(a)

Fences may be erected along the boundaries of a lot or yard area subject to the requirements of the building code; one (1) segment of a fence may be erected in a required side yard.

(b)

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.

(Ord. No. 483, § IV A, 10-8-01)

(a)

Where a lot has less area than the minimum requirements for the district within which the lot is located and was a lot of record in separate ownership from adjacent property at the time of the passage of this zoning ordinance, that lot may be used for a single-family dwelling or other non-dwelling use permitted in the district.

(b)

More than one (1) main institutional, public, or semi-public, commercial, or industrial building may be built on a lot provided it is located within the buildable area of the lot.

(Ord. No. 483, § IV B, 10-8-01)

(a)

Public, semi-public, or public service buildings, schools, or institutions when permitted in any district may be built to a height not exceeding sixty (60) feet when the required front, side, and rear yards are each increased by one (1) foot for each one (1) foot of additional height above the height limit of the district.

(b)

The height limitations of this chapter shall not apply to church spires, belfries, monuments, tanks, water towers, fire towers, stage towers, or scenery lofts, cooling towers, ornamental towers, spires, radio or television antennae, chimneys, elevator bulkheads, smokestacks, oil derricks, conveyors, or flagpoles; except that all uses, including the above shall comply with the provisions of any government jurisdiction height zoning ordinance.

(c)

Accessory buildings shall not be built more that thirteen (13) feet in height.

(Ord. No. 483, § IV C, 10-8-01)

(a)

Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.

(b)

Where the frontage on one (1) side of a street between two (2) intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front depth of the residential district.

(c)

On every corner lot there shall be provided on the side street a side yard equal in depth to the required front yard depth on the said side street; the frontyard requirement of a residential district shall prevail over that of a commercial or industrial use.

(d)

On a corner lot in any district, no fence, wall, hedge, or other structure or planting more than three (3) feet in height shall be erected, placed, or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines' point of intersection, measured along said street lines at points which are twenty (20) feet distant from the intersection of a street property line with the edge of a driveway or alley pavement.

(e)

Covered, but unenclosed, areas may project into required yards not more than ten (10) feet and shall not be considered in determining yard sizes; provided, however, that such area shall not be closer than four (4) feet to any lot line.

(f)

Every part of a required yard shall be open to the sky except ordinary projections not over eighteen (18) inches except that a roof, gutter, or eaves may project to the extent of four (4) feet providing at least three (3) feet remains open to the sky.

(g)

If forty (40) percent or more of the frontages on the same side of the street between two (2) intersecting streets is improved with buildings that have observed front yards less than that required, no building need be set back from the street more than the average front yard depth of such buildings.

(h)

Open fire escapes may extend into any required yard not more than five (5) feet.

(i)

Bay windows may project into any required yard not more than two (2) feet.

(j)

The building area of accessory buildings shall not be greater than forty (40) percent of the required rear yard area.

(k)

Accessory buildings shall not be erected or altered to be less than five (5) feet from a lot line.

(l)

Accessory buildings may be erected or altered in required side yards, providing that such building is not less than sixty (60) feet from the front lot line.

(m)

No accessory buildings on a corner lot having to it rear a building site facing toward the intersecting or side street shall be erected or altered to be less than the required front yard depth on the said side street; the front yard requirement of a residential district shall prevail over that of a commercial or industrial use.

(Ord. No. 483, § IV D, 10-8-01)

(a)

In any B-1 District, no store, shop or other commercial establishment shall be open for business before 6:00 a.m. or after 9:00 p.m.

(b)

In any B-2 or B-3 District, no store, shop or other commercial establishment shall be open for business before 5:00 a.m. or after 12:00 midnight, unless specifically authorized by the board of adjustment.

(c)

Open for business as stated above in paragraphs (a) and (b) shall mean the normal conduct of daily business activities during normal daily working hours. It does not restrict employers or employees of any store, shop or commercial establishment from working upon the premises of such establishment during any hour of the day, nor does it restrict opening the store, shop or establishment for emergency purposes.

(Ord. No. 483, § IV E, 10-8-01)

(a)

Moving of manufactured homes in and out of and within the town.

(1)

Inspection permit required. Before locating a manufactured home in the town it shall be necessary that as inspection permit be secured from the town. Code enforcement officer shall inspect each and every manufactured home to be located in the town, prior to actually being located in the town. Said inspection is to make sure manufactured home is in compliance with subsections 20-106(d)(3)a.7.i.—vi., Manufactured home restrictions.

(2)

Variance required. Before a manufactured home can be located in the town, it shall be necessary for the variance to be obtained from the board of adjustments of the town as is further set forth in this chapter.

(3)

Moving permit required. Before locating a manufactured home in the town it shall be necessary that a moving permit be secured from the town. The permit (or copy of permit) shall be attached to the inside of the rear window of the manufactured home being moved or otherwise prominently displayed on the rear of the manufactured home.

(4)

Final inspection permit. Once the manufactured home is located within the town, a final inspection permit shall be required at which time the code enforcement officer shall issue a permit to the owner upon meeting the requirements as set forth in subsection 20-106(d), Manufactured home restrictions.

(5)

Cost of permits.

a.

The cost of the inspection shall be as follows:

1.

Within zero- to fifty-mile radius of the Town of Vivian—Fifty dollars ($50.00).

2.

Within fifty- to one hundred-mile radius of the Town of Vivian—One hundred dollars ($100.00).

3.

A distance greater than one hundred (100) miles will require an affidavit and/or other supporting documents from a qualified manufactured home dealer or inspector, approved by the Code Enforcement Officer, stating that the manufactured home meets the requirements as set forth insubsections 20-106(d)(3)a.7.i.—vi., Manufactured home restrictions. This shall be at the cost of the person requesting the permit.

4.

Travel costs incurred by the Code Enforcement Officer as set forth by the mileage deduction rate for business purposes by the Internal Revenue Service.

b.

Moving permit cost shall be twenty-five dollars ($25.00).

c.

Final inspection permit shall be twenty-five dollars ($25.00).

d.

The cost of variance is ninety dollars ($90.00) as is set forth in section 20-183.

e.

The cost of all fees and permits shall be paid in advance to the Town of Vivian and all fees are non-refundable.

(6)

Mover responsible for securing moving permit. The mover of the manufactured home shall be responsible for securing the moving permit. The application for such permit shall be filed at least three (3) business days before commencing the moving of the manufactured home in the town.

(7)

Penalty. The penalty for moving a manufactured home in or within the town without first having obtained a moving permit shall be a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisonment for not more than sixty (60) days, or both, in the discretion of the court. Any manufactured homes moving into town without having obtained the necessary moving permit shall be denied entry and/or be prohibited from being located or placed on any site, building and/or lot within the town.

(b)

Parking restricted in certain places.

(1)

It shall be unlawful for any person to park any trailer or manufactured home on any street, alley, highway, or other public place, or on any tract of land, occupied or unoccupied, owned by any person within the town, except as provided in this section.

(2)

No trailer or manufactured home shall be parked on any premises where there is an occupied dwelling or on any property which is a part of the premises where there is an occupied dwelling, except that the parking of one (1) unoccupied trailer or manufactured home is permitted on any property (if subdivision restrictions do not prohibit same) provided that no living quarters shall be maintained or other business practiced in the trailer or manufactured home while trailer or manufactured home is so parked or stored.

(3)

Trailers or manufactured homes parked on residential and/or commercial lots, or other property, may be used for temporary occupancy, which shall be defined as no longer than fourteen (14) days, if subdivision restrictions, do not prohibit same and if the property is properly connected with the municipal water supply and sewer systems and constructed and located in compliance with all requirements of the building, plumbing, sanitary, health and electrical ordinances of the town and not inhabited by a greater number of occupants that which the trailer or manufactured home was designed.

(c)

Applicability. This chapter shall not prohibit the parking and placing of trailers or manufactured homes in an existing trailer or manufactured home park.

(d)

Manufactured home restrictions.

(1)

Every manufactured home situated on any lot or located within a defined manufactured home park located in the town shall conform to the following minimum standards:

(2)

Each manufactured home shall be a minimum size of six hundred (600) square feet.

(3)

Manufactured home shall have skirting in place within ninety (90) days of placement in a manufactured home park or on an individual residential, mixed residential or business lot.

a.

All skirting shall meet one (1) of the following requirements:

1.

Manufactured skirting; or

2.

Decorative metal, vinyl or plastic skirting; or

3.

Vinyl or plastic lattice work skirting; or

4.

Brick, mortar or other stone structure skirting.

5.

Exclusion. Skirting made of wood products (including wooden lattice work) is excluded.

6.

The front of the manufactured home must be facing street. The front of the manufactured home shall be that portion which has the front door

7.

Each manufactured home shall be inspected by the code enforcement officer for compliance with the provisions of this section and any other applicable town and/or state ordinance, which inspection shall include, in addition thereto, the following nonexclusive particulars:

i.

The manufactured home is not in deplorable condition which endangers the health and safety of humans and pets.

ii.

The siding and roof are in such condition that is structurally and aesthetically sound.

iii.

The underside of the manufactured home is secure to prevent any under hanging insulation and/or piping so as to prevent animals running at large from residing therein.

iv.

Windows are not broken or missing.

v.

All entry and exit doors are operable.

vi.

Flooring shall be structurally sound.

vii.

The skirting meets one (1) of the requirements as set forth in subsection (d)(3)a. of this section.

viii.

If axles are removed, then the manufactured home must be on a concrete or road base slab or runners.

ix.

Skirting shall extend from the bottom of the manufactured home to the ground.

x.

Skirting shall cover all sides of the manufactured home.

(e)

Alternate penalty provision.

(1)

It shall be unlawful for any person to violate or fail to comply with any provision of this chapter. In the alternative to any specific penalty provided therefore, the violation of, or failure to comply with, any provision of this chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months, or, by both such fine and imprisonment within the discretion of the court, together with court costs and expenses.

(2)

Each day any violation of, or failure to comply with, any provision of this chapter continues, each such violation or failure to comply shall constitute a separate offense.

(3)

The town, through the office of code enforcement, shall have the right to enter upon any and all premises to ascertain whether the terms of this chapter are being complied with and any person denying or obstructing such entry shall be subject to the penalties provided herein.

(4)

Nothing in this chapter shall affect any criminal remedy provided by law or any legal power to inflict penalties for contempt.

(f)

Additional provisions.

(1)

For definitions, please refer to the definition section set forth in section 20-2.

(2)

Any person complying to this section shall also comply with any remaining portions of this chapter and in particular, all parts concerning obtaining all the necessary permits and/or variances as required in this chapter.

(3)

Any person complying to this section of this chapter shall also comply with any federal, state and/or other local ordinances, rules or regulations concerning the moving, transportation and locating of manufactured homes with the municipality.

(4)

In addition to any other remedies that is set forth in this section, the town may also institute any appropriate action or proceedings to prevent such unlawful erection, structural alteration, maintenance, use, or other violations, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Each day such violation continues shall constitute a separate violation. Any such legal action brought by the town shall be heard in the First Judicial District Court, Caddo Parish, Louisiana.

(Ord. No. 661, 11-11-2013)

(a)

Purpose. The recreational vehicle park regulations in this chapter are intended to supplement standards adopted by the Town of Vivian district department of public health, to establish city standards for, and to restrict the location of, this type of development, to assure compatibility with other allowable uses in the urban environment.

(b)

Recreational vehicle defined.

(1)

Recreational vehicle means a vehicular-type unit designed for temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and which has a body width of no more than eight (8) feet and a body length of no more than thirty-five (35) feet when factory-equipped for the road.

a.

Dependent recreational vehicle means a recreational vehicle not containing sanitary facilities and/or devices for connecting said facilities to a community waste disposal system.

b.

Independent recreational vehicle means a recreational vehicle containing sanitary facilities and devices for connecting said facilities to a community waste disposal system.

(2)

Recreational vehicle shall include, but not be limited to, the following:

a.

Travel trailer means a vehicular portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, recreational and vacation uses.

b.

Camper means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation uses.

c.

Motor home means a portable, temporary dwelling to be used for travel, recreational and vacation use constructed as an integral part of a self-propelled vehicle.

d.

Camping trailer means a folding structure mounted on wheels and designed for travel, recreational and vacation uses.

(c)

Recreational vehicle lot defined. "Recreational vehicle lot" means a designated and defined parcel of land within a recreational vehicle park intended for temporary location of a recreational vehicle as a dwelling unit.

(d)

Recreational vehicle park defined. "Recreational vehicle park" means a recreational park or portion thereof designed for exclusive occupancy by recreational vehicles.

(e)

Sanitary station or sanitary dumping station defined. "Sanitary station" or "sanitary dumping station" means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks.

(f)

Recreational vehicle park requirements. The design and operation of recreational vehicle parks shall comply with the following:

(1)

The minimum size of the recreational vehicle park shall be ten (10) acres.

(2)

The maximum gross density allowed shall be one (1) recreational vehicle space per each one thousand (1,000) square feet of land area.

(3)

No less than eight (8) percent of the total site area shall be provided as defined recreational space. The recreation space shall be easily accessible and shall be improved and maintained in such a manner so as to provide adequate recreational facilities for the residents of the recreational vehicle park.

(4)

Each recreational vehicle space shall have a minimum width of twenty (20) feet.

(5)

Interior private streets shall observe the following minimums:

a.

Twelve (12) feet of width per each travel lane and eight (8) feet of width per each parking lane;

b.

Any improvement with bituminous surface treatment (BST) shall be in accordance and approved by the public works director of the Town of Vivian. In addition, all streets shall be well drained, well lighted and continuously maintained in operable condition.

(6)

Spacing between units. There shall be a minimum side-to-side dimension of eight (8) feet between units and a minimum end-to-end dimension of ten (10) feet between units.

(7)

Recreational vehicle pads. Each recreational vehicle space shall contain a concrete pad on which the recreational vehicle will be located. The concrete shall be a minimum of six (6) inches in depth.

(8)

Off-street parking. A minimum of one (1) off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one (1) off-street parking space per each three (3) recreational vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park.

(9)

Landscaping. Adequate landscaping to enhance and beautify the recreational vehicle park as well as minimize noise and visual problems shall be provided.

(10)

Limit of stay. No recreational vehicle shall remain in place in a recreational vehicle park for more than fourteen (14) days in a ninety-day period. The owner of the park shall keep appropriate records showing how many days the recreational vehicle has been located at the park during any one-year period. The town shall have the right to inspect any such log book and/or documentation during normal business hours.

(11)

Solid waste disposal. The storage, collection and disposal of solid waste in recreational vehicle parks shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards. Individual or grouped refuse containers must be screened from view except on collection day.

(12)

Utilities. The following requirements for utilities shall apply:

a.

A water supply system shall be provided in the recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle or a dependent recreational vehicle and shall be connected to a public water supply system. The water system for a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations.

b.

Watering stations. Each recreational vehicle park shall be provided with one (1) or more easily accessible water supply outlets for filling recreational vehicle water storage tanks.

c.

Sewage disposal system. An adequate and safe sewage disposal system shall be provided in a recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle or a dependent recreational vehicle park and shall be constructed and maintained in accordance with all applicable state and local codes.

d.

Sanitary stations. Each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one (1) for every one hundred (100) recreational vehicle spaces or fractional part thereof. Sanitary stations shall consist of at least a trapped four-inch sewer riser pipe connected to the sewage disposal system and surrounded at the inlet end by a concrete apron sloped to the drain and provided with a suitable hinged cover, and a water outlet, with the necessary appurtenances connected to the water supply system to permit periodic washdown of the immediate adjacent areas. A sign shall be posted near the water outlet indicating that this water is for flushing and cleaning purposes only. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls or natural growth and shall be separated from any recreational vehicle space by a distance of not less than fifty (50) feet.

e.

Electrical supply system. Each recreational vehicle park shall be provided with an underground electrical system which shall be installed and maintained in accordance with all applicable state and local codes and regulations.

f.

Other utility systems. If other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle park, such installation shall be in accordance with state and local codes and regulations.

(13)

All recreational vehicle parks shall comply with rules and regulations of the Town of Vivian and parish/state health department.

(14)

All recreational vehicle spaces shall be well marked and numbered.

(15)

Prior to any construction, the owner of the recreational vehicle park shall obtain prior approval from the board of adjustments. The board of adjustments shall review the site plan to ensure the rules and regulations regarding this section of the ordinance are being carried out properly.

(Ord. No. 677, 11-9-15)