(a)

Temporary buildings.

(1)

Temporary buildings or temporary concrete or asphalt plants, used in conjunction with construction work only, may be permitted in any district during the period the construction work is in progress, but such temporary buildings or uses shall be removed upon completion of the construction work.

(2)

Temporary buildings may be permitted in conjunction with a residential subdivision development as a temporary sales office only, for a maximum period of two years. No other use or activity is allowed. All temporary buildings must first receive a permit from the parish service center.

(b)

Fences may be erected along the boundaries of a lot or yard area subject to the requirements of the state building code, this chapter, chapter 111, subdivision regulations, or other applicable regulations.

(1)

In all zoning districts, no sight-obscuring fence, wall or hedge shall be erected to exceed three feet in height in the required front yard or in the area from the front of the structure to the front property line. Any tapering of the fence or wall must begin at the front of the structure and must reach the maximum of three feet within eight feet of the beginning of the taper.

(2)

No fence or wall may be constructed within a utility servitude without prior written approval from the affected utility. Approval of the construction of the fence or wall by a utility shall create no obligation to repair or replace a fence or wall damaged or removed by the utility in the course of its lawful use of the servitude.

(c)

Power, heating, or refrigerating plants, apparatus, or machinery which are accessory to permitted uses shall be permitted only if placed and operated so as to comply with existing ordinances and not cause serious annoyance or injury to occupants of adjoining premises.

(d)

Existing facilities and installations of public utilities, whether privately or publicly owned, may continue to be operated and maintained in all districts. Poles, transformers, voltage regulators, switches, wires, underground facilities and installations may be constructed, operated and maintained in all districts. Electric substations, electric and telephone switching stations, electric and gas regulator stations, cathodic protection stations, and similar facilities and installations may be constructed, operated and maintained in residential districts if the same can be located in the rights-of-way or easements used in the same manner as streets or alleys.

(e)

Model homes, when built in conjunction with a new subdivision, complying with all parish zoning regulations and subdivision restrictive covenants, may be used as a display model and a temporary sales office only. No other use is permitted. The model home must first be issued a permit from the parish service center and a temporary certificate of occupancy. Temporary power only will be allowed for a maximum period of three years with a one-year optional extension upon approval of the administration.

(f)

Home occupations shall be required to conform to the following standards:

(1)

No person shall be employed on the premises who is not a bona fide resident of the dwelling and the individual primarily responsible for the home occupation shall live in the dwelling.

(2)

The use of the dwelling unit for home occupation shall be clearly incidental and secondary to its use for residential purposes. Not more than 20 percent of the living area of the dwelling unit or 400 square feet, whichever is the lesser, shall be used in the conduct of home occupations. No outdoor display or storage of equipment or supplies associated with the home occupation is permitted.

(3)

There shall be no change in the exterior appearance of the building or premises as a result of such occupations, with the exception of a sign as provided in chapter 113, article VI - signs of this Code.

(4)

No home occupation shall be conducted in any accessory building or attached garage exceeding 400 square feet.

(5)

No mechanical equipment shall be used or stored on the premises except that which is normally used for purely domestic or household purposes. The home occupation shall not create noise, vibration, glare, fumes, odors, dust, smoke, or heat detectable to the normal senses outside the dwelling unit. No equipment or process shall be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage. There shall be no illegal discharge of any materials, fluids or gases into the sewer or drainage system or any other manner of discharging such items in violation of any applicable government code.

(6)

No stock-in-trade shall be sold on the premises or displayed or warehoused on the premises for sale or use elsewhere, provided that orders previously made by telephone, mail or at a sales party conducted off-premises may be filled on the premises and delivered.

(7)

No traffic shall be generated by such home occupation in greater volume than three vehicles per 24-hour day in the residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard. Deliveries from commercial suppliers shall be made during daylight hours and shall not restrict circulation in the neighborhood.

(8)

Personal services such as:

a.

Cosmetology, barbershops, beauty parlors, kennels, dog grooming;

b.

Real estate and insurance offices;

c.

Radio, television and appliance repair, cabinet making, boat building for others, auto servicing or rebuilding and repair for others;

d.

Metal fabrications or cutting, employing welding or cutting torches, ambulance service, helium balloons, house painters; and

e.

Other uses similar in nature or in effect on the surrounding neighborhood;

Shall not be allowed to be conducted as a home occupation.

(9)

No more than one home occupation related vehicle, regardless of the number of home occupations, is permitted at any one premises, any such vehicle must be 20 feet or less in overall length and not more than seven feet in overall height and must be parked off any public right-of-way. All exterior storage of cargo, equipment or other material on the vehicle shall be shielded from view at all times when such vehicle is located on a residential lot.

(10)

The term "address of convenience" means a home occupation that consists solely of the receiving of phone calls, mail, and keeping business records in connection with any profession or occupation, and shall not require a home occupation permit. The term "address of convenience" does not include any home occupation that receives clients or customers.

(11)

When in compliance with the requirements of this section, a home occupation includes, but is not limited to, the following:

a.

Art studio;

b.

Child care for not more than six children, including any children of the adult provider;

c.

Dressmaking and tailoring;

d.

Professional office of a lawyer, engineer, architect, accountant, salesman, or other similar occupation;

e.

Teaching or tutoring, including musical instruction and dance instruction, limited to not more than two pupils at a time;

f.

Typing/wordprocessing service;

g.

Small scale seafood harvesting with no more than one recreational type boat stored on the premises and without outside storage of equipment unless screened from view of the street and adjacent property.

(12)

Home occupations that are existing as legal uses shall not be allowed to continue once the occupants who have established the legal use status no longer occupy the premises.

(13)

The department of planning and zoning shall determine whether the home occupation meets the established criteria and shall issue a home occupation permit when such application is in compliance with the established criteria. Any person aggrieved by a decision of the department of planning and zoning may appeal that decision to the zoning board of adjustments in accordance with the procedure for filing appeals as defined in this chapter.

(14)

Once an applicant meets all of the criteria for a home occupation and is approved by the parish department of planning and zoning, a home occupation license must be obtained from the parish sheriff's office.

(g)

Adult uses.

(1)

Location.

a.

Prohibition. Adult uses, as primary or accessory use, are prohibited within the following zoning districts:

1.

Rural District [RURAL].

2.

Residential District One [R-1].

3.

Residential District One-A [R1-A].

4.

Residential District Two [R-2].

5.

Residential District Three [R-].

6.

Residential District Four [R-4].

7.

Mobile Home Park District [MHP].

8.

Commercial District One [C-1].

9.

Commercial District Two [C-2].

b.

Distance criteria—Zoning. Adult uses are prohibited within 1,000 feet of the following districts:

1.

Rural District [RURAL].

2.

Residential District One [R-1].

3.

Residential District One-A [R-1-A].

4.

Residential District Two [R-2].

5.

Residential District Three [R-3].

6.

Residential District Four [R-4].

7.

Mobile Home Park District [MHP].

c.

Distance criteria—Land uses. Adult uses are prohibited within 1,000 feet of the following land uses or uses similar to those listed:

1.

Existing residential uses or dwellings (including mobile homes, fixed/immovable homes, and multi-unit residential buildings);

2.

Houses of worship or religious institutions;

3.

Public or licensed educational institutions that serve persons younger than 18;

4.

Day care centers;

5.

Public parks, recreation areas, or playgrounds;

6.

Libraries, museums, or other public buildings;

7.

Community centers;

8.

Historic districts; and

9.

Any other existing adult use.

d.

Measurement. Measurement of the distance criteria in section 113-474(g)(1)(b) and (c) shall be taken radially from the closest point between the lot proposed to be developed as an adult use and the lot zoned within one of the above listed districts (section 113-474(g)(1)(b), the boundary of such zoning district (listed above - section 113-474(g)(1)(b)), or the lot developed with the use (listed above - section 113-474(g)(1)(c)), whichever is closer.

(2)

Conditional use permit required. The establishment of any adult use requires a conditional use permit as per chapter 113 - zoning, article II - administration and enforcement, division 4 - conditional use permits.

(3)

Criteria.

a.

Obscene uses/activities prohibited. As per section 28-66 of the Code, unlicensed massage studios, contact/touching/encounter-oriented adult uses, and those adult uses containing or associated with video-viewing booth or arcade booths are prohibited. All adult use establishments must operate in compliance with all applicable obscenity regulations, including those in R.S. 14:106 et seq.

b.

Public display. Any displays of wares visible to the general public (such as in windows) must not include the following:

1.

Adult media;

2.

Lingerie, or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; or

3.

Sexually oriented toys or novelties or obscene devices.

c.

Hours of operation. No adult use establishment may operate or be occupied by anyone except employees between 2:00 a.m. and 6:00 a.m.

d.

Age restriction clearly posted. All adult use establishments must post notice of any applicable age-specific restrictions (as determined by federal, state, or local law) in a location clearly visible to all patrons prior to their entry into such establishment.

e.

No loitering. All persons are prohibited from congregating in groups of five or more in front of or within 300 feet (measured radially from the building/area housing the adult use) of any adult use establishment.

(h)

Mobile homes and manufactured homes. In all zoning districts, mobile homes and manufactured homes shall have and maintain foundation skirting on all sides (unbroken except for ventilation).

(Code 1988, § 33:88; Ord. No. MM-22, 6-13-2000; Ord. No. MM-30, 6-27-2000; Ord. No. 17-33, § IX, 8-8-2017; Ord. No. 24-35, 8-13-2024)

(a)

For residential uses, except in cases of planned multi-family developments, only one principal building, together with the customary accessory buildings, shall occupy each lot.

(b)

Residential accessory buildings, specifically, detached accessory structures, attached garages, and carports, are hereby exempt from the rear and side yard setback requirements in their respective zoning district and are subject to the following regulations:

(1)

Side yard. A five-foot side yard setback is permitted for residential accessory structures.

(2)

Rear yard. A five-foot rear yard setback is permitted for residential accessory structures.

(3)

Any accessory structure built in conformance with these regulations must still meet any and all requirements prescribed by building, fire, and floodplain management codes.

(Code 1988, § 33:89; Ord. No. 16-56, § VI, 12-13-2016; Ord. No. 18-31, § XIV, 10-9-2018; Ord. No. 24-54, 10-22-2024)

The height limitations as set forth in this chapter shall not apply to church spires, belfries, monuments, tanks, water towers, fire towers, stage towers, or scenery lofts, cooling towers, spires, radio or television antennas, chimneys, elevator bulkheads, smoke stacks, oil derricks, conveyors, or flagpoles; except, that all uses including the uses in this section shall comply with the provisions of any applicable governmental height requirements.

(Code 1988, § 33:90)

(a)

Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as commercial or industrial, the front yard depth in the commercial or industrial district shall be equal to the required front yard depth of the residential district.

(b)

On corner lots having yard requirements, no fence, wall, hedge, or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street rights-of-way lines and a straight line joining said street rights-of-way lines at points which are 15 feet distant from the point of intersection, measured along said street rights-of-way lines.

(c)

In determining all yard requirements, measurements shall be made from the structural member closest to the property line. Roof, gutter, eave, bay window, and other similar overhangs shall have a minimum sky clearance of two feet from the property line.

(d)

If 40 percent or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have existed front yards less than that required, no building need be set back from the street more than average front yard depth of such buildings.

(e)

All new subdivision development will prohibit the use of trees and shrubs in servitudes to prevent blockage of view and drainage.

(Code 1988, § 33:91; Ord. No. 97-103, 10-14-1997; Ord. No. 16-56, § VI, 12-13-2016)

(a)

No community home shall be within 1,000 feet of another community home.

(b)

In conformance with state statues, in particular R.S. 28:478, and in order to monitor the operation, number and locations of community homes in the parish, and to protect the citizens and residents of both the neighborhood and the community home, the sponsors or operators of all proposed community homes in the parish shall notify the parish of their intent to apply for a state license to open a community home at a particular site. Said operator shall file a community home registration request form with the parish zoning regulatory administrator. This information shall include the site of the proposed facility, the number of residents and staff proposed, the particular handicap of the residents and proof of state licensing application. The planning commission shall review the information, including the state license application, for each community home, and shall approve or disapprove a certificate of occupancy for a particular site within 45 days of the original notification. If there is no response by the planning commission within 45 days, it shall be assumed that there is no objection to the site proposed by the sponsor.

(c)

Nothing in this section shall be construed to prevent a reasonable accommodation for persons with disabilities as defined in the federal Fair Housing Act in accordance with federal, state and parish procedures.

(Code 1988, § 33:92; Ord. No. 97-15, 3-15-1997)

A conditional use permit, in accordance with chapter 113 - zoning, article II - administration and enforcement, division 4 - conditional use permits is required to establish a truck terminal. Truck terminals shall conform to the regulation set forth by the state and to the following regulations:

(1)

Frontage shall be on a median-divided major arterial with a minimum of four roadway lanes, and having federal or state designation.

(2)

Minimum lot size of site shall be ten acres.

(3)

Truck terminals with video poker gaming facilities shall have all the following amenities:

a.

A separate truckers' lounge.

b.

A full-service laundry facility located in a convenient area for truckers use.

c.

Private showers for men and women and not located in an area open to the general public facilities.

d.

A travel store with items commonly referred to as truckers' supplies (items commonly used by commercial motor vehicles).

e.

Truck scales.

f.

Separate truckers' telephones.

g.

Permanent storage facilities for fuel and fuel accessories.

h.

These regulations shall not apply to any truck stops with video poker gaming facilities having a certificate of zoning compliance prior to the effective date of the ordinance from which this chapter is derived.

(Code 1988, § 33:93; Ord. No. 08-33, 6-24-2008; Ord. No. 18-31, § XIV, 10-9-2018)

Editor's note— Ord. No. 18-31, § XIV, adopted Oct. 9, 2018, changed the title of § 113-479 from "Truck stops or terminals with video poker gaming facilities" to read as herein set out.

In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of gasoline service stations; and, to regulate and control the adverse effects which these and other problems incidental to the service station may exercise upon adjacent and surrounding, areas, the following additional regulations and requirements are provided herein for service stations located in any zone in which they are permitted. All service stations erected after the effective date of the ordinance from which this chapter is derived shall comply with all requirements of this section. No service station existing on the effective date of the ordinance from which this chapter is derived shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effective date of the ordinance from which this chapter is derived.

(1)

A service station shall be located on a lot having a frontage along the principle street of not less than 100 feet, and having a minimum area of not less than 10,000 square feet.

(2)

A service station building, housing an office and/or facilities for servicing, greasing, and/or washing motor vehicles shall be located not less than 40 feet from any street lot line, and not less than ten feet from any other lot line.

(3)

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than 20 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

(4)

A service station located on a lot having an area of 10,000 square feet, shall include not more than eight gasoline dispensers and two enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two gasoline dispensers and/or one enclosed stall may be included with the provision of each additional 2,000 square feet of lot area.

(5)

Where a service station adjoins any property located in any residential zone, or is separated from any such property by a public alley only, a 100 percent opaque wall or fence six feet in height shall be erected and maintained along the common lot line or along the alley lot line. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting with the wall.

(6)

All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.

(7)

Any service activity that is not customarily part of vehicular servicing (i.e., automobiles, trailers, or trucks) shall be prohibited unless and until reviewed by the planning commission and approval is given by the parish council in accordance with the following requirements:

a.

At least 30 percent or more of lot area is needed.

b.

Location of these activities shall be on the lot in question and to the rear of the lot area.

(Code 1988, § 33:97; Ord. No. 18-16, § III, 6-12-2018)

Mobile homes must meet all of the following criteria in order to be located adjacent to an existing residential unit in a rural district:

(1)

Certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development;

(2)

The unit should appear to face the street;

(3)

Apparent bulk should be similar to those structures existing in the general vicinity;

(4)

Only one mobile home unit per lot;

(5)

The mobile home unit shall be supported by permanent foundation and anchored;

(6)

No mobile home unit shall be placed upon a parcel of land that is already occupied by a residential dwelling unit;

(7)

All regulations described by the state department of health and hospitals relating to the placement of a single mobile home unit on a parcel of land shall be complied with;

(8)

Roof pitch and type must be similar in degree of pitch and materials to that of structures existing in the general vicinity;

(9)

All plumbing, water, sewer connections, etc., shall be permanent and are to be placed underground according to accepted plumbing specifications;

(10)

All electrical connections must be permanent and conform to accepted standards of the residential construction in the general vicinity; and

(11)

All existing subdivision restrictions, where not in conflict with this chapter, must be adhered to.

(Code 1988, § 33:99)

Editor's note— Ord. No. 18-31, § XIV, adopted Oct. 9, 2018, repealed § 113-482, which pertained to public impact review and derived from Code 1988, § 33:100; and Ord. No. 94-92, adopted Dec. 13, 1994.

(a)

Generally. Manufactured homes and mobile homes shall be subject to the regulations in this section, unless elsewhere allowed as a permitted use in a zoning district.

(b)

Planning commission approval. All applications for a manufactured home or mobile home shall be forwarded for approval by the planning commission following a public hearing in accordance with the provision contained in this section.

(c)

Permanent installations. The planning commission may grant authority for the permanent installation of a manufactured home or mobile home for single-family residences in any zoning district; provided that:

(1)

The structure is attached to, and installed on, a permanent foundation and the provisions of R.S. 9:1149.4 are complied with;

(2)

The structure is compatible, as set forth in subsection (d) of this section, to surrounding site-built housing on both sides of the street or road and on adjacent streets within a 400-foot radius from the center of the subject property, as measured by the parish's GIS; and

(3)

A sign is placed by the parish, on the property line between the street and the property on which the trailer is to be placed advising the public that an application for placement of a trailer has been received and providing the date, location and time of the public hearing on the application. The sign must be placed and maintained on the property at least seven days prior to the public hearing. The zoning regulatory administrator shall be responsible to determine that the sign was installed and maintained for the required period of time.

(d)

Compatibility. Compatible, as used in this section, shall be judged using the following criteria:

(1)

Exterior finish. The exterior shall be constructed of wood, masonry, concrete, stucco, Masonite, vinyl lap, or other materials of like appearance, similar in materials or otherwise similar to materials on surrounding site-built housing on both sides of the street or road and on adjacent streets within a 400-foot radius from the center of the subject property, as measured by the parish's GIS.

(2)

Roof. The main roof shall have a minimum 2:12 roof pitch and shall be constructed of materials similar to roof materials on surrounding site-built housing on both sides of the street or road and on adjacent streets within a 400-foot radius from the center of the subject property, as measured by the parish's GIS. Preferable materials are wood shakes, asphalt composition, wood shingles, slate, built-up gravel materials, or other materials approved by the building official.

(3)

The mobile home shall have a minimum width of the main body as assembled on site of not less than 11 feet six inches as measured across the narrowest position.

(4)

The mobile home shall have a minimum floor area of 720 square feet.

(5)

The planning commission may also take into consideration:

a.

The changes in land use patterns on nearby and adjacent properties.

b.

The effect on land value, physical environment or economic aspects that could limit the usefulness of property.

(e)

Application and public hearing. All requests for mobile home placements shall require a public hearing before the parish planning commission. Applications for mobile home placements are available from the department of planning and zoning. All applications shall be accompanied by the following:

(1)

A legal document (deed, survey, act of sale, etc.) which indicates size and dimensions of lot.

(2)

Proof of ownership or lease.

(3)

A site plan, showing lot dimensions, mobile home placement, setbacks and other information necessary for the department of planning and zoning and the planning commission to make a decision.

(4)

A picture or elevation drawing of mobile home front and side views.

(5)

A sales contract or affidavit stating:

a.

The exterior material composition;

b.

The hitch tongue will be removed;

c.

The mobile home will be skirted;

d.

The wheels will be removed; and

e.

The mobile home will be placed on piers or on concrete skids.

(6)

A nonrefundable advertisement fee in the amount set forth in section 14-113 is required. If the planning commission approves the request, there is an additional mobile home permit fee.

All of the items in this subsection must be submitted when the request is filed with the department of planning and zoning. The planning commission will not consider a request unless all required submittal items have been received by the department of planning and zoning. Failure to supply all of the items in this subsection at the time of application submittal may result in the request being presented to the planning commission being delayed. The planning commission, in making its decision, shall consider recommendations of the department of planning and zoning, and the criteria listed regarding compatibility and hardship.

(f)

Approval. Upon approval by the planning commission, no certificate of occupancy or electrical power will be granted until a final inspection by the parish verifies compliance to setback requirements and placement requirements (tongue and wheels removed, skirting, etc.) Noncompliance with the regulations in this section may result in denial of a certificate of occupancy, denial of electrical power, fine, or forced removal of mobile home from the property. An additional mobile home permit fee is required upon approval. All decisions made by the planning commission are final.

(g)

One-year limitation. If the request to locate a mobile home is denied by the planning commission, the commission shall not consider any further request or petition requesting or proposing the location of a mobile home on the same property for one calendar year from the date of the commission's final action on the original petition or request. If there is a substantial change in the request or available information of the original request, as determined by the department of planning and zoning, the planning commission may consider an appeal on the same property within that one-year limitation period. The criteria to be used in determining a substantial change includes the following:

(1)

Substantial changes in the materials of the structure, foundation, or the siting of the mobile home on the property.

(2)

Additional information regarding compatibility, nearby land uses and zoning districts that was not available at the planning commission's public hearing.

(h)

Approval and appeal. Any appeal to the decision of the planning commission can be requested through the parish council. If the original request is denied by the planning commission, a two-thirds majority vote of the parish council is needed to override the decision. If the planning commission vote is unanimous, for or against the original request, the matter shall not be introduced except by a majority vote of the council and placed on the council agenda.

(Code 1988, § 33:84; Ord. No. 86-38, 5-22-1986; Ord. No. 94-10, 2-22-1994; Ord. No. MM 1-78, 12-11-2001; Ord. No. 03-03, 1-28-2003; Ord. No. 03-08, 2-11-2003)

(a)

Automobile sales establishments shall only be located in those districts where they are specifically permitted as per chapter 113, article IV, district regulations.

(b)

Site development criteria. All automobile sales and rental establishments shall have a permanent building as a primary structure. No portable, temporary, or manufactured building shall be used as the primary structure.

(c)

Parking requirements for automobile sales establishments are provided in article VII of this chapter.

(Ord. No. 15-03, 2-24-2015; Ord. No. 18-16, § III, 6-12-2018)

The establishment of a temporary residential housing development is only permitted in the Rural District, Industrial District One [I-1], Industrial District Two [I-2], and Industrial District Three [I-3], and requires a conditional use permit in accordance with Chapter 113 - Zoning, Article II. - Administration and Enforcement, Division 4. - Conditional Use Permits. The request shall also be subject to the following requirements:

(1)

Required submissions. In addition to those materials required by chapter 113 - zoning, article II - administration and enforcement, division 4 - conditional use permits, an application for a temporary residential housing development shall include the following:

a.

Names and addresses of abutting property owners as listed in assessor's records.

b.

Site plan. Five copies of the site plan, stamped by an architect, signed and dated by the applicant, and drawn to scale to meet requirements/restrictions listed in subsection (2) of this section.

c.

Driveway permit from the department of planning and zoning or the LA DOTD, where applicable.

d.

Permit or letter of no objection from state department of health and hospitals for sanitary issues.

e.

Permit or letter of no objection from the state fire marshal, where applicable.

f.

A security contract to satisfy the requirements of subsection (3)b of this section.

g.

A solid waste contract to satisfy the requirements of subsection (3)c of this section.

h.

Security bond/irrevocable letter of credit. The developer shall provide for a surety bond, letter of credit, or other parish-approved security instrument executed in favor of the parish department of finance. The total amount of the bond, letter of credit, or other parish-approved security instrument shall be based on the cost of maintaining the required contracts for services required by the developer for 36-month period. An additional percentage, to be determined at the time of application, may be included to cover administrative and legal expenses that may be incurred in having the units removed by court action. If all units are not removed within 90 days after the permit expires, the parish will collect the total amount of the bond money, letter of credit or whatever parish-approved security instrument is accepted to help assist in paying expenses involved in having the remaining units removed as well as to pay for any additional parish expenses incurred because of the nonremoval of the units. The parish may immediately redeem the bond, letter of credit or other parish-approved security instrument if the permit is revoked due to the developer's failure to maintain required contracts or to meet other obligations required by the planning commission and/or the parish council as stipulated during the approval process. The security instrument shall be submitted and approved by the parish legal services department before occupation of the development is permitted.

(2)

Zoning/site, restrictions/density and spatial requirements. The site of a temporary residential housing development must meet the following criteria:

a.

Proposed site shall be a minimum of five acres.

b.

No unit shall be placed in required front, side, or rear yards of its respective zoning district.

c.

A minimum of 25 feet of open space shall be maintained between each unit in all directions and delineated explicitly on the site plan.

d.

Each unit site shall have an address assigned by 911 and shall be a minimum 35-feet-wide, shall indicate a parking area for at least one vehicle, and shall abut an access drive. Sites may provide a pad improved with a porous, aggregate-type material; however, pads are not required.

e.

Owners are responsible to maintain streets.

f.

Each unit shall be no further than 500 feet from a fire hydrant.

g.

Access roads shall be a minimum of 24 feet in width and shall be constructed with a porous, aggregate-type material.

h.

Location of streetlights.

i.

The location of all service, maintenance, utility and security structures shall be clearly indicated.

j.

In no case shall a site exceed 200 units.

k.

Where a permanent sewer system is not available, a private sewer and disposal system shall be provided

(3)

Operational requirement.

a.

Twenty-four-hour security. Twenty-four-hour security shall be provided by the developer. The developer must contract with the parish sheriff's office or a licensed security service to provide service approved by the sheriff's office. A letter from the sheriff's office will suffice as proof that this obligation has been addressed. Occupancy of the site will not be allowed until the security obligation has commenced. Termination of the security contract prior to expiration of the permit shall result in the permit being revoked.

b.

Solid waste removal. Dumpsters and disposal service shall be provided by the developer. The parish may request a review of the agreement. Occupancy of the site will not be allowed until the garbage/trash contract has commenced and the required dumpsters are located on site. Termination of the garbage service prior to expiration of the permit shall result in the permit being revoked.

c.

Time limit. A special permit use for a temporary housing development shall be issued for an initial period of up to 36 months. The department of planning and zoning shall send notices by certified mail to the applicant 60 days prior to the expiration date.

d.

Exception to the three-year limit. Exceptions to the three-year limit can be done by the planning commission's approval and a supporting resolution by the parish council. All extensions shall be for a six-month or less period. The planning commission and the parish council will determine the number of extensions allowed. All required contracts for security and garbage must be maintained and the surety bond/letter of credit must be maintained during subsequent disaster extensions.

(Ord. No. 18-31, § XIV, 910-9-2018)

Light manufacturing, assembly, or artisan/craftsman workshops are permitted in the Industrial One [I-1] district, the Commercial Three [C-3] district, or on any commercially-zoned site located within a historic district as established in section 114-29 - Designated historic districts, provided the site complies with the following criteria:

(1)

All manufacturing/assembly operations are conducted within fully enclosed buildings; and

(2)

The site is not noxious or offensive by reason of emission of smoke, dust, gas, fumes, odor, noise, light, glare, or vibration perceptible beyond the confines of the building; and

(3)

Equipment must not be cleaned outside and residue washed into the streets, alleys or storm sewers.

(4)

If the site is within the Commercial District One, Two, or Three [C-1, C-2, or C-3], and the proposed building or workshop exceeds 3,000 square feet per unit, a Conditional Use Permit in accordance with chapter 113 - zoning, article II - administration and enforcement, division 4 - conditional use permits will be required prior to operation.

(5)

Violations of the criteria listed in section 113-486 shall be subject to the enforcement actions outlined in chapter 2.5 of this Code and section 26-23 - administration and enforcement, and shall be subject to assessed penalties and fines in accordance with section 2.5-9 - costs, fines, and penalties and section 113-2 - penalty.

The following words, terms and phrases, when used in this division shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means an apparatus external to or attached to the exterior of a building or telecommunication tower for sending and/or receiving electromagnetic waves. Antennas may be principal or accessory structures.

Antenna structures means any new or existing manmade object or structure and the radiating and/or received system, its supporting structures and any appurtenances mounted thereon, used for telecommunications. Most antenna structures are registered with the FCC.

Colocation-Reuse means an existing telecommunications antenna structure or tower for additional radiators, receivers, and/or equipment operation.

Guyed tower means a telecommunication tower that is supported, in whole or in part by guy wires and related ground anchors.

Monopole tower means a telecommunication tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and related ground anchors.

Satellite dish antenna means a device or instrument designed for the reception of television or other electronic communications, signals, broadcasts relayed from earth satellites and which, at the widest part of the dish, is a maximum of ten feet in diameter. It may be solid, open mesh, or bar configured, typically eight to 12 feet in diameter and in the shape of a shallow dish, parabola, or horn.

Self support lattice tower means a telecommunications tower that is constructed without guy wires and related ground anchors and which is not a monopole tower.

Telecommunications means the transmission between or among points specified by the user, of information for the user's choosing, without change in the form or content of the information as sent and received.

Telecommunications tower means a tower, pole, or similar structure constructed principally for the purpose of supporting one or which supports several telecommunications antennas, operated for commercial purpose above ground, in a fixed location, freestanding, guyed, or on a building or other structures. The term "telecommunications tower" is synonymous with the term "antenna support structure" or "antenna structure."

Tower height means the distance from the ground elevation of the base of the telecommunication tower to the top of the telecommunication tower or any attached wireless transmission and relay equipment.

Wireless facility includes the telecommunication tower, antennae, wireless transmission and relay equipment, perimeter fencing, and any other equipment or buildings necessary for the operation of wireless reception and transmission.

Wireless transmission and relay equipment means any system of rods, wires, poles, reflecting discs, or similar devices used for the transmission or reception of telecommunications signals external to or attached to the exterior of any building or other structures.

(Code 1988, § 5:700; Ord. No. 02-64, 9-24-2002)

(a)

Permits required. Obtaining a permit shall include meeting the requirements of an occupational license and a building permit.

(b)

Applications.

(1)

Contents. Application contents are as follows:

a.

One copy of the complete specifications for the proposed structure and antennas, including a description of the design characteristics and materials.

b.

A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires, and related ground anchors, any proposed structures, parking, fences, and landscaping. Existing conditions surrounding the site such as any structures, fences, etc., shall also be shown. The site plan should also include a vicinity map.

c.

A survey from a licensed land surveyor or civil engineer indicating all zoning/land uses within a three-mile radius of the wireless facility with existing towers and structures shown.

d.

A certificate from a licensed engineer of capacity by type and number of the communications tower, certified or stamped drawings and calculations detailing the design basis for the tower or support structure, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222-G, latest revision standards. This certification shall also show that the proposed tower is designed for colocation.

e.

Identification of the owners, operators, and call signs of all telecommunications antenna and equipment existing and to be located on the site.

f.

Written authorization from the site owner allowing the applicant to submit the application.

g.

Certification by the Federal Aviation Administration (FAA) that the proposed activity is in compliance with FAA requirements. A written description of the proposed operation and need for a new structure. Also for new towers, a written description of opportunities for future colocation on the tower.

h.

Payment of appropriate fees as established in section 14-113.

i.

Notification shall be provided to citizens of the parish within three miles of the proposed tower site by conspicuous publication of the proposed site in the official journal of the parish ten days after the administrative committee review, to be printed two times before the scheduling of utility board or planning commission meetings. This notice requirement is separate from any parish publication requirements.

(2)

Review procedure. The applications hereunder shall require, with regard to the applicant's compliance with the standards and requirements set forth in this division, approval from each of the following boards and committees to reach final approval. Rejection by any of the boards or committees will deny siting:

a.

Administrative committee review.

b.

Parish engineer's review.

c.

Utility board review, if any utilities or drainage are involved.

d.

Planning commission review.

e.

Parish council's use permit and/or ordinance.

(c)

Siting requirements.

(1)

Zoning. Priority/preference will be given to existing structures, and on public property.

(2)

Colocation. To minimize the visual impact associated with the proliferation and clustering of communication towers, colocation of facilities on existing towers and suitable structures shall be encouraged by administrative approval. The parish shall issue permits to shared facilities upon administrative approval. A telecommunications provider submitting a proposal for colocation shall omit this subsection and subsections (d) and (e) of this section. Subsections (b)(1)a., b., e. and f. of this section shall be submitted and this should be accompanied by FAA certification and written authorization from the site owner and tower owner allowing the applicant to submit the application.

(3)

Qualified shared and colocation facilities. When a telecommunications provider can show that:

a.

The facility is appropriately designed for sharing;

a.

The telecommunications provider has adopted policies, leases, interagency agreements, or other contracts that has prepared it to offer the facility to others on fair, reasonable, nondiscriminatory terms; and

c.

The facility will approve referrals from the parish planning commission or independently identified colocators to three additional antenna or monopoles and four additional antenna on lattice towers. The facility shall be deemed a qualified shared facility and in addition to administrative approval will benefit from:

1.

The elimination of the area requirements for front, side and rear that mandate regular setbacks in the application's zoning district. The supplemental height requirements and minimum lot areas shall remain required.

2.

The ability to exceed the maximum of 250 foot height limitation up to a height determined by the administrative committee to be appropriate to satisfy both the needs of the applicant as well as the goals for colocation and sharing of facilities under this section.

(4)

New construction. Colocation of telecommunications facilities on existing or new structures shall take precedence over the construction of new single use telecommunications towers. Construction of new telecommunication towers or structures shall follow all five steps in the review procedure of subsection (b)(2) of this section and shall be processed as a conditional use permit request in conformance with chapter 113 - zoning, article II - administration and enforcement, division 4 - conditional use permits.

(5)

Transfer of use. Approved telecommunications towers or antennas may be transferred to the successor and assigns of the approved party, subject to all of the conditions which apply to new location approval.

(6)

Commercial Three District (C-3) height restrictions. An additional two-foot setback for each foot over 35 feet shall be required from the nearest property line.

(7)

Residential districts. In residential zoning districts, siting will be allowed only when on public property or on property containing non-residential uses. The property must be in excess of five acres with the tower being no closer than 500 feet to any residences or any other existing telecommunications tower. The height of a tower in a residential zoning district shall not exceed 70 feet.

(d)

Design standards.

(1)

Height maximum. Telecommunication towers in the industrial and rural districts shall not exceed 250 feet in tower height except upon certification as a qualified shared facility, whereupon the maximum height shall be 300 feet.

(2)

Structural integrity. Wireless facilities, cellular, and PCS installations shall be certified by an engineer registered in the state. The tower and any other transmission equipment must be certified to meet any structural standards for steel antenna towers and support structures set in the Electronic Industry Association/Telecommunication Industry Association Standards referenced as ANSI/EIA/TIA-222-G or latest revision.

(3)

Loading capacity. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, which, through standards acceptable as engineering analysis certifies the tower's compliance with applicable standards and describes the tower's capacity, including number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users, two at a minimum.

(4)

Buffering. Buffering shall be determined by the zoning district requirements. However for telecommunications towers, when the site abuts its own zoning district or is within a rural multipurpose use district, then buffering requirements shall apply. For the purpose of buffering telecommunications sites, the eight-foot site-obscuring fence may be constructed of wood, brick or masonry to security purposes.

(5)

Color requirements. Except when superseded by state or federal regulations telecommunications towers shall be galvanized unpainted metal, gray, forest green, or other colors approved on an individual special basis.

(6)

Prohibited designs. The use of the following designs are prohibited:

a.

Towers in excess of 300 linear feet.

b.

Satellite dish antennas in front yards of residential districts.

c.

Sign advertising appurtenant to a telecommunications device or base station.

d.

Towers in primary colors such as red, orange, blue, or yellow.

e.

Equipment storage at the telecommunications base station other than temporary repair supplies or equipment customarily functioning with the wireless facility.

(e)

Abandonment. In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned.

(1)

Determination of the date of abandonment shall be made by the director of the planning commission who shall have the right to request documentation and/or affidavits from the telecommunication owner regarding the issue to tower usage.

(2)

Upon such abandonment, the owner/operator of the tower shall have an additional 60 days from receipt of written notice by the parish of the abandonment within which to:

a.

Reactivate the use of the tower or transfer the tower to another owner/operator; or

b.

Dismantle and remove the tower and associated facilities.

(3)

At 61 days from the date of the carrier's receipt of the aforesaid written notice from the parish all permits issued shall be deemed expired and a penalty amount of $100.00 a day shall be imposed upon the owner of record until the date of removal.

(4)

Tower owners shall provide an adequate surety bond to guarantee dismantling.

(Code 1988, § 5:701; Ord. No. 02-64, 9-24-2002; Ord. No. 02-88, 12-10-2002; Ord. No. 18-31, § XIV, 10-9-2018)

(a)

Residential districts.

(1)

Roof mounted. In any residential district, roof-mounted accessory antennas of any type may be erected on the roof of a principal building to a maximum height of 35 feet above the maximum height of the building on which it is located. However, the following additional requirements shall also apply to roof-mounted satellite dish antennas:

a.

Only one satellite dish shall be permitted per lot.

b.

Satellite dish antennas shall not be visible between ground level and ten feet above ground level from any street adjoining a lot.

c.

Satellite dish antennas shall not exceed ten feet in diameter.

d.

Satellite dish antennas shall be neutral in color, and to the extent possible, compatible with the appearance and character of the neighborhood.

(2)

Ground mounted. In any residential district, one accessory ground-mounted satellite dish antenna may be erected to a maximum height of 12 feet above adjacent ground level, provided:

a.

The diameter of such satellite dish antenna shall not exceed ten feet.

b.

Such satellite dish may only be located in the rear yard, a maximum of ten feet from the lot line.

c.

The satellite dish shall be neutral in color, and to the extent possible, compatible in character and appearance with the surrounding neighborhood.

d.

Citizen band radio tower antennas and other radio tower antenna shall be restricted to the maximum height of 12 feet above the adjacent ground level. They shall be neutral in color and to the extent possible compatible in character and appearance with the surrounding neighborhood.

(b)

Commercial districts.

(1)

Roof mounted. In addition to the provisions of this division governing the erection of telecommunication towers in rural and industrial districts, roof-mounted accessory antennas of any type may be erected on the roof of the principal building to a maximum height of 45 feet above the maximum height of the building on which it is located. However, the following additional requirements shall also apply to roof mounted satellite antennas:

a.

Satellite dish antennas shall not be visible between ground level and ten feet above ground level from any street adjoining the lot.

b.

Satellite dish antennas shall not exceed ten feet in diameter.

c.

Satellite dish antennas and their accompanying supports shall be neutral in color and, to the extent possible, be compatible with the appearance and character of the neighborhood.

(2)

Ground mounted. Ground-mounted satellite dish antennas may be erected in commercial or industrial districts to the maximum building height applicable to the underlying zoning district: provided:

a.

They are not located between a building and a front lot line.

b.

The visual impact of such satellite dish antennas is reduced by screening or buffering.

c.

If the subject parcel abuts a residence district, all such antennas shall be placed a minimum of ten feet from the lot line and effectively screened by a solid fence, wall, or dense screening hedge to a minimum height of eight feet. Said fence wall, or hedge shall be located on or near the lot line abutting the residential district and shall otherwise comply with the applicable zoning requirements governing its location.

d.

The satellite dish antenna shall be neutral in color and, to the extent possible, compatible in appearance with the surrounding neighborhood.

e.

In all commercial and all industrial districts, the maximum diameter of satellite dish antennas shall not exceed four feet in diameter.

(Code 1988, § 5:702)

(a)

Nothing in this division shall be interpreted as to restrict the local governing authority, or any of its departments or agencies of the parish from installing and/or replacing any tower, antenna, or any other communication-type devices used specifically for daily operations of the parish for health and safety.

(b)

Any towers and/or antennas, used for public communications licensed to the parish by the Federal Communication Commission, shall specifically be excluded from the requirements of this division.

(Code 1988, § 5:703; Ord. No. 98-31, 3-24-1998)

Editor's note— Ord. No. 17-06, § VIII, adopted Feb. 7, 2017, repealed div. 4, §§ 113-557—113-561, which pertained to signs and derived from Code 1988, §§ 26:100—26:103, 26:105, § 33:98; Ord. of 12-9-1982; Ord. No. 02-79, 11-26-2002; Ord. No. 04-25, 7-27-2004; Ord. No. 10-13, 5-25-2010; Ord. No. 15-28, 8-11-2015. Similar provisions can be found in article VI of this chapter.

It shall be unlawful for any person to construct or alter any mobile home park unless he receives a certificate of zoning compliance issued by the parish inspector.

(Code 1988, § 32:1; Ord. of 5-22-1980)

(a)

The mobile home park shall be located on a well-drained site; shall be so located that its drainage will not endanger adjacent property and water supply; and, shall be in conformity with plans approved by the planning commission.

(b)

Any lot or portion of ground proposed to be used for a mobile home park shall not have mobile homes parked closer to the street than the general setback line of the surrounding property. For example, if a building setback on surrounding property is 20 feet from the street, then the mobile home must be set back 20 feet from the street.

(Code 1988, § 32:2)

(a)

Mobile homes parked perpendicular to roadway.

(1)

Maximum length of mobile home: 80 feet.

(2)

Minimum width of property: 130 feet.

(3)

Lot size:

a.

Width: 30 feet; and

b.

Depth: 100 feet.

(4)

Width of right-of-way: 30 feet.

(5)

Setback: 15 feet.

(6)

Back clearance: 5 feet to lot line.

(7)

Parking: 2 spaces per lot.

(b)

Mobile homes parked parallel to roadway.

(1)

Maximum length of mobile home: 80 feet.

(2)

Minimum width of property: 64 feet.

(3)

Lot size:

a.

Width: 90 feet; and

b.

Depth: 34 feet.

(4)

Width of right-of-way: 30 feet.

(5)

Setback: 15 feet.

(6)

Back clearance and end clearance: 5 feet to lot line.

(7)

Parking: 2 spaces per lot.

(c)

Perpendicular parking to street.

(1)

Maximum length of mobile home: 45 feet (coach).

(2)

Width of property: 105 feet.

(3)

Width of roadway: 30 feet.

(4)

Lot size: 30 feet by 65 feet.

(5)

Setback: 15 feet.

(6)

Back clearance: 5 feet to lot line.

(7)

Parking: 2 spaces per lot.

(d)

Parallel parking to street.

(1)

Width of property: 64 feet.

(2)

Width of roadway: 30 feet.

(3)

Setback: 15 feet.

(4)

Back end clearance: 5 feet.

(5)

Lot size: 55 feet by 34 feet.

(e)

Angle parking to roadway. Mobile homes may be parked at up to a 45-degree angle with the roadway; provided that:

(1)

All mobile homes are placed at the same angle;

(2)

All other provisions of this division are met; and

(3)

The parish planning commission approves the plot plan and issues the trailer park permits.

(Code 1988, § 32:3; Ord. of 5-11-1981)

(a)

Sufficient area shall be provided for the parking of at least two motor vehicles for each mobile home space, plus an additional car space for each three lots to provide for guest parking for tenants and for delivery and service vehicles. Motor vehicles shall not be parked between mobile homes.

(b)

A patio slab of at least 180 square feet shall be provided on each mobile home lot and conveniently located at the entrance of each mobile home.

(Code 1988, § 32:4; Ord. of 5-11-1981)

All streets within the mobile home park shall be paved with a minimum of 24-foot width. It will be the owner's responsibility to maintain the streets, post speed limit and stop signs, etc.

(Code 1988, § 32:5; Ord. of 5-11-1981; Ord. No. 97-30, 4-22-1997)

(a)

An adequate and safe water supply under pressure shall be supplied to each mobile home; shall be connected to the public water system; and, shall be approved by the parish health unit. Each mobile home shall have a water supply outlet.

(b)

All mobile homes within the mobile home park shall be no further than 500 feet from a fire hydrant. If owner wishes to expand he will have to bear the cost of additional water lines and fire hydrants.

(Code 1988, § 32:6; Ord. of 5-11-1981)

(a)

Waste from toilets, slop-water closets, bathtubs, showers, lavatories and laundries shall be discharged into a public sewer system when such public facilities are adequate and the mobile home park is legally entitled to utilize such facilities. If it is deemed necessary by sewer boards, all trailer parks must provide their own treatment plants.

(b)

When a public sewer system is not available, a private sewer and sewage disposal system shall be provided. The private facilities shall meet with the approval of the parish sewerage administrator and the parish health unit. The private sewerage system shall be maintained by the owner of the mobile home park and at no time will the parish provide maintenance or services for same.

(Code 1988, § 32:7; Ord. of 5-11-1981)

An adequate crown or cross gradient shall be provided for surface drainage.

(Code 1988, § 32:8; Ord. of 5-11-1981)

(a)

Fences or freestanding walls should be installed where necessary for screening purposes, such as around outdoor areas, laundry yards, refuse collection points and playgrounds.

(b)

Where any mobile home park abuts any residential district, a screening area ten feet in height shall be required. Screening may consist of trees and shrubs planted and maintained by property owner.

(Code 1988, § 32:9; Ord. of 5-11-1981)

(a)

All streets within a mobile home park shall have streetlights spaced approximately 150 feet apart.

(b)

Street lighting shall be installed and maintained by owner.

(Code 1988, § 32:10; Ord. of 5-11-1981)

All mobile home parking, regardless of location, shall comply with the public health codes of the state and the state fire marshal code.

(Code 1988, § 32:11; Ord. of 5-11-1981)

Dirt pit means a hole, shaft or cavity in the ground created or expanded with the intent to mine dirt or clay from the site for transport off of the site.

Pond means an artificially created confined body of water.

Residential house means a structure or dwelling providing living accommodations for one or more persons.

(Ord. No. 12-33, § 1, 7-24-2012)

(a)

All dirt pits and/or ponds sought to be constructed within the parish shall be required to submit an application to the parish permit office and pay the fee set for this permit by the parish council in section 113-610. No new excavation shall begin until a permit is issued.

(b)

The permit application required by this article shall require the following information, to-wit:

(1)

The landowner of landowners' full names, physical and mailing addresses and telephone number.

(2)

The property description for the location of the dirt pit and/or pond.

(3)

The official name or designation of the roadway providing access to the site of the dirt pit and/or pond.

(4)

The anticipated size of the dirt pit and/or pond including both its anticipated depth and surface area.

(5)

The anticipated starting date for operations and the anticipated completion date for operations at the site.

(6)

The contractor/miner/excavator's complete name. If the contractor/miner/excavator is a partnership, corporation or limited liability company, there shall be included with the application the names of each owner, stockholder, partner and/or member except in the case of publicly traded stock corporations. Along with each name, there shall also be included the contractor, miner, excavator and in the case of a partnership, corporation or limited liability company, the owner, stockholder, partner and/or member's physical and mailing address and telephone number.

(c)

A permit shall not be issued until verification that the proposed scope of work complies with all applicable local laws including, but not limited to, chapter 109 - Natural Resource and Environmental Preservation and Protection and chapter 115 - Stormwater Management. Further, issuance of a permit under this article shall not preclude the applicant from obtaining permits from all applicable federal and state agencies.

(Ord. No. 12-33, § 1, 7-24-2012; Ord. No. 19-54, § VI, 12-10-2019)

The original permit or a copy thereof must be posted by the applicant at the entrance site of the dirt pit and/or pond where the applicant accesses the site from a public roadway.

(Ord. No. 12-33, § 1, 7-24-2012)

(a)

The dirt pit and/or pond's landowners and the contractor/miner/excavator shall be jointly, severally and in solido, responsible for obtaining and constructing access onto a public roadway. If the public roadway is surfaced, there must be an apron connecting the applicant's private roadway to the public roadway constructed in a manner that will prevent damage to the roadway. Any damages to the public roadway at this entrance shall be paid for by the landowner and/or the contractor/miner/excavator, jointly and severally.

(b)

The contractor/miner/excavator shall be responsible to make sure operations at the dirt pit/pond construction do not impact road safety and to remove any dirt or clay that is spilled or tracked onto the public roadway.

(Ord. No. 12-33, § 1, 7-24-2012)

If at any time there is a change in ownership as to the landowner and/or the contractor/miner/excavator, the current owner shall notify new owner of this article.

(Ord. No. 12-33, § 1, 7-24-2012)

As a condition of the granting of a permit to undertake dirt pit/pond operations, the applicant and the landowner shall grant to the parish government's inspectors and/or compliance officers complete access to the site for regular inspections, code enforcement, posting violations and issuing stop work orders at all reasonable times.

(Ord. No. 12-33, § 1, 7-24-2012)

In the event that the permit holder/holders fail to comply with the requirements of this article, the parish government, in addition to any other remedies provided for herein or by other general law, shall be entitled to "stop all work" at the site and suspend the dirt pit/pond operations permit.

(Ord. No. 12-33, § 1, 7-24-2012)

(a)

Requirements for ponds or one acre or less in area on a single-family residential home site. An application shall be submitted and fees paid in order to obtain a permit. The pond must be dug in a manner that will allow for it to hold water. For safety reasons, the edge of the pond shall be sloped at a minimum ratio of 3:1. The edge of the pond can be no closer than 30 feet from a neighboring property line. During construction of the one acre or less size pond, if legitimate complaints arise, the parish government may require watering in order to control dust.

(b)

Requirements for dirt pits and/or ponds more than one acre but no more than five acres in area. An application shall be submitted along with the items set forth herein below in this paragraph before a permit may be issued pursuant to this article. The applicant must present a plan for access to a state highway or to a parish roadway. A water truck may be required to control dust. If the site is constructed with the intention to create a pond, such pond shall be constructed in a manner that will allow it to hold water and at the completion of the job, for safety reasons, the edges of the pond shall be sloped at a minimum ratio of 3:1. The edge of any such dirt pit and/or pond can be no closer than 30 feet from a neighboring property line. Furthermore, to protect neighboring properties from damages to water wells, sewer systems and foundations, no such dirt pit or pond shall be located any closer than 200 feet from a neighboring property owner's existing residential house structure. If at any time the pit becomes abandoned, there shall be no pool of water or pond unless the edges of the pool or pond are sloped at a minimum ratio of 3:1. A permit for this size operation shall be for a one-year term and must be renewed yearly thereafter during the operation. Prior to expanding the site to include excavation of more than five acres, the contractor/miner/excavator must apply for and obtain the permit required by subsection (c) of this section.

(c)

Requirements for dirt pits and/or ponds more than five acres in area. This will be considered as a commercial site and as such, the permit application must be reviewed and recommended for approval by the permit office, reviewed and recommended for approval by the parish director of public works, reviewed and recommended for approval by the parish utilities board and then and only then be submitted to the parish council for final approval of the permit, by resolution and which approval shall not be unreasonably withheld. Prior to placing this permit application on the parish council agenda, the applicant shall first have written approval from the parish director of public works and the approval of the parish utilities board. Once a permit is issued, the following requirements must be upheld. A water truck must be maintained on the site and must be used daily to control dust except in the event of substantial periods of rain. If the site is constructed with the intention to create a pond, at completion of the job, such pond shall be constructed in a manner that will allow it to hold water and for safety reasons, the edges of the pond shall be sloped at a minimum ratio of 3:1. At all times, the edges of any such dirt pit and/or pond can be no closer than 30 feet from a neighboring property line. Furthermore, to protect neighboring properties from damages to water wells, sewer systems and foundations, no such dirt pit or pond shall be located any closer than 200 feet from a neighboring property owner's existing residential house structure. If any time the pit becomes abandoned, there shall be no pool of water or pond unless the edges of the pool or pond are sloped at a minimum ration or 3:1. A permit for this size operation shall be for a one-year term and must be renewed yearly thereafter during the operation of the dirt pit. In addition to the other requirements for a permit, the applicant shall also submit along with the permit application the following, to-wit:

(1)

Site plan that includes the legal description and survey of the entire property;

(2)

A diagram of the proposed dirt pit or pond at completion;

(3)

Approval from the parish director of public works;

(4)

A letter of approval from the parish utilities department;

(5)

A resolution of the parish council granting the permit;

(6)

Certification from the parish planning and zoning director that said property is zoned either Rural or I-1, I-2 or I-3.

(Ord. No. 12-33, § 1, 7-24-2012)

Dirt pits that are currently lawfully operating, meaning dirt has been removed from the site for commercial purposes, as of the effective date of this chapter, will be exempt from all requirements of this article, excepting that these existing sites shall be required to submit an application to the permit office and receive an exempt permit. This exempt permit shall be kept on site. The application shall contain the following information: Name of landowner, mailing address and phone number, name and phone number of contractor/excavator, location of pit (access road), total acreage of site (total on deed, even if plans do not include the use of all acreage), and total anticipated size of pit. This information will be for permit office use only, but will be available to the public as required by law.

(Ord. No. 12-33, § 1, 7-24-2012)

See section 14-113(g).

(Ord. No. 12-33, § 1, 7-24-2012)

(a)

Any person who violates the provisions of this chapter, as set forth hereinabove, shall be guilty of a misdemeanor criminal offense punishable as provided in this Code.

(b)

Each day that a violation of this chapter exists shall constitute a separate offense.

(Ord. No. 12-33, § 1, 7-24-2012)

(a)

The provisions of this chapter shall not apply to a residential subdivision development when said development is duly approved through the subdivision process provided for in this Code and where said ponds or retention areas are included in the approved subdivision and stormwater management plans.

(b)

The provisions of this chapter shall not apply to any existing golf course facilities or industrial plan sites duly permitted through the state permitting process, or batture properties located within the Mississippi River levee system.

(c)

The provisions of this division shall not apply to ponds under one acre in size on a development site which requires the submission of a post-development stormwater management plan, as per chapter 115 - Stormwater Management.

(Ord. No. 12-33, § 1, 7-24-2012; Ord. No. 19-54, § VI, 12-10-2019)

Mobile vendors including mobile food trucks, providing retail sales or services, are permitted under the following conditions:

(1)

Site and location.

a.

Location. Mobile vendors shall only be permitted on private property in the following zoning districts as follows:

1.

Commercial District One [C-1],

2.

Commercial District Two [C-2],

3.

Commercial District Three [C-3],

4.

Industrial District One [I-1],

5.

Industrial District Two [I-2],

6.

Industrial District Three [I-3].

In addition to the above zoning district requirement, mobile vendors may only operate in each of the following corridors:

1.

River Road Historic District - The Historic Towns of Edgard, Lucy, and Wallace,

2.

Garyville Historic District,

3.

Reserve Historic District,

4.

LaPlace Historic District,

5.

Major Corridor Overlay District [MCOD].

b.

Parking. If the mobile vendor is located on a site with an existing parking lot, no additional parking spaces are required to accommodate the mobile vendor. If the mobile vendor is located on a site without an existing parking lot, three parking spaces must be provided in accordance with chapter 113, section 113-681 of the St. John the Baptist Parish Code of Ordinances.

c.

Setbacks. The area requirements of the zoning district shall not apply to mobile vendors, however any setbacks required by applicable building codes, health, or fire codes will apply to mobile vendors.

d.

Hours of operation. Permitted hours of operation for mobile vendors are 7:00 am to 8:00 pm.

e.

Signage. A mobile vending unit may have signage attached to the exterior of the vehicle, however such signage must be painted or mounted flat against the vehicle with a maximum projection of six inches and such signage must not exceed beyond the surface area of the vehicle. A sign permit is not required for signage attached to a mobile vending unit. Any detached signage on the site must be in compliance with chapter 113, article VI. - Signs of the St. John the Baptist Parish Code of Ordinances.

f.

Trash and debris. Mobile vendors are responsible for cleaning all refuse and debris on-site and within a 50-foot radius of the vending unit within four hours of the cease of daily operations.

g.

Permission. If the mobile vendor is not the owner of the site on which the mobile vending unit is placed, written permission from the property owner is required to be submitted to the planning and zoning department as part of the zoning compliance review for the occupational license.

(2)

Vehicle.

a.

Mobile vendors must be fully licensed and ready for highway use in the United States; further, a mobile vendor may not operate from a standard passenger vehicle. Any driver of a mobile vending unit must possess a valid driver's license issued in the United States.

b.

The operations of a mobile vendor must take place fully enclosed within the vehicle or trailer, with the exception of a service window. No wares may be displayed outside of the mobile vending unit. All trailers approved as mobile vendors must be fully enclosed.

(3)

Operation.

a.

Generally.

1.

All mobile vendors shall comply with all other applicable conditions and requirements imposed by law, including parish and state health laws and regulations.

2.

Sale of alcoholic beverages from any mobile vendor is prohibited.

3.

No mobile vendor shall operate any horn, sound amplification system, or other sound-producing device or music system that can be heard outside the mobile vending unit when such unit is being operated.

4.

It shall be unlawful for any mobile vendor to operate in any manner that impedes the flow of vehicular or pedestrian traffic on any public right-of-way. No mobile vendor shall operate a mobile vending unit in any manner that impedes the ingress or egress of a building or structure during its operating hours.

5.

It shall be unlawful for any mobile vendor to operate a mobile vending unit that is in a defective, unsafe, or unsanitary condition in violation of any applicable law or regulation.

b.

Mobile vendors serving food (i.e. food trucks). All mobile vendors which serve food shall provide a trash receptacle within three feet of the front or back of the mobile vendor, which shall be large enough to contain all refuse generated by operation. It shall be unlawful for any mobile vendor operator which serves food to leave any site without first picking up, removing, and properly disposing of all trash or refuse remaining at a location. No mobile vendor operator shall place trash receptacles or other obstructions on any portion of the public street, sidewalk or right-of-way.

(4)

Occupational license required. An occupational license must be obtained prior to the operation of any mobile vending unit. A separate approval from the planning and zoning department must be issued for each site where a mobile vending unit will operate.

(5)

Enforcement. Any violation of any applicable provision or criteria included in this division may be grounds for revocation of parish approval for the mobile vendor, and shall constitute a violation of this Code.

(Ord. No. 19-53, § II, 12-10-2019)