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Sulphur City Zoning Code

ARTICLE IV

- DISTRICTS ESTABLISHED

Section 1. - Land use districts established.

In order to carry out the goals and objectives of the policies in Article I hereof the purposes of this section, the following districts are hereby created:

(a)

Residential.

(b)

Mixed residential.

(c)

Mobile Home.

(d)

Business (B).

(e)

Commercial district.

(f)

Industrial.

(g)

I-10 North Frontage Road Overlay.

(Ord. No. 761, 2-12-07; Ord. No. 1653, 11-12-19)

Section 2. - Official land use map.

(1)

Purpose. The purpose of the Official Land Use Map is to set forth the boundaries of the land use districts established in Section 1 above as they may be applied from time to time to all land within the corporate limits of the city.

(2)

Maintenance of Map. The originals of the land use map shall be signed by the Mayor and retained in the offices of Public Works or his designee. Copies of the land use map shall be maintained by the Administrative Official and kept up-to-date by posting thereon all changes and subsequent amendments.

(3)

Inclusion of Maps in Ordinance. Copies of the land use map shall be included as Appendix A to this ordinance. The applicable district regulations, regulations of general applicability, and the provisions of the text of this ordinance shall apply to lots or parcels located within districts created by this ordinance, the boundaries of which districts are set forth on the land use map of the City of Sulphur.

Section 1. - Permitted uses.

No structure or land in the City of Sulphur shall hereafter be constructed, built, moved, remodeled, reconstructed, used or occupied except in accordance with the requirements of the land use district in which the structure or land is located as a nonconformity under the provisions of Article IV, Part 3, Sections 1—5 and the regulations of general applicability of Article I, Section 3 of this ordinance.

Section 2. - Development standards.

(1)

General. All development shall meet or exceed the standards as specified in the specific land use district in which the structure or use is located.

(2)

Prohibited Uses. No shipping container, tent, travel trailer, motor home, portable buildings, or any other similar use shall be used as a dwelling.

(a)

Exception. For the purpose of this article, portable buildings shall mean any prefabricated buildings except manufactured/modular home units.

(3)

Corner Clip. With the exception of existing nonconforming structures, no structure, parking lot or landscaping, other than mowed grass and traffic and street signs, shall be erected, placed or maintained within the triangular area formed by the intersecting street rights-of-way and a straight line adjoining the right-of-way lines at a point set forth as twenty-five (25) feet from the point of intersecting rights-of-way.

(4)

Curb Cuts. No structure shall be constructed or established on any parcel, built, moved, remodeled, reconstructed, occupied or used on any parcel of land unless access from the parcel to public roadways complies with the following standards:

(a)

No curb cut shall exceed thirty (30) feet in width for residential driveways and thirty-five (35) feet in width for commercial driveways.

(b)

Radii or flare of driveways shall be a minimum of three (3) feet and a maximum of fifteen (15) feet.

(c)

Each curb cut serving a land use shall be spaced a minimum of twenty (20) feet apart.

(5)

Calculation of Permitted Density. In calculating the amount of development permitted on a parcel of land, density or intensity shall be based on the net area of any parcel, excluding installed on site improvements, such as roads, provided however, that the gross area of any parcel of land shall be utilized for the calculation of permitted density or intensity in the event that on-site improvements have not been installed at the time the application for development approval is filed.

(6)

Required Front Yard for Developed Areas.

(a)

Notwithstanding any provision in this ordinance regarding required front yards, if fifty (50) percent or more of the structures fronting on the block face are already improved with buildings with less than the required front yard for the applicable district, the required front yard shall be consistent with the predominant setbacks in the area.

(b)

The front yard of a corner lot may be designated by the landowner in his application for development approval. In making such designation, consideration shall be given to the predominant front yards in the immediate vicinity. The minimum required yard on any other side of a corner lot which adjoins a public street shall be one-half (½) of the minimum front yard required for the use proposed to be located on the lot.

(7)

Minimum Building Setback. Notwithstanding any other provision of this ordinance, no building or portion thereof shall hereafter be constructed, moved, reconstructed, or enlarged within a distance of eight (8) feet from the edge of pavement or roadway of any public street or highway.

(8)

Activities Limited to Authorized Structures. Except as otherwise permitted for an approved temporary use, no equipment or device which is designed for use primarily as a conveyance or for the transportation of persons or moveable property, shall be placed on any parcel of land for the purpose of providing shelter or enclosure for the storage or sale of goods, the conduct of services, the housing of persons, or any other activity normally conducted within a building or structure.

(9)

Building Materials.

(a)

Business and Commercial Districts. Exterior veneer finishes on primary street front of buildings shall include:

Approved non-metal finishes shall be brick, stone, architectural block, fiber cement siding (such as "hardie board"), stucco, wood or glass.

Exclusions for non-metal finishes include, but not limited to, vinyl siding.

Approved metal finishes shall be architectural metal panels with concealed fasteners set in multi-directional positions. Exposed fastener panels are to be of architectural design, which can include multi-directional panels.

Exclusions for metal finishes include standard metal panels with exposed fasteners of the R-panel and M-panel type.

(b)

Residential and Mixed Residential Districts. Exterior veneer finishes on dwellings shall include:

Approved finishes shall be brick, stone, architectural block, fiber cement siding (such as "hardie board"), stucco, wood, vinyl siding and metal (metal to be on sides and back of dwelling only).

Exclusion shall be no metal on front exterior of dwelling. Front of dwelling shall be of one (1) of the approved non-metal finishes.

(10)

Minimum Square Footage of Dwellings. No dwelling shall hereafter be occupied, and no structure of any nature be used as a dwelling if the total floor area is less than the following:

(a)

Residential District: One thousand (1,000) square feet.

1.

Exception. Accessory Dwelling Unit: Six hundred (600) square feet.

(b)

Mixed Residential District: Six hundred (600) square feet.

(c)

Business District (permitted by Exception): Six hundred (600) square feet.

(Ord. No. 1029, 3-14-11; Ord. No. 1590, 11-13-18; Ord. No. 1639, 7-8-19; Ord. No. 1835, 3-13-23)

Section 3. - Accessory uses.

(1)

Authorization. Accessory uses are permitted in any land use district in connection with any principal use lawfully existing within such district provided that all development regulations are met.

(2)

Development Standards.

(a)

All detached accessory structures and uses in any residential district, other than fences, shall be located in the rear or side yard of the residential unit;

(b)

Except within the determined sight triangle described in section 21-6 or corner clip as described in article IV, part 2, subsection 2(2), fences may be located at any point on the lot;

(c)

No accessory structure or use in a residential district shall occupy more than thirty-five (35) percent of the total floor area of all structures on the entire lot. Provide information by professional of record.

(d)

No accessory structure or use shall exceed the height of the principal structure to which it is accessory. Except motor home covers not to exceed seventeen (17) feet.

(Ord. No. 1030, 3-14-11)

Section 4. - Nonconformities.

(1)

Purpose. The purpose of this section is to regulate the continued existence of uses, lots, and structures lawfully established prior to the effective date of this ordinance and which have not obtained special exception status under the provisions of Article III, Part 2, Section 4. Nonconforming uses, structures and lots of record may continue in accordance with the provisions of this Section.

(2)

Nonconforming Uses and Structures.

(a)

Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming uses or structures may be performed.

(b)

Extensions. Unless a special exception is granted under the provisions of Article III, Part 2, Section 4 nonconforming uses or structures shall not be extended. This prohibition shall be construed so as to prevent the enlargement of nonconforming uses by external additions to the structure in which the nonconforming uses are located or by the occupancy of additional land.

(c)

Relocation. A structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the district into which it is moved.

(d)

Change in Use. A nonconforming use or structure shall not be changed to any other use unless such use conforms to the provisions of the district in which it sets, provided however, that a nonconforming use may be changed to another nonconforming use if it is permitted in a more restrictive classification or a special exception be granted by the Planning Commission.

(e)

Termination.

(1)

Damage or Destruction. Unless a special exception is granted under the provisions of Article III, Part 2, Section 4, if a structure housing a nonconforming use is damaged or destroyed by fifty (50) percent of price per sq. ft. at time of construction of building code.

(3)

Nonconforming Lots of Record. Notwithstanding any other provision of this ordinance any lot of record may be developed with a single family dwelling, provided that such a lot was not in common ownership with an adjoining lot of record at the time the nonconformity was created.

(4)

Nonconforming Accessory Uses and Structures. No nonconforming accessory use or structure shall continue after the principal structure or use shall have ceased or terminated unless such structure or use shall thereafter conform to the provisions of the district in which it is located.

Section 5. - Temporary uses.

(1)

Authority. Temporary uses are permitted in any land use district, subject to the standards hereinafter established, provided that all temporary uses shall meet the bulk regulations and parking requirements for the land use district in which the use is located and provided that no temporary use shall be permitted to continue for such a length of time that it constitutes in effect a permanent use.

(2)

Particular Temporary Uses Permitted. Permitted uses include:

(a)

Garage sales.

(b)

Indoor and outdoor art and craft show, exhibits and sales.

(c)

Contractor's office and equipment sheds which shall be limited to the actual period of construction and to be terminated thirty (30) days after completion of construction.

(d)

Sales of Christmas trees or other seasonal goods provided that such sales are located on property with direct access to collector or arterial.

(e)

Religious revival tents.

(f)

Truck trailers used for the temporary storage of goods or equipment in connection with general retail sales and service, not to exceed thirty (30) days.

(g)

A temporary use permit shall be required, and may be issued, for the placement of a portable on demand storage unit or POD for temporary use. PODs shall comply with the following:

(1)

The POD does not obstruct any public right-of-way or site triangle and is not within the side or rear set-back limits that would be applicable to structures.

(2)

The POD is removed within six (6) months of placement. The chief building official may grant additional time if needed due to hardship or natural disaster. No PODs may be used on a site if two (2) other POD placements previously occurred in the prior twelve (12) months.

(3)

If a building permit has been issued for construction or remodeling, the POD must be removed within ten (10) days of final building inspection.

(4)

No hazardous or flammable materials may be stored in container.

(5)

Containers must have fully operational locks and remain locked when unsupervised.

(6)

The name and telephone number of the POD's supplier shall be on the exterior of the POD, but any other advertising is prohibited on container.

(7)

All PODs shall be maintained in good condition and repair

(8)

Exemptions: Properties located within business, commercial, or industrial districts are exempt from the provisions of this paragraph, and no temporary storage use permit shall be required for a POD on a property within those land use districts.

(3)

Temporary Placement of Recreational Vehicle for Occupancy for a Related Family Member Due to Natural Disaster.

(a)

When a natural disaster occurs, a recreational vehicle may be placed either on a residential, mixed residential or industrial lot. Situations in other districts will be considered on a case by case basis to be determined by the land use administrator and mayor.

(b)

Prior to the placement of a recreational vehicle in districts as stated above, the land use administrator, chief building official/ordinance enforcement director and city council clerk shall review all requirements, as established by administration, as to whether the recreational vehicle will be allowed. In the absence of either the land use administrator, chief building official/ordinance enforcement director or city council clerk, the mayor shall be authorized to sign as a third signature.

(c)

The temporary placement of a recreational vehicle shall not exceed a six-month period from the date the recreational vehicle is placed on property, unless voted on by the land use commission and city council.

(d)

Any applicant aggrieved by the decision of the land use administrator, chief building official/ordinance enforcement director and city council clerk, may be placed on the next available land use and city council agenda.

(e)

The enforcement of the temporary placement of recreational vehicle for occupancy for a related family member due to natural disaster shall be the duty of the land use administrator and the chief building official/ordinance enforcement director.

(f)

Any person violating this subsection shall be punished by a one hundred dollar ($100.00) fine each day the violation occurs.

(Ord. No. 789, 6-11-07; Ord. No. 1502, 10-10-17; Ord. No. 1689, 9-15-20; Ord. No. 1769, 3-14-22)

Section 6. - Home business/occupations.

(1)

Authority. Home occupations shall be permitted in any residential dwelling unit provided that the home occupation complies with the lot size, bulk regulations and parking requirements of the land use district in which the home occupation is located.

(2)

Purpose. The regulations of this Section are designed to protect and maintain the residential character of established neighborhoods while recognizing that particular professional and limited business activities are traditionally carried on in the home and are compatible with the long term of integrity of a residential neighborhood.

(3)

Particular Home Occupations Permitted. Permitted home occupations are:

(a)

Homebound employment of a physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of his disability;

(b)

Office facilities for salesmen, sales representatives, or authorized agents of firms or companies;

(c)

Studio or office of an artist, musician, photographer, craftsman, writer, tailor, seamstress, accountant, architect, beautician, broker, doctor, engineer, lawyer, insurance agent, realtor or member of similar profession or similar person provided that the existence of the home occupation will not increase the number of average daily automobile trips generated by the residence in which the home occupation is located;

(d)

Outdoor activities which have no discernable off-site impact and are conducted in a backyard and are totally enclosed within an accessory building, wall or fence and are clearly subordinate to the principal structure.

(4)

Home Occupations Permitted as Exceptions by Land Use Commission and City Council.

(a)

Recreational instruction, day care facilities and fine arts and crafts instruction, provided:

(1)

Applicant must obtain all applicable permits and licenses required by state regulatory agencies.

(2)

Hours of operation, except for day care, shall be limited to 9:00 a.m.—4:30 p.m., Monday through Friday.

(3)

All parking shall be off-street parking, on a paved driveway.

(4)

The home occupation shall be conducted entirely within the enclosed principal structure or within a surrounding wall or fence.

(5)

Outdoor storage of equipment or material is limited to that normally supporting a residential outdoor activity being conducted on the premises.

(6)

For day care facilities, no more than six (6) children are on the premises at any time, not including those related to the caregiver.

(7)

All use limitations in (5) "Use Limitations", below, not modified in this section, (4)(a), shall be met.

(b)

The procedure for Permitted as Exceptions by Land Use Commission and City Council shall be in accordance with Article III, Part 2, Section 1.

(5)

Use Limitations. In addition to the requirements of the land use district in which it is located, all home/business occupations shall comply with the following restrictions subject to the exceptions set forth in Subsection 6(4).

(a)

The home occupation shall be conducted entirely within the enclosed principal structure, and shall not be visible from any residential structure or a public way;

(b)

The home occupation shall not occupy more than ten (10) percent of the floor area of the dwelling unit;

(c)

There shall be no outdoor storage of equipment or materials used in the home occupation;

(d)

No mechanical, electrical, or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall used;

(e)

No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions;

(f)

No more than one (1) employee shall be permitted other than a resident of the dwelling;

(g)

No sign shall advertise the presence or conduct of the home occupation, other than a nonilluminated name plate, which does not exceed two (2) square feet in size.

(h)

The home occupation will not increase the number of average daily automobile trips generated by the residence in which the home occupation if located.

(i)

All business activities conducted upon the premises are conducted within the dwelling by a member or members of the immediate family by blood or marriage residing in the dwelling and such business activities are incidental and secondary to the use of the dwelling for dwelling purposes. The dwelling used for the home occupation must be the principal residence of the resident conducting the home occupation, evidenced by voter registration or driver's license registration at that location.

(j)

No commercial vehicle exceeding one and one-half (1½) tons rating shall be parked upon any residentially zoned lot or parcel except while in the process of making a pickup or delivery. Not more than one (1) commercial vehicle associated with the home occupation (a vehicle registered in the name of a business or used in the conduct of a business) may be parked upon a residentially zoned lot or parcel. This restriction shall not apply to automobiles, in which case the limit shall be two (2).

(Ord. No. 589, 5-10-04; Ord. No. 894, 11-10-08; Ord. No. 1019, 1-10-10)

Section 7. - Off street parking requirements.

(1)

Purpose. This Section is intended to establish standards for the provision of off street parking in order to reduce congestion in the public streets and promote the public safety and welfare by ensuring the availability of adequate off-street parking facilities in the City of Sulphur and to allow for progressive movement, ingress and egress, in a forward motion.

(2)

Number of Required Spaces. Off-street parking spaces shall be provided for each use in accordance with the following requirements:

Residential dwellings 2 spaces/unit
Elementary and junior high schools 2 spaces/class room
High schools, colleges, universities, and trade schools 1 space/every 200 s.f.
Preschool educational facilities or child care centers 1 space/every 200 s.f.
Churches 1 space/every 5 seats
Public uses 1 space/every 500 s.f.
General commercial 1 space/every 300 s.f. (not including storage space)
Recreational facilities 1 space/every 300 s.f.
Institutional uses 1 space/3 beds plus 1 space/300 s.f. of office floor area or 1 space/120 s.f. if no medical facility is involved
Shopping centers:
 25,000—400,000 s.f. GLA 4 spaces/ 1000 s.f. (not including storage space)
 400,000—600,000 s.f. GLA 4.5 spaces/1000 s.f.
 600,000 s.f. GLA + more 5 spaces/1000 s.f.
Business and professional offices 1 space/300 s.f.
Restaurants, entertainment, bars & gaming establishments 1 space/200 s.f.
General retail sales and service establishments 1 space/300 s.f.
Hotel or motels 1 space/room
Industrial uses incl. wholesale and warehouse uses up to 10,000 s.f. GFA 1 space/400 s.f. GFA
more than 10,000 s.f. GFA 25 spaces plus ⅓ employees

 

(3)

Location of Required Parking Spaces. Required parking spaces shall be located as follows:

(a)

Single family detached and up to twenty (20) multi-family dwelling units: on same lot;

(b)

All other uses: on the same lot or, subject to subsection (c), on a lot up to five hundred (500) feet from the principal building or use unless a special exception is granted under the provisions of Article III, Part 2, Section 4;

(c)

If the parking spaces are to be located on a lot other than the same lot of the principal building or use, a legal instrument assuring the continued availability of those required parking spaces shall be approved by the City Attorney and recorded prior to issuance of development approval;

(d)

A parking area shall be constructed no closer than five (5) feet from any public right-of-way and no less than two and one-half (2½) feet from any adjacent property. Access drives between adjacent parking lots will be allowed.

(4)

Design of Required Parking Spaces.

(a)

Except as provided in subsection (b), each required parking space shall have minimum dimensions of 9.5′ × 18' with a 24' wide aisle for ninety (90) degree parking.

(b)

A bumper rail or wheel barrier shall be installed so that no part of parked automobiles can extend into the public right-of-way. A minimum of three (3) feet shall be provided from the property line to the wheelguard.

(c)

All required parking shall be an improved surface of concrete or asphalt except single family residences and mobile homes or manufactured housing on individually owned lots.

(5)

Reserved.

(Ord. No. 561, 1-12-04; Ord. No. 895, 11-10-08)

Section 8. - Bufferyards.

Whenever an existing residential use is bounded by a less restricted use, the proposed use will install a six (6) foot tall buffer constructed of wood or brick masonry. Furthermore, a twenty (20) foot buffer width will also be maintained that will be void of any parking apron, construction, accessory use, etc. The bufferyard is to remain free, clear and open of any obstruction. When any existing residential use abuts an industrial district or use, the proposed use in the industrial district will provide a minimum of twenty-five (25) feet in width between itself and the said residential use.

(Ord. No. 1403, 8-8-16)

Section 9. - Signs.

(1)

Purpose. To ensure that signage in the City of Sulphur does not constitute a visual blight on the landscape and character of the city and further poses no hazard to vehicular or pedestrian traffic.

(2)

General Prohibition. No person shall develop, install, locate, construct or cause any sign to be put in any district in the City of Sulphur except as expressly authorized in this section and in conformance with all other codes and ordinances of the City of Sulphur.

(3)

Regulations of General Applicability.

(a)

Location of Signs.

(1)

No portion of any sign shall be located within the sight triangle described in section 21-5 at roadway intersections;

(2)

All signs and sign structures shall be located a minimum of five (5) feet from the front property line and/or right-of-way line of any public street or highway; all signage shall remain free and clear and shall not project into any public right-of-way or interfere with overhead transmission lines;

(3)

Facade signage in addition to freestanding signs, facade signage shall be considered separate and will not be considered in the accumulated signage allowable in any district. Notwithstanding this provision, any sign mounted or integrated into the facade of the building shall not extend beyond such building and shall not exceed more than fifty (50) percent of the total front facade of the building.

(b)

Maximum Height of Signs. No portion of any sign or sign structure shall exceed the following maximum heights:

(1)

The height of any sign structure shall be measured from grade elevation to the tallest portion of the sign.

(a)

Facade signs shall not extend above the top of such facade;

(b)

Freestanding signs shall not exceed a height of thirty-five (35) feet;

(c)

Exceptions.

(1)

Within interstate roadway corridors as defined in article IV, part 2, section 8 of this appendix; in interstate corridors, the height limit for all signs may be sixty (60) feet above grade.

(2)

On-premises signs placed in the following roadway corridors shall not exceed a height of fifty (50) feet.

(a)

Beglis Parkway;

(b)

Cities Service Hwy;

(c)

Ruth St.

(d)

Illumination of all signs. Lumens must be reduced automatically by seventy-five (75) percent from dusk to dawn.

(4)

Permitted On-Premises Signs.

(a)

Residential Districts. No commercial on or off-site advertising sign shall be allowed in a residential or mixed residential district with the exception of a two (2) square foot sign, non-digital in conjunction with a home occupation as allowed by article IV, part 2, section 6 of this appendix.

(b)

Mixed Residential Districts. One (1) freestanding sign structure or building mounted sign per non-residential use with no more than nine (9) square feet of total sign face area visible from any single point of view.

(c)

Business/Industrial Districts. Subject to the provision of paragraphs 1, 2, and 3 below the total amount of sign face area visible from any single point of view or per sign face shall not exceed average of the following:

(1)

One (1) square foot per two hundred (200) square foot of land area; or

(2)

One (1) square foot per fifty (50) square foot of gross floor area; or

(3)

One (1) square foot per two (2) linear feet of street frontage.

(5)

Number of Signs Allowed. Not more than one (1) freestanding sign structure shall be located on any single parcel of land, except those parcels having more than one (1) frontage on arterial, collector roadways, or interstate highways. In such cases there shall be one (1) freestanding sign permitted per street frontage.

(6)

Increase Signage. Signage permitted under this subsection may be increased by a maximum of twenty-five (25) percent if the sign is:

(a)

Landscaped or installed on a wood, stone or other base structure;

(b)

Constructed of natural or natural appearing materials;

(c)

Integrated or otherwise visually related to a building and is composed of materials compatible with and similar to the materials of the building;

(d)

The sign is landscaped or architecturally treated.

(7)

Permitted Portable/Temporary Signs. Portable/temporary, changeable copy signs shall be permitted in any non-residential land use classification within the City of Sulphur on a temporary basis under the following conditions:

(a)

The sign is non-illuminated and non-flashing;

(b)

The sign is temporary in nature not to exceed a period of sixty (60) days renewable once annually;

(c)

The sign placement adheres to all setback requirements and imposes no hazard to vehicular or pedestrian safety and further provides no deterrent to health, safety and welfare of the general citizenry;

(d)

Officially authorized by City of Sulphur Permit office;

(e)

The sign is out of any sight triangle described section 21-5 at roadway intersections;

(f)

The sign is securely fastened to the ground to avoid the sign from being easily removed, overturned or relocated.

(8)

Permitted Off-Premises Signs.

(a)

All off-premises advertising signs shall be placed in the following roadway corridors and shall be subject to paragraph (b) below.

(1)

Hwy. 90;

(2)

Beglis Parkway;

(3)

Cities Service Hwy;

(4)

Hwy. 1256.

(b)

Off-premises advertising signs shall not be placed on residential parcels.

(c)

Roadway Corridor. No off-premises sign shall be located outside a designated roadway corridor. For the purpose of this section, a roadway corridor shall be an area parallel to and lying on either side of the center line of a roadway as follows:

(1)

Major Arterial (on each side) .....200 feet.

(2)

Interstate (on each side) .....1,000 feet and applicable to any federal and state laws.

(9)

Exemptions. All city and/or state regulatory signs and devices, including, but not limited to, traffic lights, stop signs, yield signs, and any and all traffic regulatory signs are exempt from this article.

(10)

Spacing. At intersecting roadway corridors the minimum distance between any off-site sign shall be no closer than five hundred (500) feet in any direction provided that such signs are not visible from one (1) another from any one (1) line of view. Notwithstanding this provision no off-premises sign shall be located less than the following minimum distances:

(a)

If the proposed sign is two hundred fifty (250) square feet or less than two hundred (200) feet from any other off-premises sign;

(b)

If the proposed sign is more than two hundred fifty (250) square feet but less than five hundred (500) square feet, five hundred (500) feet from any other off-premises sign;

(c)

If the proposed sign is more than five hundred (500) square feet, seven hundred (700) feet from any other off-premises sign.

(Ord. No. 652, 2-14-05; Ord. No. 1031, 3-14-11; Ord. No. 1032, 3-14-11; Ord. No. 1335, 9-14-15; Ord. No. 1350, 12-28-15; Ord. No. 1860, 6-12-23)

Section 10. - Borrow pits and ponds.

Borrow pits and ponds: The removal of gravel, shell, sand, and/or topsoil materials from a lot or a part thereof to an on-site or off-site location.

(1)

Borrow pits or ponds shall not exceed five (5) acres.

(2)

Borrow pits or ponds shall have a setback minimum of fifty (50) feet from property lines (where applicable a fifty (50) foot front yard setback will be measured from the required right-of-way line as per the major thoroughfare plan). A public hearing is required if the minimum setbacks are not met.

(3)

All borrow pit and pond applications shall be presented to Land Use Commission and City Council for approval.

(4)

The applicant shall meet the following requirements:

(a)

That the extraction and hauling be performed from daylight to dusk only;

(b)

That the extraction is performed in accordance with the borrow-pit and pond application and the site plan on file with the division of planning and development;

(c)

That necessary steps must be taken to maintain dust control and to prevent spillage and tracking from occurring on any public road;

(d)

That no hauling will take place during inclement weather;

(e)

That a local development permit must be obtained prior to hauling;

(f)

That hauling will be subject to any weight limits on any affected city road or bridge;

(g)

That backfilling of any type is prohibited without proper permitting and prior approval of the Land Use Commission and the City Council.

(h)

That the development adheres to stormwater best management practices;

(i)

That an application for and/or compliance with an LPDES stormwater, sand and gravel pit, or discharge permit through the department of environmental quality may be required;

(j)

That a road damage bond may be required as per the recommendation of the Public Works Director.

(k)

That obstructing the flow of surface water is prohibited;

(l)

Borrow pits and ponds shall be developed in accordance with watershed performance standards established herein with additional design criteria established in chapter 24 of this Code; and

(m)

That hauling must be completed within three (3) years.

(Ord. No. 1726, 5-10-21)

Section 1. - Residential district.

(1)

Uses Permissible By Right.

(a)

Single family detached dwelling.

(b)

Residential accessory uses.

(c)

Home occupations.

(d)

Public uses.

(e)

Churches, schools, libraries and museums except businesses and trade schools.

(2)

Development Standards.

(a)

The proportion of lot area covered by buildings shall not exceed a maximum of forty percent (40%) on any parcel within the district.

(b)

No front foot dimension of a lot shall be less than 50 feet.

The total area of a lot shall not be less than 6,000 square feet.

(1)

Exception. No front foot dimension of any lot in a cul-de-sac shall be less than 30 feet and a total area of a lot shall not be less than 10,000 square feet. In a cul-de-sac with a front foot of 50 feet or more the lot shall not be exempt from the requirement of (b) of Article IV, Part 3, Section 1 (2).

(c)

The number of dwelling units on an individual lot is limited as follows:

(1)

No more than one residential use per lot.

(2)

A residential accessory use may be a dwelling unit as long as its use is clearly subservient to the primary structure. For this purpose, "clearly subservient" shall mean:

(a)

Complies with the definition of Accessory Structure or Use.

(b)

If routinely occupied, occupants are members of the same family as the occupants of the principal structure.

(c)

If periodically occupied, the accessory structure shall not be used for business, commercial, profit, income producing or other such similar purposes.

(d)

Its use is comparable to one of the following:

(1)

Recreational (swimming) pool house

(2)

Cabana

(3)

"Mother in law" house

(d)

All development in the Residential District shall conform to the development standards set out in the following table:

Side and rear setbacks to be determined by building codes adopted by city.

Use Density Lot Size (sq. ft.) Front Setback (sq. ft.) Height (ft.)
s/f det 7 du/a 6,000 s.f. 30 35
Churches, Schools, Public Uses 1 acre 50 35
Accessory Uses 30 35
Rec. (low intensity) 50 35
Mfr. Housing and Mobile Homes Not Permitted

 

(Ord. No. 584, 5-10-04; Ord. No. 748, 12-11-06; Ord. No. 812, 10-9-07; Ord. No. 896, 11-10-08; Ord. No. 907, 2-9-09; Ord. No. 1263, 11-10-14)

Section 2. - Mixed residential district.

(1)

Permitted Uses.

(a)

All uses as permitted in Residential Land Use Classifications.

(b)

Multi-Family.

(c)

Day Care.

(d)

Manufactured housing units/mobile home units, provided that:

(1)

All mobile units shall be securely fastened, anchored or tied down with a minimum of four (4) placements at the corner in a suitable fashion consistent with normally acceptable standards in mobile home industry.

(2)

All mobile home units shall provide for two (2) parking spaces per unit off street.

(2)

Permitted as Exceptions by Land Use Commission and City Council.

(a)

Agriculture Use, small scale provided that:

(1)

There shall be no outdoor storage of machinery, equipment, supplies or materials.

(2)

There shall be no on-site bulk storage of fertilizers, pesticides or herbicides.

(3)

Minimum lot size shall be thirty thousand (30,000) square feet.

(4)

Dumpsters shall be screened on all sides.

(5)

There shall be no production of noxious, offensive or hazardous effects or conditions by reason of vehicular traffic, noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

(6)

Permitted crops shall not be considered to be weeds or noxious growth, as provided for in chapter 12 of the Code of Ordinances, during the conventional growing season, contingent upon continued operation of this use as evidenced in part by all permitting, licensing and utility payments being current.

(7)

Crops shall not be located within twenty (20) feet of the side or rear property line or within twenty-five (25) feet of any property line which coincides with a street right-of-way line.

(b)

Neighborhood Commercial Uses:

(1)

Barbershops

(2)

Beauty Shops

(3)

Drugstores

(4)

Grocery Stores (small scale)

(5)

Laundromats

(6)

Variety Stores

(7)

Service Stations

(8)

Restaurants

(3)

Development Standards.

(a)

The proportion of lot area covered by buildings shall not exceed a maximum of forty (40) percent on any parcel within this district.

(b)

No front foot dimension of a lot shall be less than fifty (50) feet. The total area of a lot shall not be less than six thousand (6,000) square feet.

(1)

Exception. No front foot dimension of any lot in a cul-de-sac shall be less than thirty (30) feet and a total area of a lot shall not be less than ten thousand (10,000) square feet. In a cul-de-sac with a front foot of fifty (50) feet or more the lot shall not be exempt from the requirement of (b) of Article IV, Part 3, Section 2(2).

(c)

All development in the Mixed Residential District shall conform to the development standards set out in the following table:

Side and rear setbacks to be determined by building codes adopted by city.

Use Density Lot Size (sq. ft.) Front Setback (sq. ft.) Height (ft.)
s/f det.
Multi-family
7 du/a
12 du/a
6,000
6,000
30
30
35
35
Churches 1 acre 50 35
Schools,
Public Uses
FAR .35 50 35
Rec. (low intensive) 50 35
Mfg.
Housing
7 du/a 6,000 30 35
Mobile Homes 7 du/a 6,000 30 35
Neighborhood
Commercial
FAR .5 5,000 30 35

 

(Ord. No. 575, 4-12-04; Ord. No. 585, 5-10-04; Ord. No. 749, 12-11-06; Ord. No. 813, 10-9-07; Ord. No. 978, 5-10-10; Ord. No. 987, 6-14-10; Ord. No. 1264, 11-10-14; Ord. No. 1877, 9-11-23)

Section 3. - Mobile home district.

(1)

Purpose. The purpose of a mobile home district is to provide an area suitable for the establishment, placement, location and maintenance of mobile home parks for pre-manufactured housing and/or mobile home units, in a safe, sanitary and suitable environment.

(2)

Permitted Uses. Notwithstanding any other provision in this ordinance, the permitted uses in the mobile home district shall be the following:

(a)

All uses as permitted in mixed residential land use classifications.

(b)

Mobile home parks.

(3)

Minimum Size. A mobile home park shall provide for at least twelve (12 unit spaces in the park and shall be located on a parcel of land at least two (2) acres in size. Any land units that are under a single ownership or can be identified under a single entry shall be considered a parcel.

(4)

Development Standards. Notwithstanding any special provision of this ordinance all mobile home developments and mobile home parks will assure the adequacy of water, sewer, drainage and other service accommodations and necessary municipal infrastructure. In addition, the installation of mobile units or pre-manufactured structures shall comply in all respects with applicable federal, state and local regulations.

Development Standards:

1.

The density of a mobile home park shall not exceed 9 units per acre.

2.

Mobile home parks shall be accessed by improved roadway corridors as per City specifications.

3.

No front foot dimension of a lot shall be less than 50 feet. The total area of a lot shall not be less than 6,000 square feet.

(a)

Exception. No front foot dimension of any lot in a cul-de-sac shall be less than 30 feet and a total area of a lot shall not be less than 10,000 square feet. In a cul-de-sac with a front foot of 50 feet or more the lot shall not be exempt from the requirement of Article IV, Part 3, Section 3(4)3.

4.

All mobile units shall be securely fastened, anchored or tied down in a suitable fashion consistent with normally acceptable standards in mobile home industry.

5.

All mobile home parks shall have a common recreational area provided in a single parcel at a ratio of 300 sq. ft. per unit. This area is to be retained for common area for playground, recreation, open space and other greenery and/or vegetation retention.

6.

All mobile home parks shall provide for two (2) parking spaces per unit off street. Parking spaces shall be an improved surface of concrete or asphalt.

7.

Each mobile home park shall provide for a retention area for recreational and accessory vehicles (campers, utility trailers, motor homes, boats, etc.) The retention area shall be a common space provided in a single parcel at a ratio of 150 sq. ft. per unit.

8.

The minimum Street widths in any mobile home park shall be a minimum of 20 ft. improved wearing surface of concrete or asphalt as measured from the outer edge of the roadbed.

9.

When a mobile home park abuts a residential or mixed residential area, the outer periphery of the mobile home park shall provide for a fence at a minimum of 6 ft. high transversing the property line of the trailer park.

10.

Any mobile home park that is visible from a public roadway shall also be buffered or screened with fencing, wood or brick masonry as approved by Land Use Administrator.

11.

All manufactured homes shall be connected with city sewer, water, electrical and/or gas power in accordance with applicable city and/or state ordinance.

12.

The trailer or mobile home shall be situated not less than fifteen (15) feet from any adjoining trailer or mobile home or other occupied structure.

13.

A travel trailer or motor home shall not be used as a primary or rental domicile.

(Ord. No. 616, 8-9-04; Ord. No. 750, 12-11-06; Ord. No. 868, 7-14-08)

Section 4. - Business district (B).

(1)

Purpose: This district is intended to provide an area of general commerce devoted to a healthy economic environment while minimizing impacts on more fragile areas.

(2)

Permitted Uses:

(a)

Day care.

(b)

Churches, schools, libraries and museums.

(c)

General retail sales—Service establishments.

(d)

Offices.

(e)

Financial institutions.

(f)

Restaurants (sit down, drive through and drive in).

(g)

Entertainment. (Establishments whose gross receipts for the sale of alcoholic beverages constitute less than fifty (50) percent of their overall gross receipts).

(h)

Business accessory use.

(3)

Permitted as Exceptions by Land Use Commission and City Council:

(a)

All uses permitted in Residential District, Mixed Residential District and Mobile Home District.

(b)

**All proposed buildings to be constructed greater than 50 feet shall meet International Building Code construction requirements and require Land Use Commission and City Council approval.

(c)

The procedure for Permitted as Exceptions by Land Use Commission and City Council shall be in accordance with Article III, Part 2, Section 1.

(4)

Development Standards:

(a)

No front foot dimension of a lot shall be less than fifty (50) feet. The total area of a lot shall not be less than six thousand (6,000) square feet.

(1)

Exception. No front foot dimension of any lot in a cul-de-sac shall be less than thirty (30) feet and a total area of a lot shall not be less than ten thousand (10,000) square feet. In a cul-de-sac with a front foot of fifty (50) feet or more the lot shall not be exempt from the requirement of (b) of Article IV, Part 3, Section 4 (3).

(b)

All development in the Business District shall conform to the development standards set out in the following table:

Side and rear setbacks to be determined by building codes adopted by city.

Use Density Lot Size (sq. ft.) Front Setback (sq. ft.) Height (ft.)
Single Family 7 du/a 6,000 20 35
Multi-family 18 du/a 6,000 20 50
Retail and Service FAR .5 5,000 20 50
Offices, Restaurant and Entertainment FAR 1 5,000 20 50**
Schools, Churches 10,000 20 50**

 

(Ord. No. 586, 5-10-04; Ord. No. 587, 5-10-04; Ord. No. 760, 2-12-07; Ord. No. 769, 4-9-07; Ord. No. 814, 10-9-07; Ord. No. 904, 2-3-09; Ord. No. 907, 2-9-09; Ord. No. 912, 3-9-09; Ord. No. 1265, 11-10-14; Ord. No. 1289, 4-13-15)

Section 5. - Commercial District (C).

(1)

Purpose: This district is intended to provide an area of commercial activity devoted to a healthy economic development while managing impact on more fragile areas.

(2)

Permitted Uses:

(a)

All uses as permitted in business district classification except single-family detached residence.

(b)

Kennels.

(c)

Hotels and motels.

(d)

Light manufacturing, wholesaling and warehousing.

(e)

Institutions.

(f)

Bars (only on major arterial streets and interstate highways).

(g)

Entertainment (establishment whose gross receipts for the sale of alcoholic beverages constitutes fifty (50) percent or more of their overall gross receipts)(On major arterial streets and interstate highways).

(h)

Park and Rides and Park and Ride Shares.

Definitions. For purposes of this article, the following words shall have the following meanings:

Operator is any individual, property owner, employer or company that operates, runs, controls or otherwise engages in the business of a Park and Ride or Park and Ride Share.

Park and Ride is a designated place where workers park their vehicles and take a bus or other form of transport to a job site or work site not adjacent to the designated parking place. A minimum of 200 parking spaces.

Park and Ride Share is a designated place where workers park their vehicles and car pool, or otherwise share a ride with a designated driver or other workers, to a job site or work site not adjacent to the designated parking place.

Park and Rides and Park and Ride Shares must meet the following criteria:

1.

A Special Permit shall be issued by City of Sulphur Permit. Department for a term not to exceed one year at a fee of $250.00.

2.

Permit applicants shall submit a site plan to the City for review and approval identifying all improvements, access points, parking areas, drainage plan and lighting.

3.

A parking area shall be constructed no closer than five (5) feet from any public right-of-way and no less than two and one-half (2½) feet from any adjacent property. Access drives between adjacent parking lots will be allowed. With the exception of a bumper rail or wheel barrier, each required parking space shall have minimum dimensions of 9.5'x18' with a 24' wide aisle for ninety (90) degree parking. A bumper rail or wheel barrier shall be installed so that no part of parked automobiles can extend into the public right-of-way. A minimum of three (3) feet shall be provided from the property line to the wheel guard.

4.

A minimum 6-foot wooden privacy fence around perimeter of permitted space.

5.

Lighting shall have adequate illumination and plan reviewed and approved by city engineering.

6.

Parking Hours must be submitted and adhered to with reference of peak times of traffic.

7.

Traffic study shall be performed if required by governmental agency having jurisdiction over the access road(s) providing access to any facility.

8.

Traffic control shall be provided during hours of use by sworn off-duty police officers at all points of egress/ingress to prescribed lot.

9.

Ingress/Egress shall be only on the following arterial streets:

a.

Highway 90.

b.

Beglis Parkway/Hwy 27.

c.

Cities Service Hwy/Hwy 108.

d.

Cypress Street.

e.

Maplewood Drive.

f.

Ruth Street/Hwy 1256.

g.

Prater Road.

10.

Route approval to workplace shall be agreed upon by Department of Transportation and Development, Calcasieu Parish Police Jury, as well as City of Sulphur.

11.

If surface of Park and Ride spaces creates an emission of particles in the air (e.g., dust), permit holder must submit for review, a plan to limit said emission so as to not negatively affect surrounding structures/subdivisions.

12.

Upon expiration of the Park and Ride the Permit Holder shall restore the site to pre-development condition or a more pristine state. In the event the property owner desires to retain all or any portion of the improvements, said improvements shall comply with current ordinances of the City of Sulphur. The Permit Holder is responsible for satisfying all obligations imposed by the City of Sulphur Ordinance.

13.

Special permit may be revoked or suspended by the Chief Building Official.

14.

Criminal Penalties. Any person, whether as an owner, lessor, agent, manager, employee, lessee, or occupant, who violates, causes a violation, or with knowledge permits a violation of any provisions of these regulations shall be guilty of a misdemeanor and, upon conviction, may be subject to a fine not to exceed five hundred dollars ($500.00) per violation or subject to imprisonment not to exceed thirty (30) days, or both fine and imprisonment. Any person shall be deemed to have committed a separate violation for each and every day during any portion of which any violation of any provision of these regulations is committed, permitted, or continued by such person and shall be subject to the remedies provided in this section.

(3)

Permitted as Exceptions by Land Use Commission and City Council:

(a)

Recreational facilities.

(b)

**All proposed buildings to be constructed greater than 50 feet shall meet International Building Code construction requirements and require Land Use Commission and City Council approval.

(c)

The procedure for Permitted as Exceptions by Land Use Commission and City Council shall be in accordance with Article III, Part 2, Section 1.

(4)

Development Standards:

(a)

No front foot dimension of a lot shall be less than fifty (50) feet. The total area of a lot shall not be less than six thousand (6,000) square feet.

(1)

Exception. No front foot dimension of any lot in a cul-de-sac shall be less than thirty (30) feet and a total area of a lot shall not be less than ten thousand (10,000) square feet. In a cul-de-sac with a front foot of fifty (50) feet or more, the lot shall not be exempt from the requirement of (b) of Article IV, Part 3, Section 5(3).

(b)

All development in the Commercial District shall conform to the development standards set out in the following table:

Side and rear setbacks to be determined by building codes adopted by city.

Use Density Lot Size (sq. ft.) Front Setback (sq. ft.) Height (ft.)
Multi-Family 18 d/u 6,000 20 50
Retail and Service FAR .5 5,000 20 50
Offices, Restaurant and Entertainment FAR 1 5,000 20 50**
Wholesaling, Warehousing, Light Manufact., Inst. and Public Use FAR 1 10,000 20 50**
Hotels and Motels FAR 1 25,000 20 50**
Schools, Church, Kennels 10,000 20 50**
Bars FAR 1 5,000 20 50
Rec. Facil. FAR .5 10,000 20 50

 

(Ord. No. 761, 2-12-07; Ord. No. 815, 10-9-07; Ord. No. 976, 5-10-10; Ord. No. 1266, 11-10-14; Ord. No. 1290, 4-13-15; Ord. No. 1460, 4-10-17)

Section 6. - Industrial District.

(1)

Purpose: To provide an area suitable for the development of intense commercial and manufacturing uses and to limit uses in the district to those which are tolerant of increased levels of noise, traffic, odor, particular matter and other activities excluding those uses prohibited by law.

(2)

Permitted Uses.

(a)

All uses as permitted in Business District (B) land use classification except single family detached, multi-family, mobile home and schools.

(b)

Airports.

(c)

General industrial uses.

(d)

Agriculture.

(e)

Truck stops - truck stops with or without video draw poker devices shall be permitted by-right in Industrial districts only, granted they meet the following provisions:

(1)

Must be located on a site that is not less than five (5) contiguous acres.

(2)

The truck stop must be located within one thousand feet (1,000') of Interstate Highway 10.

(3)

No truck stop facility, as defined, with video draw poker and similar gaming devices, shall be located within two thousand feet (2,000') of a residential zone, park, school, day care center, library or religious or cultural activity.

(4)

The truck stop must have frontage only on a median-divided thoroughfare with a minimum of four lanes.

(5)

No truck stop with video draw poker devices shall be located within two thousand feet (2,000') of any other casino or truck stop with video draw poker devices.

(6)

Distance shall be determined by measuring in a straight line, from the nearest point of the property line of the church or synagogue, library, playground or school to the nearest point of the property line on which the premises to be licensed sits. Applicant shall provide the City with a certified measurement from a licensed and bonded surveyor.

(7)

The City of Sulphur may also require the following in order to mitigate possible negative impacts on surrounding areas:

a.

A Traffic Impact Analysis by a registered engineer qualified to perform such studies. The developer may be required by the City to mitigate any negative impacts such as, but not limited to:

1.

providing new traffic signals or improving existing traffic signalization;

2.

providing additional directional signage;

3.

providing new turning lanes.

b.

Additional fencing, buffering and/or landscaping to screen the development from adjacent areas.

(3)

Non-Permitted Uses:

(a)

Hazardous waste disposal facilities.

(b)

Solid waste disposal facilities.

(c)

Heavy industry twenty-four (24) hour manufacturing facility except in developed industrial parks.

(4)

Permitted as Exceptions by Land Use Commission and City Council:

(a)

**All proposed buildings to be constructed greater than 50 feet shall meet International Building Code construction requirements and require Land Use Commission and City Council approval.

(b)

The procedure for Permitted as Exceptions by Land Use Commission and City Council shall be in accordance with Article III, Part 2, Section 1.

(5)

Development Standards:

(a)

No front foot dimension of a lot shall be less than fifty (50) feet. The total area of a lot shall not be less than six thousand (6,000) square feet.

(1)

Exception. No front foot dimension of any lot in a cul-de-sac shall be less than thirty (30) feet and a total area of a lot shall not be less than ten thousand (10,000) square feet. In a cul-de-sac with a front foot of fifty (50) feet or more the lot shall not be exempt from the requirement of (a) of Article IV, Part 3, Section 6(4).

(b)

All development in the Industrial District shall conform to the development standards set out in the following table:

Side and rear setbacks to be determined by building codes adopted by city.

Use Density Lot Size (sq. ft.) Front Setback (sq. ft.) Height (ft.)
Retail and Service FAR .5 5,000 20 50
Offices, Restaurant and Entertainment FAR 1 5,000 20 50**Wholesaling, Warehousing, Light Manufact.,
Inst. and Public Use FAR 1 10,000 20 50**
Kennels 10,000 20 50
Rec. Facil. FAR .5 10,000 20 50
Airport
General Industrial 25,000 25
Agriculture

 

(Ord. No. 762, 2-12-07; Ord. No. 816, 10-9-07; Ord. No. 903, 1-12-09; Ord. No. 1267, 11-10-14; Ord. No. 1291, 4-13-15; App B Art IV Pt 3 § 7 (added))

Section 7. - Interstate 10 north frontage road overlay district.

(1)

Purpose. The Interstate 10 North Frontage Road has been identified by the City of Sulphur as an important gateway and vital economic area. The purpose of the Interstate 10 North Frontage Road Overlay is to establish requirements that will:

(a)

Promote economic development;

(b)

Protect public and private investment in infrastructure and development;

(c)

To preserve, protect, and establish a high quality and inviting image to the areas of high visitor visibility;

(d)

Ensure that future development does not inhibit improvements to the roadway;

(e)

Preserve property values.

(2)

Applicability. The requirements of this district are in addition to and shall supplement any requirements already imposed on the same lands. The regulations of the overlay district shall supersede all conflicting regulations of the underlying district.

(3)

Boundaries. The Interstate 10 North Frontage Road Overlay District shall apply to the entire length of the Interstate 10 North Frontage Road that is within the corporate limits of the City of Sulphur.

(4)

General Requirements. The following provisions shall apply to the overlay district.

(a)

Land Uses. All permitted uses allowed within the underlying zoning district shall be allowed, except for the following:

Prohibited Uses
Industrial Uses Fireworks Sales
Institutional Uses Flea Markets
Churches Mobile Homes/Parks
Construction Material Landfills Public Libraries
Day Cares Quick Cash/Check Cashing stand alone
Tattoo/Piercing Salons Residential
Stand Alone Tobacco/Vape Shops Sanitary Landfills
Sexually Oriented Business Schools

 

(b)

Parking shall be hard surface, either asphalt or concrete.

(c)

Building Materials and Design. The following requirements shall apply to the overlay district:

1.

The following building materials shall apply for all facades that face a public or private street or a parking lot:

Permitted Building Materials
Brick Masonry Stone

 

(d)

Non-Motorized Transportation:

1.

A concrete sidewalk, five (5) feet wide, shall be installed one (1) foot inside the street right-of-way or easement lines on all sides of the property having street frontage. Sidewalks shall follow the standards located in chapter 18, section 18-16.

(Ord. No. 1653, 11-12-19)