of chemicals, drugs, explosives, minerals, etc.
Laboratory, medical or dental, means a building, or a portion of a building, devoted in use to providing bacteriological, medical, X-ray, pathological and similar analytical or diagnostic services to doctors or dentists and where no fabrication is conducted on the premises, except the custom fabrication of dentures.
Land surveyor means one who is licensed by the state as a land surveyor and is qualified to make accurate field measurements and mark, describe, and define land boundaries.
Laundromat means a business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.
Leasable area, gross, means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
Legally nonconforming structure or site means any existing structure and/or site, legally constructed, which does not meet current the land development regulations for the district in which it is located as a result of adoption of or amendment to the Code, but is otherwise conforming with all applicable regulations regarding the use of the property.
Legally nonconforming use means any existing legal use of land which does not conform to the permitted, accessory, and prohibited use regulations for the zoning or overlay zoning district in which it is located as a result of adoption of or amendment to the Code.
Light industry means industrial uses that meet the performance standards, bulk controls, and other requirements established in this chapter.
Light manufacturing or assembly means the manufacturing or assembly of end products from prepared materials, semi-finished products, or parts. This use may consist of light fabrication and/or welding, assembly, treatment, packaging, and incidental storage, sales, and distribution of such products. Light manufacturing or assembly uses do not present any industrial impact outside of the subject use site. This definition specifically does not include: any process featuring highly flammable, toxic, or explosive materials on-site, chemical manufacturing or production, milling or processing, refining, smelting, alloying processes, or automobile/heavy equipment service or repairs.
Livestock means domestic animals of types customarily raised or kept on farms in the state for profit or other productive purposes.
Loading and/or unloading space means a surfaced space with lot providing for the temporary standing loading and/or unloading of trucks; said space having a minimum dimension of 48 feet in length, 12 feet in width and 14 feet in height, and connected with an accepted deeded public right-of-way which affords ingress and egress for vehicles.
Lodge means:
(1)
A building or group of buildings under single management, containing both rooms and dwelling units available for temporary rental to transient individuals or families; and
(2)
The place where members of a local chapter of an association hold their meetings; and
(3)
The local chapter itself.
Lodginghouse means a building other than an apartment, hotel-motel, hotel, motel, or tourist court where lodging for five or more persons is provided for compensation.
Lot means a parcel of land or any combination of several lots of record, occupied or intended to be occupied by a principal building or a building group, as permitted herein, together with their accessory buildings or uses and such access, yards and open spaces required under the zoning provisions contained in this chapter.
Lot area means the total area within the lot lines of a lot, excluding any street rights-of-way.
Lot, corner, means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
Lot depth means the distance measured from the front lot line to the rear lot line. If the lot is an irregular shape wherein this measurement varies, the average lot depth shall be used for the purposes of this Code.
Lot, double frontage. See Lot, through.
Lot frontage means the length of the front lot line measured at the street right-of-way line.
Lot, interior, means a lot other than a corner lot with only one frontage on a deeded and occupied public right-of-way.
Lot, isolated. See Isolated lot.
Lot line means a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
Lot line, front, means the common boundary line of an interior lot (other than a double frontage lot) and a street right-of-way line or the common boundary line of a corner lot (other than a double frontage lot) and that street right-of-way line toward which the principal or usual entrance to the main building situated on such lot most nearly faces, or the common boundary line of a through lot and any adjacent road or street right-of-way line.
Lot line, rear, means the boundary line of a lot that is most nearly opposite the front lot line of such lot. In the case of a triangular or wedge-shaped lot, for measurement purposes only, a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line. In the case of a corner lot, providing that all requirements for yard space are complied with, the owner may choose either side not abutting a street as the rear lot line. Once the choice has been made, it cannot be changed unless all requirements for yard space can be complied with.
Lot line, side, means any lot line other than a front or rear lot line. On corner lots, the side lot line is larger than the front lot line.
Lot, minimum area of, means the smallest lot area established by this chapter on which a use or structure may be located in a particular district.
Lot of record means a designated fractional part of the subdivision of a block, according to a specific recorded plat or survey, the map of which has been officially accepted and recorded in the parish clerk of courts office.
Lot, through, means a lot other than a corner lot with frontage on the rights-of-way of more than one street, road or highway. Through lots with frontage on the rights-of-way of two streets, roads or highways shall be referred to as double frontage lots.
Lot width, minimum, means the width of the lot as measured along the minimum building front setback line.
Lot, zoning, means a single tract of land located within a single block, which, at the time of filing for a building permit, is designated by its owners or developers as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore a zoning lot may or may not coincide with a lot of record.
Manufactured building means a structure mass-produced in a factory; either an independent, individual building or a module for combination with other elements designed for transportation to the site for installation and use when connected to the required utilities.
Manufactured housing means structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an off-site manufacturing facility built to the federal Manufactured Home Construction and Safety Standards (better known as the HUD Code). Designed to be transported for installation or assembly at the building site; the wheels and running gear are removed at the site. A manufactured home shall include "look alike" features that more closely match those of a typical site-built home, including a pitched roof, an entrance porch, and shall have and maintain foundation skirting on all sides (unbroken except for ventilation). This definition does not include recreational vehicle, modular home or mobile home.
Manufacturing means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including:
(1)
The assembling of component parts;
(2)
The manufacturing of products; and
(3)
The blending of materials such as lubricating oils, plastics, resins or liquors.
Manufacturing establishment means an operation whose main function is the production of articles or wares for use from raw or prepared materials by giving such materials new forms, qualities, properties or combinations, whether by hand labor or machine.
Marina means a boat basin, harbor, or dock, with facilities for berthing and servicing boats.
Marshlands means lowlying tracts of soft, wetlands characterized by highwater tables and extensive vegetation peculiar to and characteristic of wet places.
Massage studio means an establishment offering massage therapy and/or body work by a massage therapist licensed under R.S. 37:3551 or R.S. 37:3552 et seq. or under the direct supervision of a licensed physician.
Medical waste includes any solid waste which is generated in diagnosis, treatment, or immunization of human beings or animals, research pertaining thereto, or in the production or testing of biologicals. It is understood, however, that any solid waste which, after decontamination, is recycled at the site where decontamination occurs, and after decontamination is suitable as feedstock for recycling, shall not be considered medical waste where no more than 25 percent of the waste material leaving said site requires disposal.
Medical waste treatment or disposal facility includes any and all facilities for the purpose of changing character of composition of any medical waste so as to reduce or eliminate its potential to causing disease including, but is not limited to:
(1)
Decontamination by autoclaving and other methods;
(2)
Incineration;
(3)
Landfill disposal; or
(4)
Sanitary sewer disposal;
Unless such decontamination shall cause the medical waste to be suitable and destined to become a feedstock for recycling and the decontamination and recycling occur at the same site.
Mezzanine means an intermediate or fractional story between the floor and ceiling of a main story used for a purpose accessory to the principal use. A mezzanine is usually just above the ground floor and extending over only part of the main floor.
Mile means a linear measure equal to 5,280 feet, 1,760 yards, or 1.6 kilometers.
Ministorage warehouse means terminal facilities, containing separate storage space of varying sizes leased or rented on an individual basis on land publicly or privately owned, used primarily for the storage of retail goods.
Minimum building setback line means a line parallel to the front, side, and/or rear lot line and setback from the lot line or street right-of-way (whichever is shorter) a sufficient distance as specified herein, to provide the required minimum yard space.
Minimum front yard depth means the minimum distance required by this chapter to be maintained within the lot between the minimum building setback line and the front lot line or the street right-of-way (whichever is shorter) as defined in this section.
Minimum rear yard depth means the minimum distance required by this chapter to be maintained within the lot, between a line parallel to the rear lot line, as defined in this section, and the rear lot line.
Minimum side yard width means the minimum distance required by this chapter to be maintained within the lot between a line parallel to the side lot line, as defined in this section and the side lot line.
Mobile home means a structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities. It is fabricated in an off-site manufacturing facility and designed to be transported for installation or assembly at the building site. A mobile home does not meet the definition of a manufactured home due to its age (pre-HUD Code) or lack of "look alike" features. A mobile home shall have and maintain foundation skirting on all sides (unbroken except for ventilation).This definition does not include recreational vehicle, manufactured home or modular home.
Mobile home park means any lot, parcel, or premises subdivided, designed, maintained, intended or used for the purpose of supplying a location or accommodation for mobile homes. For the purpose of this chapter, the term "mobile home park" does not include any lot or premises used for the wholesale or retail sale of mobile homes.
Mobile home space means a plot of land for placement of a single mobile home within a mobile home park.
Mobile vendor means any person who engages in a business in the parish providing retail sales or services from a vehicle at a fixed location.
Modular home means a structure designed to be used as a dwelling unit when connected to the required utilities that is in whole or in part manufactured at an off-site facility and complies with the adopted building code of the St. John Parish for residential construction. This definition does not include recreational vehicle, manufactured home or mobile home.
Motel means a group of attached or detached buildings, but not mobile homes, containing individual sleeping or living units for travelers and transient guests, with garage attached or parking facilities conveniently located near each unit. The term "motel" includes tourist courts when related to the context specified in this definition.
Noise means any undesired audible sound.
Noise pollution means continuous or episodic excessive noise in the human environment.
Nonconforming lot means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the provisions contained herein, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
Nonconforming structure or building means a structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision or amendment to the ordinance from which this chapter is derived, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
Nonconforming use means a use or activity which was lawful prior to the adoption, revision or amendment of the ordinance from which this chapter is derived, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
Non-stabilized gravel describes a parking/driveway surface of gravel or organic fill that does not include a grid or internal stabilization system.
Noxious matter or material means matter or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals as determined by the state or the parish health unit.
Nursery means any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings, but does not include, the wholesale or retail sale of any items other than those incidental to the items raised or grown on said premises.
Nursery school. See Child care center.
Nursing home means a health establishment that provides nursing care under the direction of a state-licensed physician to patients who, for reason of illness or physical infirmities, are unable to care for themselves properly.
Obscene device means a device including artificial replicas of male or female reproductive organs, designed or marketed as useful primarily for the stimulation of human genital organs.
Odorous matter means any matter or material that yields an odor which is offensive in any way to a person with reasonable sensitivity.
Office means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
Off-street parking space means a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
Opacity means the degree of obscuration of light.
Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
Open space, common, means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structure and improvements as are necessary and appropriate.
Open space, green, means an open space area not occupied by any structures or impervious surfaces.
Open space ratio means total area of open space divided by the total site area in which the open space is located.
Outdoor storage means the keeping, in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
Overhang means:
(1)
The part of a roof or wall which extends beyond the facade of a lower wall; and
(2)
The portion of a vehicle extending beyond the wheel stops of curb.
Owner means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.
Parcel means a lot or tract of land.
Parking access means the area of a parking lot that allows motor vehicles ingress and egress from the street.
Parking area means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
Parking area, off-street, means an open surfaced area other than the rights-of-way of a street, road, highway, alley, or place, used for temporary parking of self-propelled motor vehicles and available for public use either free, for compensation, or as an accommodation for clients or customers.
Parking bay means the parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces.
Parking building or garage means a building or portion thereof designed, intended and used exclusively for the temporary parking of self-propelled motor vehicles and may be publicly or privately owned and/or operated and may be for remuneration, free or privately utilized.
Parking lot means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles. See Garage, parking area.
Parking space means a space for the parking of a motor vehicle within a pubic or private parking area. See Off-street parking space.
Patio homes. See Dwelling, patio home.
Performance standards means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.
Permeable pavement system means a surface that allows stormwater to infiltrate the underlying soils and is contained so neither sediment nor the permeable surface discharges off the site. Materials comprising permeable pavement systems include, but are not limited to; porous concrete and asphalt, open-jointed blocks, pavers, bricks set without mortar, and porous resin-bound aggregate; any of which is installed above an aggregate base. The term "permeable pavement system" specifically does not include:
(1)
Grid pavers with gravel or grass fill;
(2)
Any other system with loose materials subject to compaction or washout; or
(3)
A system with the appearance or characteristics of loose gravel.
Permitted use means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Personal services means establishments primarily engaged in providing services involving the care of a person or his apparel.
Phenols means a group of organic compounds that, even in very low concentrations, produce a taste and odor in water.
Planned unit development (PUD) means any area of a minimum contiguous size, as specified in this chapter, to be planned and developed as a single entity containing one or more residential clusters or planned unit residential developments, and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified.
Pollution means the presence of matter or energy whose nature, location or quantity produces undesired environmental effects.
Primary live entertainment means on-site entertainment by live entertainers that characterizes the establishment, as determined (if necessary) from a pattern of advertising, as well as actual performances.
Principal use means the primary or predominate use of any lot.
Private club orlodge means a building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues.
Processing means a series of operations, usually in a continuous regular action or succession of actions, taking place or carried on in a definite manner.
Public building means any building open to the general use, participation, or enjoyment of the public or operated for the public's benefit and owned and/or operated by a city, parish, state, or federal government or by a public utility corporation or municipal district or authority.
Public utility means any person, firm, cooperation, state, parish, municipal department, or board duly authorized under state, parish or municipal regulations to furnish such public services as electricity, gas, water, sewer, telephone, telegraph, transportation, or other public utility services to its subscribers or customers.
Railroad rights-of-way means a strip of land within which the railroad tracks and auxiliary facilities for track operation are normally located, but not including, freight depots or station, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
Recreation facility, commercial, means a recreation facility operated as a business and open to the public for a fee.
Recreation facility, public, means a recreational facility operated by a governmental agency and open to the general public.
Rest home means a rest home or convalescent home for the aged or mentally or physically informed is any place of abode, building, institution, residence or home used for the reception and care, for a consideration, of three or more persons, who, by reason of age, mental, or physical deformities, are not capable of properly caring for themselves.
Retail trade means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
Sanitary landfill means a site for solid waste disposal.
Schools, business, means an institution or place for instruction or education, specifically in courses of bookkeeping, business administration, operation of business machines, shorthand and typing, and related courses, operated for an intended profit. For the purpose of these provisions, the term "business schools" includes business colleges.
Schools, parochial, means an institution or a place for instruction or education belonging to and maintained by a religious organization.
Schools, private, means an institution or a place for instruction or education belonging to and maintained by a private organization other than those types defined in this chapter.
Schools, public, means an institution or place for instruction or education belonging to the public and established and conducted under public authority in the various districts, parishes, or cities and maintained at the public expense by taxation, and open with or without charge to the public for their attendance.
(1)
The term "public schools" includes all public kindergartens, elementary, junior high, high schools, junior colleges, college and universities, but no others.
(2)
The term "public schools" does not include schools owned and/or conducted by private parties, though said schools may be open to the public generally, and though tuition may be free.
Schools, trade, means an institution or place for instruction, specifically in one or more of the general trades such as: welding, carpentry, electrical, etc.
Screening area means an area set aside to remain vacant of buildings and to be planted and landscaped to reduce the lighting effect of certain land uses on adjacent property.
Seasonal produce stands {regarded as immovable structures} shall include, but not [be] limited to, the sale of agricultural or seafood products, provided they are located no closer than 20 feet from the street right-of-way line.
Service facilities, public utilities, includes all facilities of public utilities operating under the jurisdiction of the public service commission, or the department of transportation and development, or Federal Power Commission, and common carriers by rail, other than office space, garage, and warehouse space and include office space, garage space and warehouse space when such space in incidental to a service facility.
Service station means any building, structure, or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels, oils, or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs.
Sex shop means an establishment offering goods for sale or rent and that meets any of the following tests:
(1)
The establishment offers items for sale from any two of the following categories and the combination of such items constitutes more than ten percent of its stock in trade or occupies more than ten percent of its floor area:
a.
Adult media,
b.
Lingerie, or
c.
Leather goods marketed or presented in a context to suggest their use for sadomasochistic practices;
(2)
More than five percent of its stock in trade consists of sexually oriented toys or novelties or obscene devices.
(3)
More than five percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties or obscene devices.
Sign. All sign definitions are contained in chapter 113 - zoning, article VI - signs, division 6 - definitions.
Sign, advertising, means a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered:
(1)
Only elsewhere than upon the premises where such sign is located or to which it is affixed; or
(2)
As a minor and incidental activity upon the premises where the sign is located.
Sign, business, means a sign which directs attention to a business profession or industry located upon the premises where such sign is displayed or to which it is affixed to type of products sold, manufactured or assembled and/or to service or entertainment offered upon said premises, but not pertaining to an advertising sign if such activity is only minor and incidental to the principal use of the premises.
Sign, identification, means a sign used to identify the name of the individual, family, organization, or enterprise occupying the premises, the profession of the occupant, or the name of the building on which the sign is displayed.
Stable, private, means a separate accessory building with a capacity for not more than one horse or one pony for each 6,000 square feet of lot area whereon such stable is located and where such horses or ponies are owned by the owners, occupants of the premises or others and are kept for compensation, hire or sale.
Stabilized gravel system means a parking/driveway surface system of plastic (or similar material) grid pavers filled with gravel or organic fill, such that the fill material is stabilized to prevent displacement, compaction, and washout.
Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. For purposes of this chapter, a basement shall be counted as a story when more than one-half of such basement height is above the average level of the adjoining grade.
Story, half, means a story, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story.
Street, local, means a street designed to provide vehicular access to abutting property and to discourage through traffic.
Swimming pool, outdoor, means any structure or device of any kind that is intended for swimming purposes including, but not limited to, any pool or tank of any material or type of construction, or any depression or excavation in any natural or constructed material, or any dike or beam of any material or type of construction; including all appurtenances to such structure or device and all appliances used in connection therewith; which structures or device is intended to cause, or would cause if completely filled, the retaining of water to a greater depth than 18 inches at any point. Any such structure or device shall be deemed to be included within the meaning of the term "structure" as used in this chapter. The term "outdoor swimming pool" shall be deemed to consist of the following classes:
(1)
Private. When consisting of an accessory structure appurtenant to a one-family or a two-family dwelling and used only as such by persons residing on the same lot and their private guests (as distinguished from groups of any kind) with no payment of any kind or in any form charged or received for such use.
(2)
Semipublic. When consisting of an accessory structure appurtenant to a multiple dwelling, hotel, motel, church, school or private club, or country club, and used only as such by persons who reside or are housed on the same lot or who are regular members of such church, club, country club, or regular attendants at such school and by individual guests (as distinguished from groups of any kind) of the foregoing with no payment of any kind or in any form being charged or being received for such use.
(3)
Public. A swimming pool maintained and operated by a unit of government for the general public, whether or not an admission fee is charged.
(4)
Commercial. A swimming pool operated for profit, open to the public upon payment of an hourly, a daily, weekly, monthly, annual, or other fee.
Tavern means any establishment selling, by the drink, fermented-malt beverages or malt, vinous or spirituous liquors.
Tent means any structure or enclosure, the roof of which and/or one-half or more of the sides are constructed of silk, cotton, canvas, fabric or a similar light material.
Theater, drive-in, means an open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
Tourist court. See Motel.
Tourist home means a building designed for or used by a single-family or two-family dwelling in which sleeping rooms are provided or offered to transient guests for compensation, but for not more than four transient guests.
University, commuter includes, but is not limited to, community colleges, vocational schools, and and/or nonacademic establishments that offer courses in radio/TV repair, commercial art, cosmetology, allied health care, real estate, banking, and restaurant operation, all of which do not provide on-site living accommodations such as dormitories.
Use-conforming means a structure or site that contains a use that is permitted in the zoning district in which the structure or site is located and does not contain any use that is considered nonconforming or prohibited in said zoning district.
Use permitted as exception means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this chapter and authorized by the planning board.
Utility, private orpublic, means:
(1)
Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar service; and
(2)
A closely regulated private enterprise with an exclusive franchise for providing a public service.
Variance means permission to depart from the literal requirements of the provisions of this chapter.
Variance, dimensional, means a departure from the terms of this chapter pertaining to height or width of structures and size of yards and open spaces, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.
Variance, hardship, means a departure from the provisions contained in this chapter relating to setbacks, side yards, frontage requirements, and lot size, but not involving the actual use or structure.
Vehicle means any object used for transport, whether or not self-propelled and/or, subject to state registration, or an object which is moved or pulled by its being attached to an object used for transport, such as a boat, trailer, hauler or camper. A vehicle may include bicycles, cars, motorcycles, trains, watercraft, or aircraft.
Vehicle, heavy commercial means any vehicle that:
(1)
Is designed, maintained, or in use primarily for the transportation of property for hire, compensation, or profit, which includes, but is not limited to, dump trucks, motorized heavy construction vehicles, solid waste collection vehicles, commercial haulers, concrete mixer trucks, towing and recovery vehicles, any vehicle in which food or beverages are stored or sold, and any vehicle designed or used to transport heavy construction, landscaping, or lawn care equipment; and
(2)
Has one or more of the following specifications:
a.
Exceeds eight feet in height, provided this specification is not met as a result of a load that is recreational or associated with residential activity including, but not limited to, a canoe, kayak, mattress, furniture, or additional storage device attached to a roof rack; or
b.
Exceeds 21 feet in length; or
c.
Has an apportioned license plate; or
d.
Utilizes seven or more wheels to facilitate vehicular movement; or
e.
Has three or more axles, which shall be determined by looking at the vehicle from the side profile and counting the number wheels from front to back; or
f.
Has special equipment which distinguishes it from private passenger automobiles including, but not limited to, a crane or an electronic message board.
Vehicle, height means the total vertical dimension of any vehicle above the ground surface including any load and load-holding devices thereon.
Vehicle, length means the total longitudinal dimension of a single vehicle, a trailer, or semi-trailer; including load. Length of a trailer or semi-trailer is measured from the front of the cargo-carrying unit to its rear and includes load-holding devices thereon. For the purposes of these regulations, when a trailer is attached to a light commercial vehicle or similar passenger vehicle, vehicle length shall be computed separately for the vehicle and the trailer.
Warehouse facilities or buildings means used primarily for the storage of wholesale goods and materials for industrial, manufacturing, and institutional use; and large scale terminal facilities for retail storage, mini storage, leased storage, or temporary storage.
Wetlands means swamps or marshes, especially as areas preserved for wildlife.
Wholesale trade means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Yard means an open space that lies between the principal or accessory building and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.
Yard, front, means a space extending the full width of the lot between any building and the front lot line or the street right-of-way (whichever is closer), and measured perpendicular to the building at the closest point to the front lot line or street right-of-way. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
Yard, rear, means a space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
Yard, side, means a space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
Zone means an established area within the parish for which the provisions of this chapter are applicable. The term "zone" is synonymous with the term "district."
Zoning regulatory administrator means the person designated by the parish for the administration and supervision of the enforcement of this chapter and adopted parish codes.
(Code 1988, § 33:20; Ord. No. 92-64, 9-10-1992; Ord. No. 97-15, 3-25-1997; Ord. No. 98-133, 12-21-1998; Ord. No. 09-25, 7-14-2009; Ord. No. 15-35, 7-28-2015; Ord. No. 16-56, § II, 12-13-2016; Ord. No. 17-33, § IV, 8-8-2017; Ord. No. 18-16, § I, 6-12-2018; Ord. No. 18-31, § V, 10-9-2018; Ord. No. 19-44, § XVIII, 10-8-2019; Ord. No. 19-53, § I, 12-10-2019; Ord. No. 23-30, Exh., 6-27-2023)
(a)
Violations of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor and upon conviction thereof, the violator shall be fined no less than $10.00 and not more than $25.00 or imprisoned for not more than 30 days, or both; and, in addition to these, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered as a separate offense. The zoning regulatory administrator, parish president or his legal designee shall have the power to bring legal action to enjoin and stop any prohibited use.
(b)
The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided in this section.
(Code 1988, § 33:197; Ord. No. 86-35, 5-22-1986)
The purpose of these zoning regulations and districts as set forth in this chapter is to promote the public health, safety, convenience, order, prosperity, and general welfare of the community. They have been designed to lessen congestion in public streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentrations of population; and, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public services. Reasonable consideration has been made as to the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of land and structures and encouraging the most appropriate use of land throughout the parish.
(Code 1988, § 33:2)
In interpreting and applying the provisions of this chapter these provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of property or premises or upon the height of buildings, or requires greater space than is imposed or required by other ordinances, resolutions, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.
(Code 1988, § 33:171)
State Law reference— Similar provisions, R.S. 33:4780.49.
The jurisdiction of these regulations shall include all land in the unincorporated areas of St. John the Baptist Parish, Louisiana, except St. John the Baptist Parish, as a governmental entity, and each of its duly created departments, shall be exempt from complying with any of the provisions of this zoning ordinance and any of its amendments hereto.
(Code 1988, § 33:6; Ord. No. 87-28, 5-14-1987)
The regulations, as set forth in this chapter, within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as follows:
(1)
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof, shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
(2)
No building or other structure shall hereafter be erected or altered to:
a.
Exceed the height or bulk limitations, as specified herein;
b.
Provide a greater number of dwelling units than is specified herein;
c.
Provide less lot area per dwelling unit or to occupy a smaller lot than is specified herein;
d.
Have narrower or smaller rear yards, front yards, side yards, or other open spaces than here in required; or
e.
Violate the provisions of this chapter in any manner.
(3)
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
(4)
No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established herein.
(Code 1988, § 33:5)
- IN GENERAL
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandonment means the relinquishment of property, or a cessation of the use of the property by the owner with the intention neither of transferring rights, to the property, to another owner or of resuming the use of the property.
Abandonment of property means the relinquishment of property, or a cessation of the use of the property by the owner with the intention neither of transferring rights, to the property, to another owner or of resuming the use of the property.
Abut means to physically touch or border upon; or to share a common property line.
Access means a way or means of approach to provide physical entrance to a property.
Accessory structure means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
Accessory use means a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
Acts of public enemy means actions that cause damage to property as a result of war or conflict between the United States and a foreign nation or other organized entity. The term acts of public enemy shall not be construed as to include actions undertaken by individual citizens or non-human entities, such as robbery, vandalism, neglect of property, or animal infestation.
Addition means a structure added to the original structure at some time after the completion of the original.
Adjoining lot or land means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
Adult media means magazines, books, videotapes, movies, slides, digital media, or other media distinguished or characterized an emphasis on matter depicting, describing, or relating to obscene, sexually oriented, or sexually explicit material.
Adult media store means any establishment that rents and/or sells media, and that meets any of the following three tests.
(1)
Ten percent or more of the gross public floor area is devoted to adult media.
(2)
Ten percent or more of the stock-in-trade consists of adult media.
(3)
It advertises or promotes the business in any forum as "XXX," "adult," "sex," or otherwise as a sexually oriented business.
Adult use is a collective term that means any place, establishment, or business which offers, advertises, or is engaged in any activity, service, sale, or display of any commodity that is distinguished or characterized by an emphasis on the obscene, the sexually oriented, or the sexually explicit. The definition of adult use includes any establishment consisting of, including, or having the characteristics of any of the following: adult cabaret, adult media store, sex shop, adult theater, or tattoo parlor. Adult use refers to the characteristics of a use and can be applied to a range of uses. For example: retail book store versus adult retail bookstore or theater versus adult theater.
Agriculture means the use of land for agricultural purposes including agriculture, dairying, farming, floriculture, horticulture, pasturage, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities.
Aisle means the traveled way by which cars enter and depart parking spaces.
Alley means all public rights-of-way at the rear of the lot that normally afford a secondary means of access to abutting property.
Alteration means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure from one location to another.
Apartment means a portion of a building consisting of a room or suite of rooms intended, designed, or used as a permanent residence by an individual or one family.
Apartment house. See Dwellings, multiple.
Artisan/craftsman workshop means a workshop used by artists or craftspersons for the production or creation of individual handmade objects (not mass produced), such as furniture, sculpture, small-scale metalworking, paintings, pottery, glassware, specialized bookbinding, and hand-woven clothing. Light manufacturing or assembly uses do not present any industrial impact outside of the subject use site. This definition specifically does not include: any process featuring highly flammable, toxic, or explosive materials on-site, chemical manufacturing or production, milling or processing, refining, smelting, alloying processes or automobile/heavy equipment service or repairs.
Assisted living facility means a housing facility with limited care that is designed for senior citizens who need some assistance with daily activities, but do not require care in a nursing home.
Automobile laundry means a building or portion thereof, containing facilities for washing more than two automobiles, using production line methods with chain conveyor blower, steam cleaning device, or other mechanical devices. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. For the purpose of these provisions, coin-operated devices, of the nature stated in this definition, which are operated on a self-service basis shall be construed to be the same.
Automobile repair services and garages means establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public.
Automobile service station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories.
Automobile, trailer or mobile home sales areas means an open, partially open, or enclosed area other than a street, used for the display, sale or rental of new or used automobiles, trailers, or mobile homes and where no repair work is done except minor incidental repair of automobiles, trailers, or mobile homes to be displayed, sold or rented on or from the premises.
Basement means that portion of a building between floor and ceiling, which is partly below and partly above the average level of the adjoining grade but so located that the vertical distance from the average level of the adjoining grade to the floor below is less than the vertical distance from the average level of the adjoining grade to the ceiling.
Board of adjustment means an officially constituted body whose principal duties are to grant variances from the strict application of this chapter.
Boardinghouse means a residential building other than a hotel, motel, or tourist cabin where lodging and meals for four or more persons are served for compensation, and by prearrangement for definite periods. For the purpose of these provisions this shall not include a mobile home.
Borrow pit means any place or premises where dirt, soil, sand, gravel, or other material is removed by excavation or otherwise, below the grade of surrounding land, for any purpose other than mining operations such as gold, silver, coal, etc., and, that are necessary and incidental to grading or to building construction on the premises.
Buffer zone means land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
Building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature.
Building, accessory, means a subordinate structure on the same lot as the principal or main building or use, occupied or devoted to a use incidental to the principal use.
Building, alteration of, means any change or rearrangement in the supporting members (such as bearing walls, beams, columns, or girders) of a building or any addition to a building, or movement of a building from one location to another.
Building area orlot coverage by building means that portion of a lot or building site that can be legally occupied by the ground floor of the principal building or use and all permitted accessory uses excluding those portions of the lot or building site which shall be reserved for minimum required yard spaces, off-street parking and loading or unloading spaces.
Building, completely enclosed, means a building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
Building, detached, means a building surrounded by open space on the same lot or tract of land.
Building, height of, means the vertical distance measured from average elevation of the finished grade adjoining the building at the front building line:
(1)
To the highest point of the roof surfaces if a flat roof;
(2)
To the deck line of a mastered roof; and
(3)
To the average height level between eaves and ridge for gable, hip and gambrel roofs.
Building inspector means the person designated by the parish to enforce the provisions of the adopted parish codes.
Building line means a line defining the minimum front, side and rear yard requirements.
Building, main. See Building, principal.
Building permit means a permit issued by the parish chief building inspector authorizing the construction or alteration of a specific building or structure on a specific lot or tract.
Building, principal, means the building on a lot used to accommodate the primary use to which the premises are devoted.
Building site means one contiguous piece of land that meets all of the provisions of the parish's ordinances, regulations, and codes for building on the site. For the purpose of this chapter, the entire amount of ground being called a building site shall be in one specific zone category. This shall not be construed to mean merely residential, commercial, industrial, etc.
Bulk storage means the storage of chemicals, petroleum products and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.
Carport. See Garage, private.
Cellar means that portion of a building between floor and ceiling which is wholly or partly below the average level of the adjoining grade and so located that the vertical distance from the average level of the adjoining grade to the floor below is equal to or greater than the vertical distance from the average level of the adjoining grade to the ceiling.
Certificate of occupancy means a document issued by the proper authority lowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable parish codes and ordinances.
Child care center means a private establishment enrolling four or more children between two and five years of age and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a child care center.
Church means a building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
Clinic means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.
Clinic, animal, means a building used by a group of professional medical persons for the healing arts or treatment of small animals on an outpatient or nonboarding basis only, without runs.
Club means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
Clubhouse means a building, or portion thereof, used by a club.
Cluster means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
Commercial use means an activity carried out for pecuniary gain.
Common elements means land amenities, parts of buildings, central services and utilities, and any other elements and facilities owned and used by fall condominium unit owners and designated in the master deed as common elements.
Community assembly venues and/or banquet halls means an establishment that provides space, either indoors or outdoors, that can be used for a variety of community oriented uses such as weddings, parties, reunions, or ceremonies. Such uses are generally characterized by their ability to provide seating or dancing area, and their lack of a full-service restaurant.
Community home means a privately owned facility licensed, certified or monitored by the state department of health and hospitals for the personal care or supervisory care of six or fewer individuals with no more than two live-in staff members.
(1)
The term "community home" includes facilities that generally provide supervisory or personal care for individuals who are mentally or physically handicapped.
(2)
The term "community home" does not include persons handicapped by reason of current drug or alcohol abuse, nor to handicapped persons currently under sentence or on parole for any criminal violation or who have been found guilty of a criminal charge by reason of insanity.
Conditional use permit describes a land use action, taken by the parish council, to allow a specific use on a lot or site. Such action shall require an ordinance and shall be processed as per chapter 113 - zoning, article II - administration and enforcement, division 4 - conditional use permits.
Condominium means a building or group of buildings, which are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
Condominium office means an office building, or group of buildings, organized, owned and maintained as a condominium.
Conforming use means any lawful use of a building, structure, lot, sign or fence that complies with the provisions of this chapter.
Contiguous means next to, abutting, or touching and having a boundary or portion thereof, which is coterminous.
Country club means a land area and buildings containing recreational facilities, clubhouse and usual accessory uses, open only to members and their guests for a membership fee.
Court means an open unoccupied space other than a yard, on the same lot with a building and that is bounded on two or more sides by the building.
Curb cut means an interruption, or break in the line of a street curb in order to connect a driveway to a street, or otherwise to provide vehicular access to abutting property.
Curb level means the level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the parish engineer shall authorize and approve the establishment of such curb level or it's equivalent for the purpose of this chapter.
Day care center/day nursery. See Child care center.
Decibel means a unit of sound pressure level.
Density means the number of families, individuals, dwelling units, or housing structures per unit of land.
Development means:
(1)
The division of a parcel of land into two or more parcels;
(2)
The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; and
(3)
Any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.
Director of planning and zoning department means the person designated by the parish for the administration and supervision of the enforcement of this chapter and adopted parish codes, as applicable.
District means a part, zone or geographic area within the parish within which certain zoning or development regulations apply. For the purposes of this chapter, the term "district" is synonymous with the term "zone."
Drive-in restaurant, eating or drinking place means an activity which provides food and/or drink items specifically prepared for/or packaged in such a way as to permit consumption outside the building, either on or off the premises.
Drive-in theater. See Theater, drive-in.
Drive-in use means an establishment which by design physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
Dwelling.
(1)
The term "dwelling" means any building which is completely intended for, designed for and used for residential purposes.
(2)
For the purpose of this chapter the term "dwelling" does not include a hotel-motel, hotel, motel, nursing home, tourist cabins, college or university dormitories, or military barracks.
Dwelling, attached, means a one-family dwelling attached to two or more one-family dwellings by common vertical walls.
Dwelling, detached, means a dwelling that is not attached to any other dwelling by any means. The term "dwelling structure" means surrounded by open space on the same lot or tract of land.
Dwelling, doubles. See Dwelling, two-family.
Dwelling, duplexes. See Dwelling, two-family.
Dwelling, group house, means a building that has no less than three nor more than six one-family dwelling units erected in a row as a single building, on adjoining housekeeping lots, each being separated from the adjoining unit by an approved masonry party wall extending from the basement or cellar floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides. No two dwelling units in such a building shall be served by the same stairway or by the same exterior door of the dwelling unit, but shall be served individually by at least two separate exterior doors that shall not be through the same wall side of any one-dwelling unit.
Dwelling, multifamily, means a dwelling containing more than two dwelling units.
Dwelling, multiple, means a residential building used and/or arranged for rental occupancy, or cooperatively owned by occupants, having three or more dwelling units, as separate housekeeping units. The term "multiple dwelling" includes apartment buildings and group house dwellings.
Dwelling, patio homes, means a one-family dwelling on a separate lot with open space setbacks (yards) on three sides. The term "patio home dwelling" is synonymous with the term "zero lot line home."
Dwelling, semidetached, means a one-family dwelling attached to one other one-family dwelling by a common vertical wall, each dwelling located on a separate lot.
Dwelling, single-family, means a detached residential building designed, arranged, or used for or occupied exclusively by one family. The term "single-family dwelling" does not include mobile homes.
Dwelling, single-family detached, means a dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
Dwelling, townhouse, means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
Dwelling, trailer. See Mobile home.
Dwelling, two-family, means a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
Dwelling unit means a building or portion thereof providing complete housekeeping facilities for one person or one family.
Easement means a right, distinct from the ownership of the land, to cross property with facilities such as, but not limited to, sewer lines, water lines and transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an area for drainage or access purposes.
Emission standard means the maximum amount of a pollutant legally permitted to be discharged from a single source, whether mobile or stationary.
Enlargement means an increase in the size of an existing structure.
Environment means the sum of all external conditions and influences affecting the life, development and, ultimately, the survival of an organism.
Essential services means the erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories reasonably necessary for furnishing adequate service or for the public health, safety or general welfare. The term "essential services" does not include buildings.
Excavation means the removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
Existing use means the use of a lot or structure at the time of the enactment of the zoning ordinance from which this chapter is derived.
Fabrication and assembly means the manufacturing from standardized parts of a distinct object differing from the individual components.
Family means an individual or two or more persons related by blood, marriage or adoption, or group of not more than six persons (excluding domestic help) who need not be related by blood or marriage, living together in a single housekeeping unit as their common home for the time, as distinguished from a group occupying a boardinghouse, lodginghouse, hotel, club, fraternity or sorority house.
Fast food restaurant means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off-premises.
Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Fill means the placing, storing, or dumping of any material such as earth, clay, shell, sand, concrete, rubble, or waste of any kind upon the surface of the ground which results in increasing the natural surface elevation.
Filling station. See Service station.
Floor area, gross, means the sum of the gross horizontal area of the several floors of a dwelling unit or units exclusive of porches, balconies and garages measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating dwelling units.
(1)
For uses other than residential, the gross floor area shall be measured from the exterior walls or from the centerline of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
(2)
The term "gross floor area" does not include floors used for parking space when such parking pertains to a residential, commercial, or office used in the same structure.
Front foot means a measure of land width, being one foot along the front lot line of a property.
Front lot line. See Lot line, front.
Front yard. See Yard, front.
Frontage means all the property abutting one side of the right-of-way of a street, measured along the right-of-way line of the street between the lot lines as extended to intersect said right-of-way line of said street. In no case shall the line along an alley be considered as acceptable for frontage.
Garage means a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
Garage, repair, means any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered. See Automotive repair, services and garages.
Garage, private, means an accessory building or portion of a principal building not exceeding 800 square feet in area, per dwelling unit; designed, intended and used for the storage of not more than four motor driven vehicles, per dwelling unit; owned, used and registered in the name of the occupants of the dwelling unit for which said private garage is intended. Not more than one of the vehicles shall be a commercial vehicle and this vehicle shall not be more than of two-ton capacity. The term "private garage" does not include a public garage.
Garage, public, means a building or portion thereof designed, intended, and used exclusively for the care, repair of equipment of self-propelled motor vehicles or other vehicles. The term "public garage" does not include a private garage.
Golf course means a tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. See Country club.
Green area means land shown on a development plan, master plan or official map for preservation, recreation, landscaping or park.
Group housing. See Dwelling, group house.
Hazardous materials includes, but is not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; metallo-organic derivatives; coal, tar acids such as phenol and cresols and their salts and all radioactive materials.
Home occupation means any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit. The area of a home occupation is not to exceed ten percent of the total dwelling unit.
Hospital, animal, means a building used by a group of professional medical persons for the healing arts or treatment of animals, generally, on an inpatient or boarding basis and shall have outside runs.
Hospital, persons, means a building used by a group of professional medical persons for the healing arts or treatment of persons, generally, on an inpatient or boarding basis.
Hotel means a building occupied as the more or less temporary abiding place for travelers and transient guests who are lodged with or without meals and in which there are sleeping rooms usually occupied singly and with no provisions made for cooking in any individual room or a group of rooms occupied by a person and with no provision made for cooking in any of the rooms as specified.
House trailer. See Mobile home.
Improved lot means a lot containing an improvement.
Improvement means any manmade, immovable item that becomes part of, or is affixed to, real estate.
Industrial property means any lot of land containing an industrial use or building of such uses as may be defined herein.
Industry means those fields of economic activity including forestry, fishing, hunting and trapping; mining; construction; manufacturing; transportation; communication; electric, gas, and sanitary services; and wholesale trade.
Institutional use means a nonprofit or quasi-public use or institution such as a church, library, public, or private school, hospital, or municipally owned or operated building, structure or land used for public purpose.
Junk means scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc, and all other scrap metals and the alloys and bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, inoperative motor vehicles, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition or which are subject to being dismantled.
Junkyard means an open area where any waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles.
(1)
The term "junkyard" includes an auto wrecking yard or the storage or keeping of one or more inoperative motor vehicles unless where otherwise specifically permitted.
(2)
The term "junkyard" does not include uses established entirely within enclosed buildings.
Kennel means any building, structure or open space devoted in its entirety or in part to the raising, boarding or harboring of four or more animals at least four months of age.
Laboratory means a building or a portion of a building devoted to the experimental study in science, or the testing and analysis of chemicals, drugs, explosives, minerals, etc.
Laboratory, medical or dental, means a building, or a portion of a building, devoted in use to providing bacteriological, medical, X-ray, pathological and similar analytical or diagnostic services to doctors or dentists and where no fabrication is conducted on the premises, except the custom fabrication of dentures.
Land surveyor means one who is licensed by the state as a land surveyor and is qualified to make accurate field measurements and mark, describe, and define land boundaries.
Laundromat means a business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.
Leasable area, gross, means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
Legally nonconforming structure or site means any existing structure and/or site, legally constructed, which does not meet current the land development regulations for the district in which it is located as a result of adoption of or amendment to the Code, but is otherwise conforming with all applicable regulations regarding the use of the property.
Legally nonconforming use means any existing legal use of land which does not conform to the permitted, accessory, and prohibited use regulations for the zoning or overlay zoning district in which it is located as a result of adoption of or amendment to the Code.
Light industry means industrial uses that meet the performance standards, bulk controls, and other requirements established in this chapter.
Light manufacturing or assembly means the manufacturing or assembly of end products from prepared materials, semi-finished products, or parts. This use may consist of light fabrication and/or welding, assembly, treatment, packaging, and incidental storage, sales, and distribution of such products. Light manufacturing or assembly uses do not present any industrial impact outside of the subject use site. This definition specifically does not include: any process featuring highly flammable, toxic, or explosive materials on-site, chemical manufacturing or production, milling or processing, refining, smelting, alloying processes, or automobile/heavy equipment service or repairs.
Livestock means domestic animals of types customarily raised or kept on farms in the state for profit or other productive purposes.
Loading and/or unloading space means a surfaced space with lot providing for the temporary standing loading and/or unloading of trucks; said space having a minimum dimension of 48 feet in length, 12 feet in width and 14 feet in height, and connected with an accepted deeded public right-of-way which affords ingress and egress for vehicles.
Lodge means:
(1)
A building or group of buildings under single management, containing both rooms and dwelling units available for temporary rental to transient individuals or families; and
(2)
The place where members of a local chapter of an association hold their meetings; and
(3)
The local chapter itself.
Lodginghouse means a building other than an apartment, hotel-motel, hotel, motel, or tourist court where lodging for five or more persons is provided for compensation.
Lot means a parcel of land or any combination of several lots of record, occupied or intended to be occupied by a principal building or a building group, as permitted herein, together with their accessory buildings or uses and such access, yards and open spaces required under the zoning provisions contained in this chapter.
Lot area means the total area within the lot lines of a lot, excluding any street rights-of-way.
Lot, corner, means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
Lot depth means the distance measured from the front lot line to the rear lot line. If the lot is an irregular shape wherein this measurement varies, the average lot depth shall be used for the purposes of this Code.
Lot, double frontage. See Lot, through.
Lot frontage means the length of the front lot line measured at the street right-of-way line.
Lot, interior, means a lot other than a corner lot with only one frontage on a deeded and occupied public right-of-way.
Lot, isolated. See Isolated lot.
Lot line means a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
Lot line, front, means the common boundary line of an interior lot (other than a double frontage lot) and a street right-of-way line or the common boundary line of a corner lot (other than a double frontage lot) and that street right-of-way line toward which the principal or usual entrance to the main building situated on such lot most nearly faces, or the common boundary line of a through lot and any adjacent road or street right-of-way line.
Lot line, rear, means the boundary line of a lot that is most nearly opposite the front lot line of such lot. In the case of a triangular or wedge-shaped lot, for measurement purposes only, a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line. In the case of a corner lot, providing that all requirements for yard space are complied with, the owner may choose either side not abutting a street as the rear lot line. Once the choice has been made, it cannot be changed unless all requirements for yard space can be complied with.
Lot line, side, means any lot line other than a front or rear lot line. On corner lots, the side lot line is larger than the front lot line.
Lot, minimum area of, means the smallest lot area established by this chapter on which a use or structure may be located in a particular district.
Lot of record means a designated fractional part of the subdivision of a block, according to a specific recorded plat or survey, the map of which has been officially accepted and recorded in the parish clerk of courts office.
Lot, through, means a lot other than a corner lot with frontage on the rights-of-way of more than one street, road or highway. Through lots with frontage on the rights-of-way of two streets, roads or highways shall be referred to as double frontage lots.
Lot width, minimum, means the width of the lot as measured along the minimum building front setback line.
Lot, zoning, means a single tract of land located within a single block, which, at the time of filing for a building permit, is designated by its owners or developers as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore a zoning lot may or may not coincide with a lot of record.
Manufactured building means a structure mass-produced in a factory; either an independent, individual building or a module for combination with other elements designed for transportation to the site for installation and use when connected to the required utilities.
Manufactured housing means structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an off-site manufacturing facility built to the federal Manufactured Home Construction and Safety Standards (better known as the HUD Code). Designed to be transported for installation or assembly at the building site; the wheels and running gear are removed at the site. A manufactured home shall include "look alike" features that more closely match those of a typical site-built home, including a pitched roof, an entrance porch, and shall have and maintain foundation skirting on all sides (unbroken except for ventilation). This definition does not include recreational vehicle, modular home or mobile home.
Manufacturing means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including:
(1)
The assembling of component parts;
(2)
The manufacturing of products; and
(3)
The blending of materials such as lubricating oils, plastics, resins or liquors.
Manufacturing establishment means an operation whose main function is the production of articles or wares for use from raw or prepared materials by giving such materials new forms, qualities, properties or combinations, whether by hand labor or machine.
Marina means a boat basin, harbor, or dock, with facilities for berthing and servicing boats.
Marshlands means lowlying tracts of soft, wetlands characterized by highwater tables and extensive vegetation peculiar to and characteristic of wet places.
Massage studio means an establishment offering massage therapy and/or body work by a massage therapist licensed under R.S. 37:3551 or R.S. 37:3552 et seq. or under the direct supervision of a licensed physician.
Medical waste includes any solid waste which is generated in diagnosis, treatment, or immunization of human beings or animals, research pertaining thereto, or in the production or testing of biologicals. It is understood, however, that any solid waste which, after decontamination, is recycled at the site where decontamination occurs, and after decontamination is suitable as feedstock for recycling, shall not be considered medical waste where no more than 25 percent of the waste material leaving said site requires disposal.
Medical waste treatment or disposal facility includes any and all facilities for the purpose of changing character of composition of any medical waste so as to reduce or eliminate its potential to causing disease including, but is not limited to:
(1)
Decontamination by autoclaving and other methods;
(2)
Incineration;
(3)
Landfill disposal; or
(4)
Sanitary sewer disposal;
Unless such decontamination shall cause the medical waste to be suitable and destined to become a feedstock for recycling and the decontamination and recycling occur at the same site.
Mezzanine means an intermediate or fractional story between the floor and ceiling of a main story used for a purpose accessory to the principal use. A mezzanine is usually just above the ground floor and extending over only part of the main floor.
Mile means a linear measure equal to 5,280 feet, 1,760 yards, or 1.6 kilometers.
Ministorage warehouse means terminal facilities, containing separate storage space of varying sizes leased or rented on an individual basis on land publicly or privately owned, used primarily for the storage of retail goods.
Minimum building setback line means a line parallel to the front, side, and/or rear lot line and setback from the lot line or street right-of-way (whichever is shorter) a sufficient distance as specified herein, to provide the required minimum yard space.
Minimum front yard depth means the minimum distance required by this chapter to be maintained within the lot between the minimum building setback line and the front lot line or the street right-of-way (whichever is shorter) as defined in this section.
Minimum rear yard depth means the minimum distance required by this chapter to be maintained within the lot, between a line parallel to the rear lot line, as defined in this section, and the rear lot line.
Minimum side yard width means the minimum distance required by this chapter to be maintained within the lot between a line parallel to the side lot line, as defined in this section and the side lot line.
Mobile home means a structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities. It is fabricated in an off-site manufacturing facility and designed to be transported for installation or assembly at the building site. A mobile home does not meet the definition of a manufactured home due to its age (pre-HUD Code) or lack of "look alike" features. A mobile home shall have and maintain foundation skirting on all sides (unbroken except for ventilation).This definition does not include recreational vehicle, manufactured home or modular home.
Mobile home park means any lot, parcel, or premises subdivided, designed, maintained, intended or used for the purpose of supplying a location or accommodation for mobile homes. For the purpose of this chapter, the term "mobile home park" does not include any lot or premises used for the wholesale or retail sale of mobile homes.
Mobile home space means a plot of land for placement of a single mobile home within a mobile home park.
Mobile vendor means any person who engages in a business in the parish providing retail sales or services from a vehicle at a fixed location.
Modular home means a structure designed to be used as a dwelling unit when connected to the required utilities that is in whole or in part manufactured at an off-site facility and complies with the adopted building code of the St. John Parish for residential construction. This definition does not include recreational vehicle, manufactured home or mobile home.
Motel means a group of attached or detached buildings, but not mobile homes, containing individual sleeping or living units for travelers and transient guests, with garage attached or parking facilities conveniently located near each unit. The term "motel" includes tourist courts when related to the context specified in this definition.
Noise means any undesired audible sound.
Noise pollution means continuous or episodic excessive noise in the human environment.
Nonconforming lot means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the provisions contained herein, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
Nonconforming structure or building means a structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision or amendment to the ordinance from which this chapter is derived, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
Nonconforming use means a use or activity which was lawful prior to the adoption, revision or amendment of the ordinance from which this chapter is derived, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
Non-stabilized gravel describes a parking/driveway surface of gravel or organic fill that does not include a grid or internal stabilization system.
Noxious matter or material means matter or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals as determined by the state or the parish health unit.
Nursery means any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings, but does not include, the wholesale or retail sale of any items other than those incidental to the items raised or grown on said premises.
Nursery school. See Child care center.
Nursing home means a health establishment that provides nursing care under the direction of a state-licensed physician to patients who, for reason of illness or physical infirmities, are unable to care for themselves properly.
Obscene device means a device including artificial replicas of male or female reproductive organs, designed or marketed as useful primarily for the stimulation of human genital organs.
Odorous matter means any matter or material that yields an odor which is offensive in any way to a person with reasonable sensitivity.
Office means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
Off-street parking space means a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
Opacity means the degree of obscuration of light.
Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
Open space, common, means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structure and improvements as are necessary and appropriate.
Open space, green, means an open space area not occupied by any structures or impervious surfaces.
Open space ratio means total area of open space divided by the total site area in which the open space is located.
Outdoor storage means the keeping, in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
Overhang means:
(1)
The part of a roof or wall which extends beyond the facade of a lower wall; and
(2)
The portion of a vehicle extending beyond the wheel stops of curb.
Owner means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.
Parcel means a lot or tract of land.
Parking access means the area of a parking lot that allows motor vehicles ingress and egress from the street.
Parking area means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
Parking area, off-street, means an open surfaced area other than the rights-of-way of a street, road, highway, alley, or place, used for temporary parking of self-propelled motor vehicles and available for public use either free, for compensation, or as an accommodation for clients or customers.
Parking bay means the parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces.
Parking building or garage means a building or portion thereof designed, intended and used exclusively for the temporary parking of self-propelled motor vehicles and may be publicly or privately owned and/or operated and may be for remuneration, free or privately utilized.
Parking lot means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles. See Garage, parking area.
Parking space means a space for the parking of a motor vehicle within a pubic or private parking area. See Off-street parking space.
Patio homes. See Dwelling, patio home.
Performance standards means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.
Permeable pavement system means a surface that allows stormwater to infiltrate the underlying soils and is contained so neither sediment nor the permeable surface discharges off the site. Materials comprising permeable pavement systems include, but are not limited to; porous concrete and asphalt, open-jointed blocks, pavers, bricks set without mortar, and porous resin-bound aggregate; any of which is installed above an aggregate base. The term "permeable pavement system" specifically does not include:
(1)
Grid pavers with gravel or grass fill;
(2)
Any other system with loose materials subject to compaction or washout; or
(3)
A system with the appearance or characteristics of loose gravel.
Permitted use means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Personal services means establishments primarily engaged in providing services involving the care of a person or his apparel.
Phenols means a group of organic compounds that, even in very low concentrations, produce a taste and odor in water.
Planned unit development (PUD) means any area of a minimum contiguous size, as specified in this chapter, to be planned and developed as a single entity containing one or more residential clusters or planned unit residential developments, and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified.
Pollution means the presence of matter or energy whose nature, location or quantity produces undesired environmental effects.
Primary live entertainment means on-site entertainment by live entertainers that characterizes the establishment, as determined (if necessary) from a pattern of advertising, as well as actual performances.
Principal use means the primary or predominate use of any lot.
Private club orlodge means a building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues.
Processing means a series of operations, usually in a continuous regular action or succession of actions, taking place or carried on in a definite manner.
Public building means any building open to the general use, participation, or enjoyment of the public or operated for the public's benefit and owned and/or operated by a city, parish, state, or federal government or by a public utility corporation or municipal district or authority.
Public utility means any person, firm, cooperation, state, parish, municipal department, or board duly authorized under state, parish or municipal regulations to furnish such public services as electricity, gas, water, sewer, telephone, telegraph, transportation, or other public utility services to its subscribers or customers.
Railroad rights-of-way means a strip of land within which the railroad tracks and auxiliary facilities for track operation are normally located, but not including, freight depots or station, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
Recreation facility, commercial, means a recreation facility operated as a business and open to the public for a fee.
Recreation facility, public, means a recreational facility operated by a governmental agency and open to the general public.
Rest home means a rest home or convalescent home for the aged or mentally or physically informed is any place of abode, building, institution, residence or home used for the reception and care, for a consideration, of three or more persons, who, by reason of age, mental, or physical deformities, are not capable of properly caring for themselves.
Retail trade means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
Sanitary landfill means a site for solid waste disposal.
Schools, business, means an institution or place for instruction or education, specifically in courses of bookkeeping, business administration, operation of business machines, shorthand and typing, and related courses, operated for an intended profit. For the purpose of these provisions, the term "business schools" includes business colleges.
Schools, parochial, means an institution or a place for instruction or education belonging to and maintained by a religious organization.
Schools, private, means an institution or a place for instruction or education belonging to and maintained by a private organization other than those types defined in this chapter.
Schools, public, means an institution or place for instruction or education belonging to the public and established and conducted under public authority in the various districts, parishes, or cities and maintained at the public expense by taxation, and open with or without charge to the public for their attendance.
(1)
The term "public schools" includes all public kindergartens, elementary, junior high, high schools, junior colleges, college and universities, but no others.
(2)
The term "public schools" does not include schools owned and/or conducted by private parties, though said schools may be open to the public generally, and though tuition may be free.
Schools, trade, means an institution or place for instruction, specifically in one or more of the general trades such as: welding, carpentry, electrical, etc.
Screening area means an area set aside to remain vacant of buildings and to be planted and landscaped to reduce the lighting effect of certain land uses on adjacent property.
Seasonal produce stands {regarded as immovable structures} shall include, but not [be] limited to, the sale of agricultural or seafood products, provided they are located no closer than 20 feet from the street right-of-way line.
Service facilities, public utilities, includes all facilities of public utilities operating under the jurisdiction of the public service commission, or the department of transportation and development, or Federal Power Commission, and common carriers by rail, other than office space, garage, and warehouse space and include office space, garage space and warehouse space when such space in incidental to a service facility.
Service station means any building, structure, or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels, oils, or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs.
Sex shop means an establishment offering goods for sale or rent and that meets any of the following tests:
(1)
The establishment offers items for sale from any two of the following categories and the combination of such items constitutes more than ten percent of its stock in trade or occupies more than ten percent of its floor area:
a.
Adult media,
b.
Lingerie, or
c.
Leather goods marketed or presented in a context to suggest their use for sadomasochistic practices;
(2)
More than five percent of its stock in trade consists of sexually oriented toys or novelties or obscene devices.
(3)
More than five percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties or obscene devices.
Sign. All sign definitions are contained in chapter 113 - zoning, article VI - signs, division 6 - definitions.
Sign, advertising, means a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered:
(1)
Only elsewhere than upon the premises where such sign is located or to which it is affixed; or
(2)
As a minor and incidental activity upon the premises where the sign is located.
Sign, business, means a sign which directs attention to a business profession or industry located upon the premises where such sign is displayed or to which it is affixed to type of products sold, manufactured or assembled and/or to service or entertainment offered upon said premises, but not pertaining to an advertising sign if such activity is only minor and incidental to the principal use of the premises.
Sign, identification, means a sign used to identify the name of the individual, family, organization, or enterprise occupying the premises, the profession of the occupant, or the name of the building on which the sign is displayed.
Stable, private, means a separate accessory building with a capacity for not more than one horse or one pony for each 6,000 square feet of lot area whereon such stable is located and where such horses or ponies are owned by the owners, occupants of the premises or others and are kept for compensation, hire or sale.
Stabilized gravel system means a parking/driveway surface system of plastic (or similar material) grid pavers filled with gravel or organic fill, such that the fill material is stabilized to prevent displacement, compaction, and washout.
Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. For purposes of this chapter, a basement shall be counted as a story when more than one-half of such basement height is above the average level of the adjoining grade.
Story, half, means a story, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story.
Street, local, means a street designed to provide vehicular access to abutting property and to discourage through traffic.
Swimming pool, outdoor, means any structure or device of any kind that is intended for swimming purposes including, but not limited to, any pool or tank of any material or type of construction, or any depression or excavation in any natural or constructed material, or any dike or beam of any material or type of construction; including all appurtenances to such structure or device and all appliances used in connection therewith; which structures or device is intended to cause, or would cause if completely filled, the retaining of water to a greater depth than 18 inches at any point. Any such structure or device shall be deemed to be included within the meaning of the term "structure" as used in this chapter. The term "outdoor swimming pool" shall be deemed to consist of the following classes:
(1)
Private. When consisting of an accessory structure appurtenant to a one-family or a two-family dwelling and used only as such by persons residing on the same lot and their private guests (as distinguished from groups of any kind) with no payment of any kind or in any form charged or received for such use.
(2)
Semipublic. When consisting of an accessory structure appurtenant to a multiple dwelling, hotel, motel, church, school or private club, or country club, and used only as such by persons who reside or are housed on the same lot or who are regular members of such church, club, country club, or regular attendants at such school and by individual guests (as distinguished from groups of any kind) of the foregoing with no payment of any kind or in any form being charged or being received for such use.
(3)
Public. A swimming pool maintained and operated by a unit of government for the general public, whether or not an admission fee is charged.
(4)
Commercial. A swimming pool operated for profit, open to the public upon payment of an hourly, a daily, weekly, monthly, annual, or other fee.
Tavern means any establishment selling, by the drink, fermented-malt beverages or malt, vinous or spirituous liquors.
Tent means any structure or enclosure, the roof of which and/or one-half or more of the sides are constructed of silk, cotton, canvas, fabric or a similar light material.
Theater, drive-in, means an open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
Tourist court. See Motel.
Tourist home means a building designed for or used by a single-family or two-family dwelling in which sleeping rooms are provided or offered to transient guests for compensation, but for not more than four transient guests.
University, commuter includes, but is not limited to, community colleges, vocational schools, and and/or nonacademic establishments that offer courses in radio/TV repair, commercial art, cosmetology, allied health care, real estate, banking, and restaurant operation, all of which do not provide on-site living accommodations such as dormitories.
Use-conforming means a structure or site that contains a use that is permitted in the zoning district in which the structure or site is located and does not contain any use that is considered nonconforming or prohibited in said zoning district.
Use permitted as exception means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this chapter and authorized by the planning board.
Utility, private orpublic, means:
(1)
Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar service; and
(2)
A closely regulated private enterprise with an exclusive franchise for providing a public service.
Variance means permission to depart from the literal requirements of the provisions of this chapter.
Variance, dimensional, means a departure from the terms of this chapter pertaining to height or width of structures and size of yards and open spaces, where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of the actions of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship.
Variance, hardship, means a departure from the provisions contained in this chapter relating to setbacks, side yards, frontage requirements, and lot size, but not involving the actual use or structure.
Vehicle means any object used for transport, whether or not self-propelled and/or, subject to state registration, or an object which is moved or pulled by its being attached to an object used for transport, such as a boat, trailer, hauler or camper. A vehicle may include bicycles, cars, motorcycles, trains, watercraft, or aircraft.
Vehicle, heavy commercial means any vehicle that:
(1)
Is designed, maintained, or in use primarily for the transportation of property for hire, compensation, or profit, which includes, but is not limited to, dump trucks, motorized heavy construction vehicles, solid waste collection vehicles, commercial haulers, concrete mixer trucks, towing and recovery vehicles, any vehicle in which food or beverages are stored or sold, and any vehicle designed or used to transport heavy construction, landscaping, or lawn care equipment; and
(2)
Has one or more of the following specifications:
a.
Exceeds eight feet in height, provided this specification is not met as a result of a load that is recreational or associated with residential activity including, but not limited to, a canoe, kayak, mattress, furniture, or additional storage device attached to a roof rack; or
b.
Exceeds 21 feet in length; or
c.
Has an apportioned license plate; or
d.
Utilizes seven or more wheels to facilitate vehicular movement; or
e.
Has three or more axles, which shall be determined by looking at the vehicle from the side profile and counting the number wheels from front to back; or
f.
Has special equipment which distinguishes it from private passenger automobiles including, but not limited to, a crane or an electronic message board.
Vehicle, height means the total vertical dimension of any vehicle above the ground surface including any load and load-holding devices thereon.
Vehicle, length means the total longitudinal dimension of a single vehicle, a trailer, or semi-trailer; including load. Length of a trailer or semi-trailer is measured from the front of the cargo-carrying unit to its rear and includes load-holding devices thereon. For the purposes of these regulations, when a trailer is attached to a light commercial vehicle or similar passenger vehicle, vehicle length shall be computed separately for the vehicle and the trailer.
Warehouse facilities or buildings means used primarily for the storage of wholesale goods and materials for industrial, manufacturing, and institutional use; and large scale terminal facilities for retail storage, mini storage, leased storage, or temporary storage.
Wetlands means swamps or marshes, especially as areas preserved for wildlife.
Wholesale trade means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Yard means an open space that lies between the principal or accessory building and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.
Yard, front, means a space extending the full width of the lot between any building and the front lot line or the street right-of-way (whichever is closer), and measured perpendicular to the building at the closest point to the front lot line or street right-of-way. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
Yard, rear, means a space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
Yard, side, means a space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
Zone means an established area within the parish for which the provisions of this chapter are applicable. The term "zone" is synonymous with the term "district."
Zoning regulatory administrator means the person designated by the parish for the administration and supervision of the enforcement of this chapter and adopted parish codes.
(Code 1988, § 33:20; Ord. No. 92-64, 9-10-1992; Ord. No. 97-15, 3-25-1997; Ord. No. 98-133, 12-21-1998; Ord. No. 09-25, 7-14-2009; Ord. No. 15-35, 7-28-2015; Ord. No. 16-56, § II, 12-13-2016; Ord. No. 17-33, § IV, 8-8-2017; Ord. No. 18-16, § I, 6-12-2018; Ord. No. 18-31, § V, 10-9-2018; Ord. No. 19-44, § XVIII, 10-8-2019; Ord. No. 19-53, § I, 12-10-2019; Ord. No. 23-30, Exh., 6-27-2023)
(a)
Violations of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor and upon conviction thereof, the violator shall be fined no less than $10.00 and not more than $25.00 or imprisoned for not more than 30 days, or both; and, in addition to these, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered as a separate offense. The zoning regulatory administrator, parish president or his legal designee shall have the power to bring legal action to enjoin and stop any prohibited use.
(b)
The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided in this section.
(Code 1988, § 33:197; Ord. No. 86-35, 5-22-1986)
The purpose of these zoning regulations and districts as set forth in this chapter is to promote the public health, safety, convenience, order, prosperity, and general welfare of the community. They have been designed to lessen congestion in public streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentrations of population; and, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public services. Reasonable consideration has been made as to the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of land and structures and encouraging the most appropriate use of land throughout the parish.
(Code 1988, § 33:2)
In interpreting and applying the provisions of this chapter these provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of property or premises or upon the height of buildings, or requires greater space than is imposed or required by other ordinances, resolutions, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.
(Code 1988, § 33:171)
State Law reference— Similar provisions, R.S. 33:4780.49.
The jurisdiction of these regulations shall include all land in the unincorporated areas of St. John the Baptist Parish, Louisiana, except St. John the Baptist Parish, as a governmental entity, and each of its duly created departments, shall be exempt from complying with any of the provisions of this zoning ordinance and any of its amendments hereto.
(Code 1988, § 33:6; Ord. No. 87-28, 5-14-1987)
The regulations, as set forth in this chapter, within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as follows:
(1)
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof, shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located.
(2)
No building or other structure shall hereafter be erected or altered to:
a.
Exceed the height or bulk limitations, as specified herein;
b.
Provide a greater number of dwelling units than is specified herein;
c.
Provide less lot area per dwelling unit or to occupy a smaller lot than is specified herein;
d.
Have narrower or smaller rear yards, front yards, side yards, or other open spaces than here in required; or
e.
Violate the provisions of this chapter in any manner.
(3)
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
(4)
No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established herein.
(Code 1988, § 33:5)