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

Accessory structure or use means a structure or use which is subordinate:

(1)

To and serves a principal structure or use.

(2)

In area, extent and purpose to the principle structure or use served.

Agricultural use means an area where the predominant uses are farming, ranching or similarly related uses where the principle activity is crop production, horticulture or animal husbandry.

Collector street means those streets designated as collectors in appendix A to this ordinance.

Commencement of construction means the physical improvement of land in accordance with a permit issued by the town, provided that the improvements are of a form and character which are not reasonably usable for development other than that authorized by the issued permit.

Commission means the town planning commission.

Common structure means a structure, such as a garage, tool shed or recreational facility used by more than one resident in a planned development or manufactured housing development.

Community home means a dwelling unit that provides housing for six or fewer mentally retarded individuals with no more than two live-in staff.

Conditional use means a use permitted in a zoning district after approval pursuant to this chapter.

Corner lot means a lot abutting the intersection of two or more streets.

Day care center and nursery means an establishment for the care and nurture of preschool children during the school or work day.

Dbh means the diameter of a tree, stem or trunk measured at chest height.

Density means the number of dwelling units per unit of land.

Development means the use of land including change or enlargement of any use or disturbance of any land and the performance of any building or mining operation.

Development approval means any approval of development granted by a decision-making body, department or other person authorized to grant approvals under the provisions of this chapter.

District means a geographic area of the town designated in article III for specified regulations governing the use of land.

Dwelling means any structure or portion thereof which is designated for use for residential purposes.

Dwelling, single-family attached means an individual dwelling unit which is physically connected with one or more other dwelling units.

Dwelling, single-family detached means an individual dwelling unit in a structure which is not physically connected with any other dwelling unit.

Dwelling unit means any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.

Entertainment uses means establishments which provide opportunities or environments for social relaxation or pleasure, including the sale of food and alcoholic beverages.

Family means one or more persons related by blood, marriage, adoption or guardianship, the occupants of a community home, or no more than four persons not so related occupying a dwelling unit and living as a single housekeeping unit.

Finished grade means the completed surfaces of lawns, walks and roads brought to grade as shown on development plans relating thereto.

Floor area means the sum of the gross horizontal areas of the several floors of the main building but not including the area of roofed porches, terraces or breezeways. All dimensions shall be measured between exterior faces of the walls.

Floor area ratio (FAR) means the ratio of floor area of a building to the area of a lot.

Frontage means points of contact of a lot along a public street.

General retail sales and service establishment means an establishment for the sale of goods, commodities and services to ultimate consumers or users.

Gross leasable area (GLA) means that portion of the floor area of a building which is amenable to actual nonresidential use, including the storage of goods and materials.

Height means the vertical distance of a building measured from the average elevation of the proposed finished grade to the highest point of the roof for flat roofs, to the deck line of a mansard roof, and to the mean height between eaves and ridges for gable, hip and gambrel roofs. For structures, the vertical distance measured from the average finished grade to its highest point; provided, however, that no height limitation in this chapter shall apply to any of the following structures: silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, smokestacks, derricks, flag poles, masts, solar energy facilities and similar structures required to be placed above the roof level and not intended for human occupancy.

Home business means a home occupation involving a nonresident employee, permitted under the provisions of this chapter.

Home occupation means a business, profession, occupation or trade conducted within the principal structure of a residential use by a resident of the dwelling which is incidental and secondary to the residential use of the dwelling, does not change the essentially residential character of the use and which complies with the requirements of this chapter.

Hotel or motel means a building in which lodging or temporary living accommodations are provided or offered to the general public.

Industrial use means the manufacture, assembly or fabrication of goods and materials.

Institutional use means any land used for hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities and clinics, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; cultural, eleemosynary facilities and other similar uses.

Kennel means a facility for the care or boarding of animals which is operated for economic gain or the keeping of more than three dogs over six months of age outside the principle building.

Land means the earth, water and air, above, below or on the surface, including any improvements or structures customarily regarded as land.

Landscaping means the installation of plant material or seed as a part of development.

Letter of understanding means a letter from the administrative official setting out the substance of the preapplication conference.

Licensed establishment means an establishment that is:

(1)

Not located within a residential subdivision, zoned highway commercial, unless the establishment was licensed prior to the effective date of the ordinance from which this chapter is derived, and has a state and local class A general retail or state and local class A restaurant permit for the sale of alcoholic beverages for on-premises consumption at a restaurant, bar tab and cocktail lounge club, hotel/motel;

(2)

A state racing commission licensed race track, parimutuel wagering facility or off-track wagering facility; or

(3)

A qualified truck stop facility.

The term "licensed establishment" does not include any premises leased to or utilized by a bona fide nonprofit organization for the conduction of charitable gaming, nor any convenience store, quick-stop, food mart, service station, grocery store, barbershop, laundromat, washateria, package or discount liquor, cigarette establishment, movie theater or beauty shop.

Local street means those streets designated as local in appendix A to this ordinance.

Lot means a parcel of land occupied or intended for occupancy by an individual use, including one main structure together with any accessory structures, yards, open spaces, buffer areas and parking spaces.

Lot of record means a recorded platted lot or parcel of land which became legally established as a lot by deed or act of sale prior to July 16, 1996.

Lot lines means the lines forming the outer boundary of a lot.

Major state or interstate highway means those highways which have an average daily traffic count of at least 15,000 vehicles at the intersection or section nearest to the use in question.

Manufactured housing means dwelling units that are constructed at a plant or facility on a production line basis which are delivered to the site as an assembled unit or in modular form.

Manufacturing uses means the assembly or fabrication of goods and materials which does not involve excessive use or storage of toxic, hazardous or highly flammable materials.

Mobile home means a moveable or portable structure designed and constructed on its chassis and designed to be connected to utilities for yearround occupancy as a dwelling.

Neighborhood commercial means a commercial use providing products and services primarily intended for the use or consumption of the immediate neighborhood.

Nonconforming lot of record means a platted lot which does not comply with the lot size requirements of the zoning district in which it is located.

Nonconforming structure means any structure which was lawful on the effective date of the ordinance from which this chapter is derived, but which does not comply with all the standards and regulations of this chapter or any amendment thereto.

Parcel means any quantity of land capable of being described with such definitiveness that its location and boundaries may be established and which is designed by its owner as land to be used as a unit.

Public use means any use operated by an agency of government which provides a direct service to the public, including police, fire, library and recreational services.

Qualified truck stop means a facility that meets the criteria contained in R.S. 33:4862.6(a)(4)(c) and which has underground storage facilities for fuel.

Recreational facility means any facility which provides recreational opportunities such as tennis clubs, health clubs or golf clubs.

Recreational facility, intensive means a recreational facility which may impact the surrounding area in terms of traffic and noise, such as swimming, tennis and health clubs, or go-cart tracks.

Recreational facility, low-intensive means a recreational facility which has minimal impacts on the surrounding area, such as golf courses, parks and campgrounds, and which use has a ten percent or less coverage of the parcel by impervious surfaces.

Residential use means a dwelling with permanent housekeeping facilities.

Restaurant means any establishment whose primary purpose is the service of food for consumption on or off the premises.

Schools means any land used for educational facilities, including universities, colleges, elementary and secondary, and vocational schools.

Sight triangle. See section 22-172.

Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, elimination or projected images. The term "sign" does not include the flag or emblem of any nation, organization of nations, state or city, or any political, fraternal, religious or civic organizations; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.

Site plan means a scaled and dimensioned drawing indicating the following: site address; property owner; property lines; uses of adjacent properties; location of existing and future roads, drives, fences, ditches, ponds and structures (as well as items to be removed); locations of projected "tie-in" to public utilities; and all required setbacks.

Street means public ways which have been dedicated or otherwise set aside or deeded for public use.

Structure means an assembled combination of materials at a fixed location designed to give support or shelter, exclusive of concrete slabs, boundary or retaining walls, fences, flag poles, self-contained heating, cooling or ventilating equipment and the like.

Traffic generation rates means the average daily trips generated per unit of land, as follows:

(1)

Residential dwellings: Eight per dwelling unit;

(2)

Schools: One per student or 20 per 1,000 square feet of gross floor area;

(3)

Neighborhood commercial: 150 per 1,000 square feet of gross floor area;

(4)

Restaurants, sit down: 75 per 1,000 feet of gross floor area;

(5)

Restaurants, fast food or take out: 500 per 1,000 feet of gross floor area;

(6)

Bars: 150 per 1,000 square feet of gross floor area;

(7)

General retail and service establishments: 50 per 1,000 square feet of gross floor area;

(8)

Offices: 55 per 1,000 feet of gross floor area;

(9)

Wholesale and warehousing uses: Six per 1,000 square feet of gross floor area;

(10)

Manufacturing: five per 1,000 square feet of gross floor area;

(11)

Entertainment uses: 30 per 1,000 square feet of gross floor area;

(12)

Hotels and motels: Ten per room; and

(13)

Kennels: ten per 1,000 square feet of gross floor area.

In lieu of the rates set out in this definition, any person may submit updated counts from the Institute of Traffic Engineering or authenticated local figures for approval by the director of planning.

Truckstop. Under the provisions of the state, all truckstops, which are defined as a facility principally designed to accommodate heavy transport vehicles, shall conform to the definitions of truckstops as enumerated by the state.

Truckstop facility means those facilities as contemplated in R.S. 33:4862.1 et seq., which are designed primarily for the servicing of 18-wheel tractor trailer motor vehicles and where video draw poker devices may be operated.

Video draw poker device means a unit, mechanism or device that, upon insertion of cash, is available to play or simulate the play of the game of draw poker or other card games utilizing a cathode ray tube or video display screen and microprocessors in which the players may win games or credits that can be redeemed for cash. The term does not include a device that directly dispenses coins, cash, tokens or anything else of value except the ticket voucher. The term does not include any device authorized to be used in the conduction of charitable gaming.

Yard means an open space at grade between a building and the property line of the lot on which the building is located unoccupied, and unobstructed from the ground upward, except for required parking or as otherwise expressly permitted in this chapter.

Yard, front means a yard extending across the front of a lot between the side lot lines. On corner lots, the front yard shall face the street on which the lot has its similar dimension.

Yard, rear means a yard extending across the rear of a lot between the side lot lines. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side means a yard between the side lot line and permitted buildings.

Zoning certificate means a certificate from the administrative official that an existing or proposed use complies with the provisions of this chapter.

(Ord. No. 572, app. B, 7-16-96; Ord. No. 758, § 1, 12-1-15; Ord. No. 759, § 1, 4-5-16)

Cross reference— Definitions generally, § 1-2.

This chapter is adopted pursuant to the Charter of the town, the provisions of R.S. 33:4271 et seq., R.S. 33:101 et seq. and other relative provisions of state statues and the Constitution of the state in order to promote the public health, safety, morals and general welfare of the town.

(Ord. No. 572, art. I, 7-16-96)

This chapter shall apply to use of land within the corporate limits of the town. All development in the town shall meet or exceed the minimum standards and requirements set forth in this chapter as amended from time to time.

(Ord. No. 572, art. I, 7-16-96)

Decisions made in regard to the representations of this chapter for development approval shall be based on the actual provisions of this chapter in effect at the time of the decision.

(Ord. No. 572, art. I, 7-16-96)

This chapter and any amendments thereto shall not affect the validity of any building permit lawfully issued prior to the effective date of the ordinance from which this chapter is derived, provided that the permit is valid upon the effective date of the ordinance from which this chapter is derived, and that the related construction shall commence within the allotted time of the permit issuance. Should the permit expire, any subsequent authorization of the development and/or construction shall comply with the provisions of this chapter.

(Ord. No. 572, art. I, 7-16-96)

Any ordinance that is in existence at the time of the effective date of the ordinance from which this chapter is derived that is contrary to the purpose, spirit and intent of this chapter is hereby repealed and the provisions of this chapter shall take precedence.

(Ord. No. 572, art. I, 7-16-96)

(a)

This chapter shall be construed to achieve the purpose for which it is adopted.

(b)

In the event of a conflict between the provisions of this chapter and any other ordinance of the town, the provisions of this chapter shall dictate and control.

(c)

In the event of any conflict between the text of this chapter and any caption, figure, illustration, table or map, the text and substantive criteria of this chapter shall be the controlling factors.

(Ord. No. 572, art. II, 7-16-96)

(a)

Authority and purpose. The board of aldermen is hereby authorized to amend the text of this chapter or the official zoning map of the town. These amendments shall be considered in light of the benefits to the town in general rather than to relieve particular hardships or to confer special privileges.

(b)

Initiation of an amendment. Amendments to the text or the official zoning map of this chapter may be initiated by any member of the board of aldermen, the zoning commission, the mayor, or any other resident of the town. Any amendment initiated by a resident which involves a single parcel of land shall require the submission of an application to the administrative office in accordance with the provisions of this chapter accompanied by a nonrefundable fee to cover the cost of review as may be established from time to time.

(c)

Review. After receipt of a complete application for amendment or a proposal for amendment or upon receipt of a certified petition for annexation, the administrative official shall complete the review of the application, the proposal or the petition for annexation and send a written recommendation to the zoning commission, with a copy to the applicant, setting forth whether the amendment is recommended for approval or denial or, in the case of a petition for annexation, setting forth a recommended zoning district relative to the existing land use pattern. He shall further cause this request to be on the regularly scheduled meeting of the zoning commission with due public notice given thereto.

(d)

Action by the commission.

(1)

The commission shall conduct a public hearing to consider any amendment to the text or official zoning map for the town or the appropriate zoning classification for a land subject to an annexation petition.

(2)

The commission shall review the proposed amendment or the proposed zoning district classification for land subject to an annexation petition, the recommendation of the administrative staff, the testimony at the public hearing and consequently recommend to the board of aldermen approval, approval subject to conditions or denial of the proposed request for amendments.

(e)

Action by the board of aldermen.

(1)

After review by the zoning commission and the request for amendment is placed in due course on the agenda of the board of aldermen, the board of aldermen shall review the proposed amendment and the relative request, and hear testimony from the administrative official, the findings of the zoning commission and other public input consequent to this request.

(2)

After review, the board of aldermen shall grant, grant subject to conditions or deny the proposed request within 30 days of the receipt of the recommendation from the zoning commission.

(3)

After the vote of the board of aldermen, the administrative official shall either notify the applicant of the denial or approval of the amendment with any relative conditions imposed thereon, and shall make necessary adjustments to the text and zoning map as required.

(Ord. No. 572, art. IV, 7-16-96)

The following fees are applicable to this chapter:

Application to the board of zoning adjustment for appeals, variances or special exceptions .....$50.00

Applications to the zoning commission .....50.00

(Ord. No. 572, app. D, 7-16-96)