(a)

Areas subject to inundation. On any areas subject to periodic inundation, making them unsafe for human habitation, no building or portion thereof which is designed for dwelling use or as a place of public assembly shall be erected or altered unless protected from inundation.

(b)

Natural production uses. In any district the extraction of oil, gas or other natural mineral deposit, including sod, sand, clay or gravel, may be permitted upon the approval of the board of adjustment and subject to such terms and conditions as the board may fix for the protection of adjacent property and uses.

(c)

Noise. There shall be no production by any use of noise which at any boundary of the building site is in excess of the average intensity of street and traffic noise at that boundary.

(d)

Heat, glare, and vibration. There shall be no omission by any use of objectionable heat, glare, or vibration which is perceptible beyond any boundary of the building site on which the use is located.

(e)

Hazard. There shall not be created or maintained by any use any unusual fire, explosion or safety hazard beyond the boundary of the lot on which the use is located.

(f)

Mobile home class determination.

(1)

Intent. It is the intent of these regulations to encourage the provision of affordable housing in a general residential environment by permitting the use of Class A mobile homes (as defined herein) in all residential districts of the city subject to any necessary approvals of the West Monroe Municipal Planning Commission, the board of adjustments of the city, the board of aldermen of the city, and limitations in size, shape and foundation as specified below.

(2)

Effect of approval. Subject to any necessary approvals of the West Monroe Municipal Planning Commission, the board of adjustments of the city, and the board of aldermen of the city, mobile homes approved as Class A either individually or by specific model shall be allowed in all residential districts subject to the requirements for all structures in the same district. Certification shall be contingent upon all requirements of subsection (4) (below) being met.

(3)

Application for Class A determination. Applications for approval of mobile homes as Class A shall be submitted to the zoning administrator in such form as he may reasonably require to make determinations of suitability as specified herein. Applications shall include descriptions of, but not be limited to, exterior dimensions, roof slopes, exterior finish, skirting materials and the like.

(4)

Standards for determinations of Class A status. Minimum width as measured across the narrowest portion of the dwelling's main structure shall be twenty (20) feet. The pitch of the main roof shall be not less than one foot of rise for each four (4) feet of horizontal run; minimum distance from eave to ridge shall be ten (10) feet. Exterior finish materials shall not reflect light of greater intensity than would be reflected from a surface painted with clean, white, gloss enamel. All Class A mobile homes shall be skirted to obscure from view any wheels, under-carriages, framing extensions, etc. with a material similar in appearance to the mobile home's exterior surfaces.

(g)

Home occupations provisions.

(1)

Definition. Home occupation: Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling unit, and which does not change the character thereof except as provided in this section.

(2)

Purpose and intent. It is the purpose and intent of this section to:

a.

Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land use.

b.

Provide residents of the city with an option to utilize their residences as a place to enhance or fulfill personal economic goals as long as the choice of home occupation does not infringe upon the residential rights of neighborhood inhabitants.

c.

Establish criteria for operating home occupation in dwelling units within residential districts.

d.

Minimize the impact a home occupation has on a neighborhood with respect to public and private services such as street, sewer, water and electrical systems.

(3)

Performance standards for R-1, R-1H, R-2. and B-1 zone. A home occupation operating from a single-family or multifamily dwelling unit in a R-1, R-1H, R-2 and B-1 zone shall meet the following conditions:

a.

Area of use. The area used for a home occupation shall not exceed twenty-five (25) percent of the habitable space of the dwelling unit. Habitable space shall be as defined in the building code of the city.

(4)

Parking.

a.

If the garage is converted into a habitable part of the dwelling unit and used for the home occupation, parking required by Article E of Chapter 5 of Part 12 of this Code.

b.

The home occupation may not cause traffic or parking problems.

c.

No additional parking area shall be allowed which tends to give the property a commercial appearance.

(5)

Persons permitted to conduct home occupation. The home occupation shall be conducted only by members of the family residing in the dwelling.

(6)

Motorized or other power equipment. The use of motorized or other power equipment in connection with the occupation shall be limited to electric motors of three (3) horsepower or less; no equipment may be used which creates undue noise, vibration, glare, fumes, odors or electrical interference.

(7)

Home occupations permitted.

a.

Craft work for sale off-site, such as the making of pottery, jewelry, or dolls, gunsmithing, and woodworking which is produced on the premises.

b.

Tutoring, such as music lessons, dance lessons, swimming lessons, tennis lessons, or gymnastic lessons.

c.

Garment work, such as tailoring, dressmaking, millinery work, ironing, and garment repair.

d.

Office uses, such as offices used for phone solicitation, investment counseling, typing, notary public, physicians, dentists, lawyers, certified public accountants, architects, engineers, and computer uses where an exchange of information is done via telephone, telephone modem, for uses such as acquiring mailing lists or information libraries.

e.

Artistic endeavors, such as art studios, photography, portrait studios, writing, lithography, and art glass.

f.

Hair care. Hair care services and manicuring services carried on by one inhabitant of the dwelling.

g.

Mail order, not to include retail sales on site.

h.

Nursery or care for five (5) or fewer unrelated children concurrently, solely by a resident of the property.

i.

Preparation of "low-risk foods" under the provisions of R.S. 40:4.9, as from time to time amended.

(8)

Signage. One nonilluminated name plate attached to the dwelling unit but is allowed not to exceed one and one-half (1½) square feet in size.

(9)

Change to exterior of dwelling unit. The exterior appearance of a dwelling unit shall not be altered to draw attention to the structure as a commercial or business operation, such as alteration of building material, size or color, lighting fixtures or the intensity of light, parking area, or other exterior changes which alter the residential character of the dwelling unit and detract from the residential character of the neighborhood.

(10)

Storage or stock, supplies and products. Storage of stock, supplies and products shall be permitted only inside the premises where a home occupation is being operated. No exterior storage of stock, supplies and products shall be permitted.

(11)

Retail sales. Sales of stocks of merchandise or products shall not be conducted on the premises, except as follows:

a.

One engaged in hair care and/or manicuring services may sell products directly related to such services;

b.

One engaged in garment work may sell custom work to specific clients but may not develop stocks of garments for sale to the general public;

c.

One engaged in phone solicitation, mail order sales may display sample products and take orders for the products on the premises, but deliver and payment for the products shall occur off-site; and

d.

One engaged in artistic endeavors may sell custom work to specific clients but may not develop stock of products for sale to the general public on site.

(12)

Nuisance unlawful. It shall be unlawful for a resident operating a home occupation to:

a.

Produce, dump, or store combustible or toxic substances in or around a residential dwelling unit.

b.

Create interference or fluctuations of radio or television transmission received by other residents of the neighborhood.

(13)

Specific exclusions. In no event shall any of the home occupations permitted herein be interpreted to allow any of the following businesses or commercial activities.

a.

Body or mechanical repair, modification of motor vehicles or lawn mower repair for compensation.

b.

Animal hospital or kennel.

c.

Residential health care facility.

d.

Restaurant.

(14)

Additional limitations. In no event shall more than one home occupation be operated within any single dwelling unit.

(h)

Permanent yard sales.

(1)

No owner of occupant of property in the city shall conduct a permanent garage or yard sale.

(2)

For purposes of this section, a garage or yard sale is defined as the sale of personal, household or similar items or clothing by a person or persons not licensed as a retailer operating lawfully according to sections 10-1001, et seq. (occupational licenses) and 12-5001(e), et seq. (zoning).

(3)

For purposes of this section, prohibited "permanent garage or yard sale" is any sale extending over a duration in excess of seventy-two (72) hours, whether or not in continuous operation, or occurring more than once over a period of two (2) months.

(4)

The city may issue thirty-day permits to licensed retailers which will allow them to display goods outside the confines of their approval structures. Any permit for a period in excess of thirty (30) days must be approved by the board of aldermen in legal session convened.

(i)

Classification of new and unlisted uses. It is recognized that new types of land use will develop and that forms of land use not anticipated will seek to locate in the city. In order to provide for such changes and contingencies, a determination of the appropriate zoning classification of any new or unlisted form of land use shall be made as follows:

(1)

Unless determined by the board of aldermen as being a type or use for which this procedure is unnecessary or inappropriate, all questions concerning the classification of new or unlisted uses shall be referred to the planning commission for an interpretation of the zoning classification into which the use shall be placed. The request for the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity; sales; processing; type of product; storage and amount and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; nature and time of occupancy or operation of the premises; the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the requirements for public utilities such as sanitary sewer and water; as well as such other facts as may be relevant as to proper classification of use.

(2)

The planning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted, and the limitations which may be applicable as to such use in those districts.

(3)

In accord with the amendment procedures set forth in this chapter, the planning commission shall then transmit its findings and recommendations for the zoning classification of any new or unlisted use to the board of aldermen for consideration of enactment as an amendment to this chapter.

(Ord. No. 1501, § IV, 7-24-73; Ord. No. 2125, 1-14-86; Ord. No. 2257, 8-9-88; Ord. No. 2372, §§ 7—9, 14, 9-11-90; Ord. No. 2709, 11-14-95; Ord. No. 3704, § 1, 11-13-07; Ord. No. 3878, § 1, 2-9-10; Ord. No. 3973, § 1, 3-8-11; Ord. No. 4217, § 1, 10-14-14; Ord. No. 4866, § 1, 1-12-21)

Editor's note— Section 2 of Ord. No. 3704 provided for an effective date on and after November 14, 2007.

(a)

Small lots. Where a lot has an area less than the area required herein and was a lot of record on the effective date of this chapter, such lot, if used for dwelling purposes, shall be used only for a one-family dwelling. If located in a district permitting commercial or industrial uses, the lot may be used for any use permitted in the district in which the lot is located.

(b)

Reduced lot area. No lot shall be so reduced in area that any required yard will be smaller than prescribed for the district in which the lot is located.

(c)

Visibility at intersections. On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than two (2) feet in height shall be erected, placed, or maintained within the triangular area formed by the intersecting street lines and a straight line joining such street lines at points which are thirty (30) feet distant from the point of intersection measured along such street lines.

(Ord. No. 1501, § IV, 7-24-73)

(a)

Height exceptions. The height limitations for the various districts shall not apply to church spires, belfries, cupolas, penthouses, or domes not used for human habitation, nor to chimneys, ventilators, skylights, water tanks, parapet walls, cornices, or necessary mechanical appurtenances usually carried above the roof level, provided that such features are limited to that height necessary for their proper functioning.

(b)

Excess height. In any district any main building may be erected or altered to a height in excess of that specified for the district provided each front, side and rear yard is increased one foot for each two (2) feet of such additional height; this provision includes areas where no yard is required.

(Ord. No. 1501, § IV, 7-24-73)

(a)

Front yard depth. Any lot lying between two (2) lots adjacent thereto and having structures erected upon them on the effective date of this chapter shall have a front yard equal in depth at least to the average depth of the front yards of the lots adjacent thereto; provided, however, that no front yard shall be less than ten (10) feet in depth, nor need any front yard have a greater depth than thirty-five (35) feet.

(b)

Additional side yard requirements. Where the side of a lot in a commercial district abuts upon the side of a lot in a residential district, there shall be provided on the lot in the commercial district a side yard not less than twenty (20) feet in width on the side next to the residential district.

(c)

Accessory buildings. No accessory building shall occupy any part of a required front or side yard or occupy more than thirty (30) percent of a required rear yard. No accessory building shall be erected or altered so that it is closer to any lot line than five (5) feet, except that in a B-3 district an accessory building may be as close to an interior, side lot line as the primary building on the site. No accessory building shall be closer to any right-of-way line than the primary building on the site. Accessory structures (other than buildings) shall meet the same requirements as accessory buildings, except that commercial, on-premises signs in commercial districts are allowed to occupy a required front or side yard, provided the sign structure is no closer to any right-of-way line than ten (10) feet.

(d)

Future street lines. Front yard depth and, in the case of corner lots, side yard width shall be measured from the future street right-of-way line where such lines have been established by the master plan.

(e)

Corner lot. In any district a corner lot shall have provided on the side adjoining the side street a side yard of twenty (20) feet in width; provided, however, that this regulation shall not be applied to reduce the buildable width of the corner lot to less than thirty (30) feet.

(f)

Projecting architectural features. Every part of a required yard shall be open and unobstructed from the ground to the sky except for permitted accessory structures and for the ordinary projections of sills, belt courses, cornices, buttresses, eaves, and similar architectural features, provided that such projections shall not extend more than two (2) feet into any required yard. Open fire escapes may extend into any required yard not more than three and one-half (3½) feet.

(g)

Fences, walls, hedges, etc.

(1)

No fence, wall, hedge, structure or other object which obstructs sight shall be erected, placed, altered or maintained in any required front or side corner yard to exceed a height of three (3) feet; and no fence, wall or hedge, other than the wall of a permitted structure, shall be erected in any required side or rear yard to exceed a height of eight (8) feet, except that any residential property with a side corner yard having to its rear another residential side corner yard property may erect, maintain, place or alter a fence, hedge, wall, structure or other object not to exceed a height of eight (8) feet in any portion of that side corner yard.

(2)

No chain link fence shall be erected in any required front or side corner yard in any residential districts for residential use, to exceed a height of five (5) feet.

(3)

All swimming pools are required to have an enclosed fence or wall at least four (4) feet in height, with a self latching gate, surrounding such a facility and maintained in good condition to restrict the passage of animals or young children.

(4)

All commercial and industrial establishments shall have enclosed all outdoor storage and materials within a fenced area, the design and specification to be determined by the zoning administrator.

(5)

Any commercial or industrial zoned property on which a proposal to erect a fence or wall (not to exceed eight (8) feet in height) on any portion of the required yards must first be reviewed by the planning commission and board of adjustment for approval.

(6)

It shall be unlawful for any person to erect, or install any electrically charged fence or electrically charged barrier wire within the city.

(7)

All fences, walls, hedges, and similar barriers shall be maintained in a reasonably good state of repair.

(8)

A building permit for fences and walls is required, the cost of that permit shall be twenty-five dollars ($25.00), and is subject to approval by the zoning administrator.

(h)

Buffer protection. For the purpose of creating conditions favorable for the development of residential areas of the city, the following shall apply:

(1)

Wherever the boundary of the residential district is conterminous with the boundary of a commercial or industrial district, and residential lots abut commercial or industrial lots, there shall be provided and maintained, on the commercial or industrial land abutting the residential district, a six-foot wooden fence constructed of cedar, redwood or cypress (the design and specifications of which shall be subject to the approval of the zoning administrator), or where permitted by specific exception by the planning commission with application for amendment to the zoning map or by variance by the board of adjustments, adequate screen planting, chain link fence (with metal slats or screen planting) or any combination, but to be at least six (6) feet in height (the design and specification of which shall be subject to the approval of the zoning administrator).

(2)

Wherever the boundary of a residential (single-family) district is conterminous with the boundary of a residential (multifamily) district and the single-family lots abut or are adjacent to an alley which abuts multifamily lots, there shall be provided and maintained, on the multifamily lots abutting the single-family lots a wood fence constructed of cedar, redwood or cypress, at least six (6) feet in height (the design and specifications of which shall be subject to the approval of the zoning administrator), or by variance by the board of adjustments, adequate screen planting or chain link fence (with metal slats or screen planting), or any combination but to be at least six (6) feet in height (the design and specifications of which shall be subject to the approval of the zoning administrator).

(3)

Wherever the boundary of a business, industrial or campus district is conterminous with the boundary of:

a.

Residential districts (including B-1 (transition business) developed or developing residential) and there exists a road, street, drainage canal or ditch, or other utility right-of-way or easement; or

b.

O-L (open land) district;

then an application for review by the zoning commission shall be submitted so as to determine the appropriate buffer protection requirements.

(i)

Buffer protection. Wherever the boundary of a residential district is coterminous with the boundary of a commercial or industrial district, and residential lots abut commercial or industrial lots, there shall be provided and maintained, on the commercial or industrial land abutting the residential district, adequate screen planting at least eight (8) feet in height, or a brick or perforated brick wall at least seven (7) feet in height (the design and specifications of which shall be subject to the approval of the zoning administrator).

(j)

Screen planting. Screen planting shall in all cases, where herein required or permitted to be used in lieu of other protection, be of sufficient height (but in no case less than eight (8) feet three (3) years after planting) and density to afford protection from the glare of lights, from blowing papers, dust and debris, from visual encroachment, and from excessive transmission of noise. It shall be maintained in a clean and neat condition.

(Ord. No. 1501, § IV, 7-24-73; Ord. No. 1643, § 8, 4-12-77; Ord. No. 2125, 1-14-86; Ord. No. 2663, § 1, 6-13-95; Ord. No. 4566, § 1, 8-14-18; Ord. No. 4770, § 1, 12-9-19)

(a)

The following policy statement is in regard to the planned unit residential development project provision of the subdivision regulations which under the zoning administration falls under planned building groups:

(1)

It is intended to permit, on application and approval of detailed plans, creation of new higher density, single-ownership residential projects where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units. Suitability of such tracts for the plans and development proposed shall be determined by the existing and prospective character of surrounding development, and by reference to the comprehensive plan.

(2)

In view of the substantial public advantages of planned unit development, it is the intent of this chapter to promote and encourage development in this form where appropriate in location and character.

(3)

Higher density, single-ownership residential developments represent a special plan for a minimum of two (2) acres permitting usage of smaller building sites than otherwise permitted by this chapter and the subdivision regulations. Certain modifications of the general subdivision requirements, as governed by section 12-2005(e) of this Code, are permitted when, in the opinion of the planning commission, adequate provisions are made for circulation, recreation, light, air, and service needs of the tract when fully developed and populated.

(b)

Factors to be considered by the commission in review of planned unit residential development projects include:

(1)

Deed covenants for the development should include provisions for maximum coverage of building sites and other design specifications in accordance with the provisions of section 12-2005(e) of this Code.

(2)

Deed covenants must include adequate provisions for the perpetual maintenance of common areas such as courts and playgrounds.

(3)

Plans for the development must include concrete curb and gutter streets, sidewalks, underground drainage, adequate spacing of structures to assure access by emergency vehicles, and adequate off-street parking and access by residents. The planning commission may approve street rights-of-way of less than fifty (50) feet in width with vehicular turn-arounds of less than one hundred (100) feet in diameter provided the street is no longer than eight hundred (800) feet in unbroken length and further provided that the proposed street is part of a cluster, townhouse, or condominium development according to specifications in section 12-2005.

(4)

Planned unit residential development projects will be required to follow subdivision regulation review procedures of sketch plan, general subdivision plan and final plat reviews as well as:

a.

Evidence of provision for operation and maintenance of such areas, improvements, facilities, and service as will be for common use by some or all of the occupants of the development, but will not be provided, operated, or maintained at general expense; and

b.

A preliminary traffic analysis indicating the probable effect of the proposed development on traffic patterns and capabilities of adjacent streets in the immediate area.

(5)

Other than the specific requirements listed above, planned unit residential development projects will comply with general design and improvement standards of the subdivision regulations and this chapter.

(Ord. No. 1501, § IV, 7-24-73; Ord. No. 2157, 8-12-86)

(a)

Definitions. As used in this section:

(1)

Mini-warehouse developments means a commercial enterprise consisting of rented storage space with individual unit areas not exceeding three hundred fifty (350) square feet;

(2)

Impervious surface means a surface on the ground which does not allow passage of water, including, but not limited to, buildings, and concrete, gravel, stone, and shell parking areas, driveways, and walkways;

(3)

Impervious surface ratio means the ratio of all impervious surfaces on a lot to the total area of said lot.

(b)

Setbacks required. Notwithstanding the setback requirements specified in the various districts, the following setback requirements shall apply to all mini-warehouse developments:

(1)

Front yards—Twenty-five (25) feet.

(2)

Side yards—Five (5) feet.

(3)

Rear yards—Ten (10) feet.

Except that a side yard abutting on a public street shall equal or exceed twenty (20) feet.

(c)

Height limitations. Notwithstanding the height limitations of the various districts, all mini-warehouse developments shall be limited in height to thirty-five (35) feet, said height limitation shall apply to all structures on the site including signs.

(d)

Impervious surface ratio. The impervious surface ratio for any mini-warehouse development shall not exceed .85:1.

(a)

Definition, as used in this section and for the purpose of providing of the establishment of bed and breakfast homes within the city, the following regulations shall apply:

(1)

Structure. The bed and breakfast facility shall be operated within the principal structure and not in any accessory structure. The structure to be used as a bed and breakfast facility shall be of historic significance.

(2)

Parking. One off-street parking space per guest bedroom plus one parking space for each permanent resident and each nonresident employee shall be provided.

(3)

Number of guest rooms. A maximum number of five (5) guest bedrooms is allowed.

(4)

Length of stay. The maximum length of stay for any guest shall be limited to seven (7) days.

(5)

Management. The owner/proprietor must live in the principal structure.

(6)

Signage. Advertisement shall be limited to a nonilluminated name plate, not to exceed two (2) square feet in size, which shall be attached to the dwelling.

(7)

Sale or display of merchandise. The sale and/or display of merchandise of any type or nature shall be prohibited.

(8)

Services. Only lodging and meals may be provided, and no ancillary activities or services (such as receptions, weddings, or fund raisers) shall be permitted.

(9)

Meals. Meals other than breakfast shall not be served. Breakfast shall be served only to paying overnight guests. Guest rooms shall not contain cooking facilities.

(Ord. No. 2643, § 4, 3-14-95)

(a)

A mobile building is any covered portable structure consisting of a permanent chassis constructed on a skid form of foundation and/or placed on concrete piers and anchored by the required number of tie-downs and which is to be used a principal or subordinate use of a building site intended for the enclosure of persons, animals, articles or chattels. Only limited on-site construction is required.

(b)

No mobile buildings shall be used as a main primary structure on any site unless approved by both the West Monroe Planning Commission and Board of Adjustments, except that the following temporary uses of mobile buildings shall be exempted from this review and permitted to be utilized for a period not to exceed one year (which period may be extended by the planning commission for good cause shown):

(1)

Building construction office (on-site);

(2)

Christmas tree sales office;

(3)

Disaster/emergency office;

(4)

Land development/subdivision office;

(5)

Utility company repair office.

(c)

A mobile building may be used as an accessory structure to a primary use in any residential, commercial or industrial district, if in compliance with all provisions of section 12-5024(c) relating to accessory structures.

(d)

No mobile building may be utilized for residential purposes as an accessory use in any residentially zoned district.

(e)

No mobile buildings shall be permitted either permanently or temporarily in any fire district of the city.

(Ord. No. 2662, § 1, 6-13-95)