Westwego City Zoning Code

ARTICLE II

- ZONING

Sec. 34-54. - Adoption.

Ordinance No. 1001 is hereby enacted so that the comprehensive zoning ordinance of the city shall read as follows in this article.

(Code 1976, § 20:101; Ord. No. 1001, § I, 6-14-1993)

Sec. 34-55. - Title.

This article shall be known, referred to and cited as "the Comprehensive Zoning Ordinance of the City of Westwego, Louisiana."

(Code 1976, § 20:102; Ord. No. 1001, § II, 6-14-1993)

Sec. 34-56. - Definitions.

For the purpose of this article, certain words and terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.

Accessory building and uses means a subordinate building or a portion of the main building, the use of which is incidental to that of the main building or land not used for a place of habitation or a living room, kitchen, dining room, parlor, bedroom or library. An accessory use is one that is incidental to main use of the premises.

Adult cabaret means any place or establishment which features dancers, go-go dancers, exotic dancers, male or female impersonators or similar entertainers or live entertainment and which excludes minors or from which minors are prohibited by statute or ordinance, and whether or not any such business is licensed to sell alcoholic beverages.

Adult establishment means any place, establishment or business which offers, advertises or is engaged in any activity, service, sale or display of any commodity which is prohibited by statute or ordinance to minors or which otherwise forbids sales to, or excludes minors by virtue of age; this definition, however, shall not apply to any business licensed to and whose primary purpose is the sale of alcoholic beverages.

Advertising sign, accessory. See Sign definitions.

Alley means a way affording a secondary means of access to property abutting thereon.

Apartment means a room or suite of rooms with culinary facilities designed for or used as living quarters for a single family.

Apartment hotel means a building designed for or containing both apartments and individual guest rooms or suites of rooms and apartments, wherein is maintained an inner lobby through which all tenants must pass to gain access to the apartments, and catering to permanent and not transient tenants, and which may furnish services ordinarily furnished by hotels, such as drug store, barbershop, cigar and newsstands, dining rooms when such uses are located entirely within the building with no entrance from the street nor visible from any sidewalk, and having no sign display visible from the outside of the building, indicating the existence of such use.

Apartment house. See Dwelling, multiple-family.

Basement. See Cellar.

Billboard. See Sign definitions.

Boardinghouse means a building other than a hotel where, for compensation and by prearrangement for a definite period, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.

Buildable area means the area of that part of the lot not included in the yards or open spaces herein required.

Building means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.

Building, height of, means the vertical distance measured from the average elevation of the grade at the front of the building to the highest point of the coping of a flat roof, to the mean height level between eaves and ridge for gable, hip, and gambrel roofs, and to the deck line of a mansard roof.

Bulletin board. See Advertising sign, accessory.

Cafeteria means a restaurant at which patrons serve themselves at a counter, taking the food to the tables to eat.

Camping and recreational equipment.

(1)

A "travel trailer" is a vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreational and vacation uses, permanently identified travel trailer by the manufacturer of the trailer and, when factory-equipped for road, having a body width not exceeding eight feet, a body length not exceeding 29 feet and a gross weight not exceeding 4,500 pounds.

(2)

A "pickup coach" is a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses, and limited to eight feet in width, 4,500 pounds in weight and 29 feet in length.

(3)

A "motorized home" is a portable dwelling designed and constructed as in integral part of a self-propelled vehicle, and limited to eight feet in width, 4,500 pounds in weight and 29 feet in length.

Carport means a canopy or shed, attached to the main building, open on two or more sides, for the purpose of providing shelter for one or more vehicles.

Cellar means an area below the first story having more than one-half of its height below grade and used for utilities, storage, garage for occupants of the building, or janitor or watchman quarters. A cellar so used shall not be considered as a story.

Clinic means an establishment used by physicians, surgeons, dentists, physiotherapists, psychiatrists, or practitioners in related specialties, where patients who are not lodged overnight are admitted for examination and treatment.

Club means buildings and facilities owned and operated by a corporation, association, person or persons for social, educational or recreational purposes, but not primarily for profit or to render a service that is normally carried on as a business.

Condominium means a dwelling unit, townhouse or apartment that is owned in fee simple with the undivided ownership, in common with other purchasers, of the common elements in the structure and including the land and its appurtenances.

Court means an open space that may or may not have access and around which is arranged a single building or a group of related buildings.

District means any section of the city in which these zoning regulations are uniform.

Dwelling means any building that is designed for or used exclusively for human habitation and other residential purposes. For the purpose of this article, such dwelling shall have a minimum finished habitable floor area of 1,000 square feet; the construction of which shall be subject to and governed by the Uniform Construction Code as provided in section 10-1, as amended from time to time, and the exterior wall material must be compatible with the existing residential development of the neighborhood.

Dwelling, multiple-family, means a structure containing three or more dwellings designed for or occupied exclusively by three or more families.

Dwelling, single-family, means a dwelling designed for or occupied exclusively by one family.

Dwelling, townhouse, means a single-family dwelling forming one of a group of two or more attached single-family dwellings separated from one another by party walls without doors, windows or other provisions for human passage or visibility through such walls from basement or cellar.

Dwelling, two-family, means a structure containing two dwellings designed for or occupied exclusively by two families.

Exterior wall material, means the material used for the exterior of a wall of any structure, provided that the exterior wall material(s) of the principal structure of a residential dwelling, shall be compatible with the existing residential development of the neighborhood. For the purposes of this chapter, compatibility shall mean construction using materials including, but not limited to, brick, stone, architectural block, stucco, glass, wood, fiber-cement siding and/or vinyl siding, and shall specifically exclude the use of prefabricated or corrugated metal panels.

Family.

(1)

One or more persons related by blood or marriage living together and occupying a single housekeeping unit with single culinary facilities or a group of not more than four persons living together by mutual agreement and occupying a single housekeeping unit with single culinary facilities on a nonprofit cost sharing basis. The usual domestic servants resident or immediate relative resident on premises shall be considered as part of the family and a second culinary facility shall be permitted only in the main structure when approved by an ordinance of no objection by the city, when the council is satisfied that granting approval will not seriously affect any adjoining property or the general welfare, and providing further that all residential property owners within 100 feet fronting on both sides of the street of such location be notified by certified mail and the entire area is posted and a covenant or agreement is recorded in the office of the clerk of court and a certificate furnished the director of inspection and code enforcement stating the name and the relationship of the relative and stating that the second culinary facility will be removed physically on the termination of the need for same by the persons specified in the covenant, or agreement.

(2)

In cases where the second culinary facility is permitted, this permission is granted only for a 12-month period and renewable each year through an ordinance of no objection by the city council, when the council is satisfied that granting approval will not seriously affect any adjoining property or the general welfare, and providing further that all residential property owners within 100 feet fronting on both sides of the street of such location be notified by certified mail and the entire area is posted.

Family day care home means a home operated by a person residing on the premises who receives pay for the day time care of one to ten children under seven years of age; however, after school hours, school holidays and school vacations, children under 17 years of age are permitted. The operating hours shall be from 7:00 a.m. to 6:00 p.m.; provided further that all such homes be licensed by the department of public welfare, and to conform to any other applicable laws.

Filling station means any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, lubricants, tires, or accessories except that indoor car washing, minor motor adjustment, and flat tire repair may be performed when incidental to the conduct of a filling station.

Floor area.

(1)

Commercial, business and industrial. The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls, or from the centerline of walls separating two buildings but not including:

Attic space providing less than seven feet of headroom.

Cellar space not used for retailing.

Outside stairs or fire escapes, roof overhangs and balconies.

Accessory water towers or cooling towers.

Accessory off-street parking spaces.

Accessory off-street loading area.

(2)

Residential. The gross horizontal areas of the several floors of the dwelling exclusive of garages, cellars and open porches, measured from the exterior faces of the exterior walls of a dwelling.

Frontage, street, means all the property abutting on one side of a street between two intersecting streets (crossing or terminating) or if the street is dead ended, then all the property abutting on one side between an intersecting street and the point at which the street dead ends.

Garage, parking, means a building, land or portion thereof designed or used for the temporary storage of motor-driven vehicles, with or without the retail dispensing, sale or offering for sale of motor fuels, lubricants, and tires, or indoor car washing, minor motor adjustment, and flat tire repair when such operations are incidental to the storage of motor-driven vehicles.

Garage, private, means an accessory building not exceeding 1,200 square feet in area designed or used for the storage of not more than four motor driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles stored shall be a commercial vehicle of not more than two-ton capacity.

Garage, public, means a building or portion thereof, other than private or parking garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor driven vehicles.

Garage, storage, means a building or portion thereof designed or used for storage only of five or more motor driven vehicles pursuant to previous arrangements and not to transients, and at which automobile fuels and lubricants are not sold and motor vehicles are not equipped, hired, repaired or sold.

Grade means the elevation of the ground at a building or building site.

Holding bar means an area of a restaurant at which alcoholic beverages may be prepared and served across the bar provided that the bar area does not exceed 30 percent of the entire area of the restaurant and that in no case shall the area exceed 600 square feet, that no live entertainment be allowed, that the only entrance to the bar be through the restaurant and further provided that the bar be only open to the public while food is being served in the restaurant's dining area.

Home occupation means any occupation within a dwelling and clearly secondary thereto, carried on by a member of the family residing on the premises provided that no person not a resident of the premises is employed, that not more than 15 percent of the floor area of the dwelling is used for the home occupation, and no stock in trade is kept or commodities sold, no mechanical equipment is used except such that is normally used for family, domestic, or household purposes, and there is no exterior indication other than a small nameplate of not more than two square feet that the building is being used for any purposes other than a dwelling. When within the requirements of this definition, a home occupation includes but is not limited to the following: the secondary professional office of a lawyer, engineer, architect, journalist, accountant or other professional person, and salesman, real estate agent, insurance agent and mail-order service provided that the stock or commodity connected with the service are not delivered to or from the premises. Other similar occupations including musical instruction limited to not more than one pupil at a time; the occupation of an artist, photographer, draftsman, tailor or milliner or seamstress shall also be deemed to be home occupations. The following shall not be interpreted as home occupations: dancing instructions, band instrument instruction groups, tearooms, tourist and real estate offices, convalescent homes, mortuary establishments, stores, trades, offices of a physician or a dentist where mechanical equipment is used or business of any kind not herein excepted. In addition to the required parking for the residential use of the property, all property on which a home occupation is to be located, shall have a minimum of at least one additional parking space exclusive of that which is required for the residential use of the property.

Home occupation mailing address means a resident of any dwelling may make application to use his home address for mailing and telephone service and recordkeeping for business purposes only; under no circumstances can the address be utilized for advertising, telephone book listings, storing merchandise, equipment, material or supplies, posting business signs, or the keeping of employees; under no circumstances can any merchandise, equipment, material or supplies be stored at any other residential structure within city limits. At no time shall a resident of a dwelling unit operating under such limited permission be considered as operating as a home occupation or enjoy any of the rights permitted under the "home occupation" definition.

Home occupation mailing address agreement means applicants for a home occupation mailing address shall sign an agreement with the city which states the business will participate only in the aforementioned restricted activities. (See Exhibit "A" attached to Ord. No. 1230.)

Hospital means a building or portion thereof designed or used for therapeutic treatment of bed patients who are physically or mentally ill.

Hotel means a building used as an abiding place of more than 20 persons who for compensations are lodged, meals provided, no provision is made for cooking in individual rooms or suites and in which ingress and egress to and from all rooms is through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public contradistinction to a boardinghouse, or an apartment, which are herein separately defined.

Hotel, apartment. See Apartment hotel.

House trailer means a trailer which is a detached movable unit, designed for conveyance or transportation, after fabrication, on streets or highways on its own wheels or on a flatbed or other trailer; and is constructed and designed for use as a place of habitation, living abode, or sleeping place either permanently or temporarily. For the purpose of this section, the term "house trailer" shall include the following:

(1)

Movable unit, intended for family occupancy originally equipped with or having a vehicular chassis but lacking one or more of the following mechanical systems and equipment; plumbing, heating, electrical, cooking and refrigeration.

(2)

Movable unit, intended for family occupancy originally equipped with or having a vehicular chassis and provided with all of the following mechanical systems and equipment, plumbing, heating, electrical, cooking and refrigeration, but not constructed in compliance with the National Mobile Home Construction and Safety Standard Act, 42 USC 5401 et seq., and federal regulations promulgated pursuant thereto.

(3)

"Mobile homes" or "manufactured homes" which are classified by law as movable or chattels or are otherwise subject to the provisions of R.S. title 32, Motor Vehicles and Traffic Regulations.

Institution means a building or group of buildings designed or used for the nonprofit, charitable, or public service purposes of providing board, lodging and health care for persons aged, indigent, or infirm, or for the purpose of performing educational or religious services and offering board and lodging to persons in residence.

Laundromat means a business providing for the hire and use on the premises of home type washing, drying and/or ironing machines.

Loading space means a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks.

Lodginghouse means a building other than a hotel where lodging for three but not more than 20 persons is provided for definite periods of compensation pursuant to previous arrangement.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this article including permitted buildings together with accessory buildings, the yard area and parking spaces required by this article, and having its principal frontage upon a publicly owned street.

Lot, corner, means a lot, abutting upon two or more streets at their intersection.

Lot, depth of, means the average horizontal distance between the front and rear lot lines.

Lot, interior, means a lot, other than a corner lot.

Lot lines means the lines bounding a lot.

Lot of record means a lot which is either part of a subdivision, the map of which has been recorded in the office of the clerk of the district court of the Parish of Jefferson prior to August 28, 1958, or a parcel of land which became legally established and defined by deed or act of sale prior to August 28, 1958.

Lot width means the average horizontal distance between side lot lines.

Lot, through, means a lot having frontage upon two approximately parallel streets; also, a lot of double frontage.

Major street means a street or highway shown as a major street upon the street plan of the city.

Massage parlor means any place, establishment, club or business by whatever name designated which offers, advertises or is equipped or arranged so as to provide as its primary purpose or as a substantial or significant portion of its services, any of the following: physical massage of the person, body rubs, alcohol rubs, baths, steam baths, hot box, magnetic baths or any other similar services commonly rendered by such establishments; the following, however, shall not be included within this definition of massage parlor:

(1)

Establishments or businesses which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed practical nurse or a registered professional nurse.

(2)

Establishments or businesses that provide electrolysis treatment by a licensed operator of electrolysis equipment.

(3)

Hospitals, nursing homes, medical clinics or medical offices.

(4)

Barbershops or beauty parlors which offer massage to the scalp, the face, the neck or the shoulders only, or which are operated by or employ licensed cosmetologists or licensed barbers performing functions authorized under the license held.

(5)

Any establishment or business operated by or employing licensed psychologists, licensed physical therapists or licensed athletic trainers performing functions authorized under the license held.

(6)

Establishments or businesses that are registered with the state board of massage therapy as massage establishments providing massage therapy by a licensed massage therapist.

Mini-storage structures means any commercial structure offering storage space for lease to general public for the storage of household goods, furniture, appliances, automobiles, boats, recreational equipment and other similar type wares except for those that are highly flammable or combustible.

Minor street means a street or highway not shown as a major street upon the street plan of the city.

Mobile home means a factory assembled, residential unit, transportable in one or more sections and ready for occupancy except for minor and incidental unpacking and assembly operations, all as more particularly defined and governed by R.S. 51:911.21 et seq., Uniform Standards Code for Mobile Homes and Manufactured Housing.

Mobile home park means an area providing a minimum of three spaces where mobile homes used for dwelling purposes can be or are intended to be located and connected to all required utilities for a minimum period of not less than 60 days.

Motel. See Tourist court.

Nonconforming use means any building or land lawfully occupied by or used at the time of the passage of the ordinance from which this article is derived that after passage does not conform to the use regulations of the district in which it is located. Improvements existing at time of passage of the ordinance from which this article is derived not meeting required parking and loading regulations, height regulations, and area regulations for the district in which they are situated shall not be considered as nonconforming use.

Nursing or convalescent home means a building designed or used in whole or in part to provide, for compensation, the care of the ill, senile or otherwise infirm persons resident on the premises.

Outdoor advertising signs. See Sign definitions.

Parking area means an area of a lot used as an off-street parking facility, enclosed or unenclosed, including parking spaces and access drives and limited to the parking of vehicles used to transport students to and from schools and churches, automobiles, station wagons and pickup trucks of no more than one-ton capacity in residential areas except as allowed in private garages.

Parking space means an impervious, hard surfaced area, enclosed in a main building or in an accessory building or unenclosed, having a rectangular area of not less than 200 square feet, with a minimum width of ten feet when unenclosed, or 180 square feet, with a minimum width of nine feet, when individually enclosed on two or more sides, exclusive of driveways, permanently reserved for the storage of one automobile. Said space must be connected with a street or alley by an impervious hard surface driveway at least eight feet in width providing unobstructed ingress and egress for motor vehicles, and further provided that all parking spaces, lanes and aisles (see sketch in appendix, marked "A," attached to Ordinance No. 1001).

Parking space compact vehicles means an impervious, hard surfaced area having a rectangular area of not less than 120 square feet with a minimum width of eight feet and minimum length of 15 feet. Said space must be connected with a street or alley by an impervious hard surface driveway at least eight feet in width providing unobstructed ingress and egress for motor vehicles, and further provided that all parking spaces, lanes and aisles (see sketch in appendix, attached to Ord. No. 1001). In required parking areas of 50 spaces or more, a maximum of 25 percent of the minimum off-street parking requirement may be allocated to compact car spaces. Compact car spaces shall be clearly designated and all necessary markings and signs shall be maintained and/or replaced on a regular interval as may be necessary. When existing parking areas are redesigned to accommodate compact car spaces, the old signs and space markings shall be removed or completely covered in an appropriate manner as approved by the office of public works engineering. Compact car spaces shall be designated in groups as much as possible rather than intermingled with large car spaces in single spot spacing. These provisions shall not apply to general business, commercial or personal services establishments catering to retail trade, including supermarkets, hospitals, residential use, restaurants and lounges, theaters, auditoriums, sport arenas and places of public assembly.

Place means an open, unoccupied space other than a street or alley permanently reserved as the way of access to abutting property.

Planning director means the director of the planning department, or his duly authorized representative, agent or employee, as so designated by him.

Restaurant means a retail establishment offering food and beverages for consumption on the premises. A restaurant may contain a holding bar or a service bar. Restaurants include cafeterias.

Roominghouse. See Lodginghouse.

School, trade or industrial, means an establishment, public or private, offering training to students, in skills required for the practice of trades and in industry.

Service bar means an area of a restaurant at which alcoholic beverages may be prepared to serve patrons of the dining room area only, provided no alcoholic beverages will be sold across the bar.

Service station means a building, structure or land used for dispensing, sale or offering for sale at retail, any automobile fuels, lubricants, or accessories and in connection with which is performed general automobile servicing as distinguished from automobile repairs.

Shopping center means a group of retail stores, planned and designed for the site upon which they are built.

Sign definitions.

Accessory sign means a sign relating only to the main use of the premises on which the sign is located, or indicating the name and address of a building or the occupants or management of a building on the premises where the sign is located.

Canopy sign means any sign attached to or hung from the underside of a canopy or marquee.

Detached sign means a sign not attached to or painted on a building but which is affixed to the ground. A sign attached to a flat surface, such as a fence or wall of an accessory building, shall be considered a detached sign.

Double-faced sign means a sign with two faces back to back, the angle between which is not greater than 90 degrees.

Flashing sign means an illuminated sign on which the artificial or reflected light is not maintained stationary or constant in intensity or color at all times when in use and actually (or giving the impression of being) flashing or blinking. Rotating signs are not interpreted as being flashing signs.

Flat sign means any sign attached to, and erected parallel to the face of, or erected or painted on the outside wall of a building and supported throughout its length by such wall or building, and not extending more than 18 inches from the building wall. Flat signs shall include marquee signs for the calculation of sign area, but shall not include canopy signs.

General advertising signs means any sign which is not an accessory sign, relating to a business activity, use or service not carried on the premises upon which the sign is placed, or to a product not sold, handled, produced or fabricated on the same premises upon which the sign is placed.

Illuminated sign means any sign to give forth artificial light or designed to reflect from one or more sources of artificial light erected for the purpose of providing a lighted sign.

Indirectly illuminated sign means a sign which does not produce artificial light from within itself but which is opaque and back lighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself.

Marquee sign means any sign attached to or hung from a marquee. For the purpose of this definition, a marquee is a covered structure projecting from and supported by the building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against the weather.

Movable sign. See Portable sign.

Portable sign means any sign display or advertising devise initially designed for being moved or transported and not attached permanently to a foundation or a permanent location on the building site.

Projecting sign means a sign that is attached to and projects more than 18 inches from the face of a wall or building, but not projecting above the parapet or eave line of the building.

Rotating sign means any sign, illuminated or nonilluminated, supported from a pedestal, pylon or other vertical support and where the face or faces thereof slowly revolve (no more than 20 revolutions per minute) and where the light source, if any, shall remain constant.

Roof signs means a sign above the roof of a building which is fastened to and supported by the roof of a building or a projecting sign which extends above the roofline or parapet wall of a building.

Sign means any structure, display, device or inscription which is located upon, attached to, or painted or represented on any land, on any building or structure, on the outside or inside of a window, or on an awning, canopy, marquee, or similar appendage, and which displays or includes any numeral, letter work, model, banner, emblem, insignia, symbol, device, light, trademark, or other representation used, as, or in the nature of, an announcement, advertisement, attention-arrestor, direction, warning or designation of any person, firm, group, organization, place community, product service, business, profession, enterprise, or industry.

Sign area means that area within a line including the outer extremities of all letters, figures, characters, and delineations, or within a line including the outer extremities of the framework or background of a sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building or part thereof, shall not be included in the sign area. Only one side of a double-faced sign shall be included in a computation of sign area. The area of a cylindrical sign shall be computed by multiplying one-half of the circumference by the height of the sign. The area of a sign made of individually cut out letters is the sum of the area of rectangles or triangles necessary to enclose each letter.

Stable, private, means an accessory building located on a lot of at least 20,000 square feet for the housing of not more than two horses or mules owned by a person or persons living on the premises and which horses or mules are not for hire or sale.

Stable, public, means a stable with a capacity for the housing of more than two horses or mules which stable may be operated for remuneration, hire, sale or tabling.

Story means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

Street means a public or private thoroughfare, affording the principal means of access to abutting property.

Street line means the line dividing a lot, tract, or parcel of land and a contiguous street; also, street right-of-way line.

Structural alteration means any change in the supporting members of a structure, such as bearing walls or partitions, columns, beams, or girders, and any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including but without the generality of the foregoing: advertising signs, billboards, back stops for tennis courts, fences and pergolas.

Tattoo parlor means any place or establishment which is operated for the principal business or primary purpose of marking the skin with indelible pigment or other such substance so as to produce a permanent design, mark or similar feature on the skin.

Tenant dwelling means a residential structure located on a bona fide farm and occupied by a nontransient farm worker employed by the farm owner for work on the farm.

Tourist court means a building or group of buildings designed and used to provide guest rooms primarily for automobile transients, each room or unit having a separate entrance opening out-of-doors or into a foyer, with parking space provided on the lot for use of guests of the court, operation of such court to be supervised by a person in charge at all hours. Tourist courts include auto courts, motels, motor courts, motor hotels, and motor inns.

Tourist home means a building other than a hotel where lodging is provided and offered for compensation for not more than 20 individuals and open to transient guests. A tourist home shall be considered as a dwelling use.

Trailer means any vehicle, covered or uncovered, without motive power, designed for carrying property or passengers, or designed to be used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which has been equipped with wheels or other devices for transportation from place to place, whether drawn or towed by a motor vehicle or other motive power or other means, or is otherwise subject to the provisions of R.S. title 32, Louisiana Highway Regulatory Act.

Trailer park means an area providing spaces where one or more auto trailers can be or are intended to be parked, with flush toilet and bathing facilities provided on the site; also trailer camp.

Welfare agency means an organization, public or private, offering professional social work services to individuals or groups.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of structure from the group upward except as otherwise provided herein. In measuring a yard to determine the width of the yard, the minimum horizontal distance between the lot line and the maximum permissible main building shall be the yard dimension.

Yard, front, means a yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the maximum permissible main building. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has the least dimension.

Yard, rear, means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between a rear lot line and the rear of the maximum permissible main building. On all lots, the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side, means a yard between the main building and the side lot lines and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and a side of the maximum permissible main building.

(Code 1976, § 20:103; Ord. No. 1001, § III, 6-14-1993; Ord. No. 1158, 11-13-2000; Ord. No. 1230, 3-10-2003; Ord. No. 1451, 6-11-2012; Ord. No. 1640, 5-13-2024)

Sec. 34-57. - District and land use regulations.

(a)

Establishment of districts. In order to classify, regulate and restrict the location and use of land, buildings and structures for trade, industry, residence, and other purposes; to regulate and restrict the height and size of buildings hereafter erected or structurally altered, the area of yards, courts and other open spaces and the density of population, all unincorporated areas of the city, are hereby divided into seven districts to be known as:

(1)

B-1 Batture District.

(2)

R-1 Single-Family Residential District.

(3)

R-2 Two-Family Residential District.

(4)

R-3 Multiple-Family Residential District.

(5)

C-1 Neighborhood Commercial District.

(6)

C-2 General Commercial District.

(7)

M Industrial District.

(8)

C-V-1 Village District.

(9)

SHD-1 Salaville Historic District.

(b)

Boundaries of districts. The boundaries of the various districts are shown upon maps entitled "Official Zoning Map, City of Westwego, Louisiana." Accompanying this map is an atlas of sectional maps, each being identified by a sheet number and accompanying key and legend explaining the symbols that appear on the sectional maps. The official zoning map, including both the index map and the sectional maps shall be kept on file in the office of city clerk. The official zoning maps, including both the index map and the sectional maps, are hereby made a part of this article; and all of said maps and notations, references and other information shown thereon shall form a part of this article as if all the matter and information set forth thereon were fully described and copies herein in extenso, said maps officially dated and adopted January 12, 1987.

(c)

Interpretation of district boundaries. Where uncertainty exists as to the boundaries of any district shown on said maps the following rules shall apply:

(1)

Where boundaries are indicated as following street and alley lines, lot and other boundary lines, watercourses and other natural topographic features such lines shall be construed to be boundaries.

(2)

In unsubdivided property or tracts, where a district boundary divides a lot, the location of such boundaries, unless same are indicated by dimensions, shall be determined by use of the scale appearing on such maps.

(3)

In case any further uncertainty exists, the planning director shall determine the location of boundaries.

(4)

Where boundaries are so indicated that they are approximately parallel to the centerline or street lines of streets or to the centerline or alley lines of alleys or the centerline or right-of-way lines of highways, such boundaries shall be construed as being parallel thereto and at such distance there from as indicated by dimension or scale shown on said maps.

(d)

Interpretation of district classification. For the purposes of this article, when a comparative analysis is required to determine if one district is more restrictive or less restrictive than another district, the following rule shall apply: the numerical listing assigned to each zoning district in subsection (a) of this section shall be controlling; the district having the lower number shall be more restrictive.

(Code 1976, § 20:104; Ord. No. 1001, § IV, 6-14-1993)

Sec. 34-58. - General provisions.

(a)

Restrictions on land, buildings and structures. Except as hereinafter provided:

(1)

Use. No building or structure shall be erected and no existing building shall be moved, altered, added to, or enlarged nor shall any land, building, structure, or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this article, or amendment thereto, as permitted in the district in which said land, building or structure or premises is located.

(2)

Height. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit established in this article or amendment, thereto, for the district in which such building or structure is located.

(3)

Percentage of lot occupancy. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building, or structure, be encroached upon or reduced in any manner, except in conformity with the building site requirements, and the area and parking space and yard regulations established by this article, or amendment thereto, for the district in which such building or structure is located.

(4)

Density of population. No building, structure or premises shall be erected, occupied or used so as to provide a greater density of population than is allowed under the terms of this article for the district in which such building, structure or premises is located.

(5)

Open space use limitation. No yard or open space provided about any building or structure for the purpose of complying with the regulations of this article, or amendments, thereto, shall be considered as providing a yard or open space for any other building structure, except as otherwise provided by this article.

(6)

Required lot and occupancy. Every building or structure hereinafter erected shall be located on a lot of record and in no case shall there be more than one building on one lot unless otherwise provided in this article.

(b)

Regulation of land under water. All lands within the unincorporated areas of the city, which are under water and are not shown as included within any district shall be subject to all the regulations of the district adjacent to the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they intersect.

(c)

Vacation of streets and public ways. Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley or public way shall automatically extend to the center of same, and all area included therein shall then become subject to all appropriate regulations of the extended districts.

(d)

Protection of major street rights-of-way. Every building or structure hereafter erected on any lot abutting on any street, shown as a designated street on the major street plan, shall in the computation of the front and side yard depths as hereafter required compute and measure the required depth from the right-of-way line as set out in the major street plan of the city.

(Code 1976, § 20:105; Ord. No. 1001, § V, 6-14-1993)

Sec. 34-59. - B-1 Batture District.

(a)

Description. The B-1 Batture District is composed of certain lands that are not protected by levees. Land uses permitted in this district will be limited to temporary development unless buildings or structures are erected or constructed in accordance with the provisions of section 10-1.

(b)

Permitted uses. In B-1 districts only the following uses of property shall be permitted:

(1)

Boat houses and boat docks for recreational purposes.

(2)

Bulletin boards for churches, temples, educational institutions or public buildings only and signs not exceeding 12 square feet in area, pertaining to the rental, lease or sale of a building, or land; provided, however, that not more than one sign of the above character shall be permitted on any lot.

(3)

Camping and recreational equipment may be parked or stored on private property subject to the following conditions:

At no time shall such parked or stored camping and recreational equipment be occupied or used for living, sleeping, or housekeeping purposes.

If said camping and recreational equipment is parked or stored longer than three days, the owner thereof shall register the same with the department of inspection and code enforcement, giving a full description of the camping and recreational equipment, the address where it is being parked or stored, and the period during which it is contemplated to be parked or stored.

If the camping and recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot.

Notwithstanding the provisions of subsection (b)(3) of this section, camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes.

(4)

Churches and temples.

(5)

Clubs, private or service, when approved by an ordinance by the city council, when the council is satisfied that granting approval will not seriously affect any adjoining property or the general welfare and further, that the planning department and advisory board hold public hearings and make recommendations to the council and that all property owners within 500 feet front on both sides of the street of such location, shall be notified by certified mail and the entire area shall be posted calling the attention of the public hearing for this purpose. Clubs approved by the council under this provision shall be recognized as conforming uses.

(6)

Farming, including the usual farm buildings and structures, and animal raising, trapping and fishing.

(7)

Golf courses and golf practice ranges.

(8)

Home occupations.

(9)

Libraries and museums, community centers, and buildings used exclusively by the federal, state or local government for public purposes except correctional institutions or mental hospitals.

(10)

Nature or natural parks and playgrounds.

(11)

Private clubs, lodges and recreational uses except commercial amusement enterprises operated for private profit.

(12)

Private gardens, truck gardens, greenhouses and nurseries for the propagation and cultivation of plants, when such plants, flowers and produce are not offered for sale.

(13)

Private or public recreational uses such as tennis courts, swimming pools, and golf courses, operated exclusively for private use and not for commercial purposes.

(14)

Public buildings and institutions of educational, religious, eleemosynary, philanthropic, or similar natures.

(15)

Public and private forests, parks, parkways, playgrounds wildlife reservations or similar conservation projects.

(16)

Public schools, educational institutions having curriculum the same as that ordinarily given in public schools, and kindergartens provided such kindergarten is located on a lot of at least 20,000 square feet.

(17)

Public utility structures and land.

(18)

Riding stables and kennels when located on a tract of at least ten acres and having no structure, pen, or corral housing animals closer than 200 feet to a property line.

(19)

Single-family.

(20)

Accessory buildings and uses customarily incidental to any of the uses listed in subsection (b)(1) to (19) of this section.

(c)

Height regulations. No building shall exceed 35 feet in height.

(d)

Area regulations.

(1)

Yard.

Front yard.

There shall be a front yard having a depth of not less than 20 feet; provided, however, that where the average depth of existing front yards on lots improved with buildings, located within 100 feet of either side of such lot, is less than the minimum required front yard, such lot may be the average of the existing front yards, however, no front yard shall be less than ten feet.

On through lots, the required front yard shall be provided on both streets.

Side yard.

There shall be two side yards, one on each side of the building, having a combined width of not less than 20 percent of the lot provided that in no case shall either side yard be less than five feet and provided further that the combined width of two side yards need not exceed 12 feet.

Rear yard. There shall be a rear yard having a depth of not less than 20 percent of the depth of the lot; provided, however, that the depth of such rear yard shall not be less than 15 feet and need not exceed 25 feet.

(2)

Lot area. Every lot upon which a dwelling is erected shall have an area of not less than 20,000 square feet per family; provided, however, that a single-family dwelling may be constructed upon any lot of record existing at the time of adoption of the ordinance from which this article is derived.

(e)

Off-street parking requirements. Off-street parking shall be provided as set forth in section 34-66.

(Code 1976, § 20:106; Ord. No. 1001, § V-A, 6-14-1993)

Sec. 34-60. - R-1 Single-Family Residential District.

(a)

Description. The R-1 Single-Family Residential District is composed of certain lands and structures having a low density, single-family residential character and additional open area where it is desirable and likely that such similar development will occur. Uses are limited to single-family residences and such nonresidential uses as are intended primarily to provide service to the adjacent neighborhood.

(b)

Permitted uses. In R-1 districts only the following uses of property shall be permitted:

(1)

Single-family dwellings.

(2)

Bulletin boards for churches, temples, educational institutions or public buildings only and signs not exceeding 12 square feet in area, pertaining to the rental, lease, or sale of a building, or land; provided, however, that not more than one sign of the above character shall be permitted on any lot.

(3)

Camping and recreational equipment. Camping and recreational equipment may be parked or stored on private property subject to the following conditions:

At no time shall such parked or stored camping and recreational equipment be occupied or used for living, sleeping, or housekeeping purposes.

If said camping and recreational equipment is parked or stored longer than three days, the owner thereof shall register the same with the inspection and code enforcement department, giving a full description of the camping and recreational equipment, the address where it is being parked or stored, and the period during which it is contemplated to be parked or stored.

If the camping and recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot. If this is not possible due to restricted access and it is in the front of the front building line it cannot be on city servitude, may not block sidewalks, and may not be on any public right-of-way. All camping and recreational equipment, including boats, must have up to date registration, license, tags, etc. and must not be on flat tires. Grass growing under or around them must be kept in an acceptable manner. No camping or recreational equipment, boat, trailer, etc. may be used as a storage container or shed.

Notwithstanding the provisions of subsection (b)(3) of this section, camping and recreational equipment may be parked anywhere on the premises for loading and unloading purposes.

Any camping and/or recreational equipment, boats, trailers, etc. that are deemed to be a public safety issue must be removed.

(4)

Churches and temples when the site has a minimum lot area of 15,000 square feet.

(5)

Clubs, private or service, provided the following criteria are met:

There is at least 50 feet between any such use and the adjacent residences.

The site has minimum lot area of 20,000 square feet.

Approval is obtained from the city council.

Clubs approved under this provision shall be recognized as conforming uses.

(6)

Home occupation uses.

(7)

Libraries, museums, and community centers. Any building or structure used exclusively by the city, or its assigns for public purposes, and any building used by the federal or state government for public purposes, except correctional institutions or mental hospitals, and only with the approval of the city council.

(8)

Parks and playgrounds.

(9)

Private gardens, truck gardens, greenhouses and nurseries for the propagation and cultivation of plants, only when such plants, flowers and produce are not offered for sale.

(10)

Private recreational uses such as tennis courts and swimming pools, as an accessory use.

(11)

Recreational uses, such as tennis courts, swimming pools, golf courses for clubs, commercial and/or private, provided the following criteria are met:

There is at least 50 feet between any such use and the adjacent residences.

The site for commercial clubs contain a minimum of not less than five acres.

Approval is obtained from the city council.

(12)

Public schools and educational institutions having a curriculum the same as that ordinarily given in public schools when located on lots containing a minimum area of not less than 20,000 square feet.

(13)

Public utility structures and lands.

(14)

Family day care homes provided the following criteria are met:

There be a minimum play area of at least 1,000 square feet which shall be enclosed to a height of not less than four feet nor more than six feet.

The occupation be carried on by a member of the family residing on the premises and that no person not a resident of the premises is employed.

Not more than 15 percent of the floor area of the dwelling is used for said occupation.

(15)

Nursery schools, preschools or kindergartens provided the following criteria are met:

It is an accessory use to a single-family dwelling.

The occupation be carried on by a member of the family residing on the premises and that no person not a resident of the premises is employed.

Not more than 15 percent of the floor area of the dwelling is used for said occupation.

The site has a minimum lot area of 10,000 square feet.

A minimum play area of 200 square feet for each child and such play area must be enclosed to a height of not less than four feet nor more than six feet.

There is a minimum of at least one additional parking space exclusive of that which is required for the residential use of the property.

All other state and parish licenses and/or permits are obtained or applied for by applicant.

There is no exterior indication other than a small nameplate of nor more than two square feet that the building is being used for any purpose other than a dwelling.

Approval is obtained from the city council.

(16)

Accessory buildings including private garages, and uses customarily incidental to any of the uses listed in subsection (b)(1) to (15) of this section, when located on the same lot not involving the conduct of a business.

(17)

Ceramic article manufacture or similar arts and crafts only as an accessory use to the single-family dwelling and conditioned upon furnishing the director of inspection and code enforcement an affidavit, renewable each 12-month period, stating that the person engaged in the manufacture of ceramic articles or similar arts and crafts is in compliance with the following criteria:

No products and/or services of any kind are sold from the premises.

All activities in connection with the manufacture of ceramic articles or similar arts and crafts are conducted only in an enclosed building.

The maximum kiln size is eight cubic feet and maximum electric or gas consumption intake is 50,000 British Thermal Units (BTUs).

No signs of any type are displayed from the premises.

(18)

Beauty shop or a barbershop provided the following criteria are met:

It is an accessory use to a family dwelling.

The occupation be carried on by a member of the family residing on the premises and that no person not a resident of the premises is employed.

Not more than 15 percent of the floor area of the dwelling is used for said occupation.

There be a minimum of at least one additional parking space exclusive of that which is required for the residential use of property.

There be no exterior indication other than a small nameplate of not more than two square feet that the building is being used for any purpose other than a dwelling.

All other state and parish licenses and/or permits are obtained or applied for by the applicant.

Approval is obtained from the city council.

(c)

Height regulations. No building shall exceed 35 feet in height.

(d)

Area regulations.

(1)

Yard.

Front yard.

There shall be a front yard having a depth of not less than 20 feet; provided, however, that where the average depth of existing front yards on lots improved with buildings, located within 100 feet of either side of such lot, is less than the minimum required front yard, the front on such lot may be the average of the existing front yards, however, no front yard shall be less than ten feet.

On through lots, the front yard shall be provided on both streets.

Side yard.

(2)

Lot area. Every lot upon which a dwelling is erected shall have an area of not less than 5,000 square feet.

(e)

Off-street parking requirements. Off-street parking shall be provided as set forth in section 34-66.

(Code 1976, § 20:107; Ord. No. 1001, § VI, 6-14-1993; Ord. No. 1574, 6-10-2019; Ord. No. 1601, 10-11-2021)

Sec. 34-61. - R-2 Two-Family Residential District.

(a)

Description. The R-2 Two-Family Residential District is composed of a certain area where it is desirable to recognize a greater density of residential use by provision for the placement of two-family dwelling units, but not permitting multiple dwelling structures.

(b)

Permitted uses. In R-2 districts only the following uses of property shall be permitted:

(1)

Any use permitted in an R-1 district.

(2)

Two-family dwellings.

(3)

Accessory buildings, including private garages, and uses customarily incidental to any of the uses listed in subsections (b)(1) and (2) of this section when located on the same lot and not involved in the conduct of a business.

(c)

Height regulations. No building shall exceed 35 feet in height.

(d)

Area regulations.

(1)

Yard.

Front yard.

There shall be a front yard having a depth of not less than 20 feet; provided, however, that where the average depth of existing front yards on lots improved with buildings, located within 100 feet of either side of such lot, is less than the minimum required front yard, the front on such lot may be the average of the existing front yards, however, no front yard shall be less than ten feet.

On through lots, the required front yard shall be provided on both streets.

Side yard.

Rear yard. There shall be a rear yard having a depth of not less than 20 percent of the depth of the lot; provided, however, that the depth of such rear yard shall not be less that 15 feet and need not exceed 25 feet.

(2)

Lot area.

Lots occupied by single-family dwellings shall contain an area of not less 4,000 square feet, a width of not less than 40 feet and a depth of not less than 75 feet, except on cul-de-sac lots the frontage may be measured at the front yard setback line.

Lots occupied by two-family dwellings shall contain an area of not less than 2,500 square feet per family.

(e)

Off-street parking requirements. Off-street parking shall be provided as set forth in section 34-66.

(Code 1976, § 20:108; Ord. No. 1001, § VII, 6-14-1993)

Sec. 34-62. - R-3 Multiple-Family Residential District.

(a)

Description. The R-3 Multiple-Family Residential District is composed of certain areas where it is desirable to recognize a higher density of residential use. Because of the greater density of population and concentration of vehicles, these districts are situated where they may be more easily served by public and commercial services and have easier access to thoroughfares and collector streets.

(b)

Permitted uses. In R-3 districts only the following uses of property shall be permitted:

(1)

Multiple-family dwellings.

(2)

Apartment hotels.

(3)

Boardinghouses and lodginghouses.

(4)

Cemeteries, provided that the location is limited to such areas where they may best serve as a transitional open use between less compatible uses and to locations abutting federal and state highways.

(5)

Clinics.

(6)

Clubs and lodges.

(7)

Institutions, but not to include penal, correctional or mental institutions.

(8)

Mobile home parks when located on a site of at least seven acres.

(9)

Nursery schools, preschools and kindergartens, privately operated must provide a minimum play area of 75 square feet for each child and such play area must be enclosed to a height of not less than four feet, nor more than six feet.

(10)

Professional offices.

(11)

A sign pertaining to the permitted uses in this district not to exceed 20 square feet in total area.

(12)

Accessory buildings and uses customarily incidental to any of the uses listed in subsections (b)(1) through (11) of this section, when located on the same lot and not involving the conduct of a business, including parking and storage garages, where the lot is occupied by a multiple-family dwelling, club, institution or other building requiring provisions for off-street parking.

(13)

Condominiums.

(c)

Height regulations. No building shall exceed in height the width of the right-of-way of the street upon which the building fronts, provided further that in no case shall the height of any building exceed 60 feet.

(d)

Area regulations.

(1)

Yard.

Front yard.

There shall be a front yard having a depth of not less than 20 of not less than 20 feet; provided, however, that where the average depth of existing front yards on lots improved with buildings, located within 100 feet of either side of such lot, and within the same block and zoning district, and fronting on the same street as such lot, is less than the minimum required front yard, the front yard may be the average of the existing front yards, provided, however, that no front yard shall be less than ten feet.

On through lots, the required front yard shall be provided on both streets.

Side yard.

For buildings not exceeding 35 feet in height there shall be two side yards, one on each side of the building, having a combined width of not less than 20 percent of the width of the lot, provided that in no case shall either side yard be less than five feet and provided further that the combined widths of the two side yards; need not exceed 15 feet.

For buildings the height of which is in excess of 35 feet the width of each required side yard shall be increased by three inches for each foot of building height in excess of 35 feet.

On corner lots, the side yard of the side of the lot abutting the side street shall not be less than ten feet except an accessory building which is not part of the main building may be located as near as five feet from the side of the lot abutting the side street provided the lot in the rear of the corner lot does not front the side street. However, this regulation shall not be construed to reduce the buildable width, after providing the required interior side yards, of a corner lot existing at the time of adoption of the ordinance from which this article is derived to less than 24 feet.

(2)

Lot area.

Lots occupied by single-family dwellings shall contain an area of not less than 4,000 square feet, a width of not less than 40 feet and a depth of not less than 75 feet, except on cul-de-sac lots the frontage may be measured at the front yard setback line.

Lots occupied by two-family dwellings shall contain an area of not less than 2,500 square feet per family.

Lots occupied by three-family dwellings shall contain an area of not less than 2,000 square feet per family.

Lots occupied by four-family dwellings shall contain an area of not less than 1,500 square feet per family.

Lots occupied by five-family dwellings shall contain an area of not less than 1,200 square feet per family.

Lots occupied by multiple-family dwellings shall contain an area as follows: six through 12 apartments: 1,000 square feet per family; 13 apartments: 12,300 square feet total lot area; 14 through 20 apartments: 900 square feet per family; 21 and 22 apartments: 18,200 square feet total lot area; 23 through 29 apartments: 800 square feet per family; 40 through 43 apartments: 31,500 square feet total lot area; 44 or more apartments: 700 square feet per family. This regulation shall not apply to dormitories, fraternities, sororities, or to the units of an apartment hotel not having culinary facilities.

(e)

Off-street parking requirements. Off-street parking shall be provided as set forth in section 34-66.

(Code 1976, § 20:109; Ord. No. 1001, § VIII, 6-14-1993)

Sec. 34-63. - C-1 Neighborhood Commercial District.

(a)

Description.

(1)

The C-1 Neighborhood Commercial District is composed of certain lands and structures used primarily to provide for the retailing of goods and the furnishings of selected services. Regulations for the district are intended to permit and encourage full development of the necessary commercial uses while at the same time protecting nearby residential areas from possible adverse effects of the commercial activity. It is expected that future commercial uses requiring this district classification will occur as planned, compact shopping centers located in proximity to the residential areas to be served. At such time as development of presently undeveloped areas of the city warrants the provision of additional commercial facilities, the planning director and the zoning advisory board will evaluate applications for such neighborhood commercial districts neighborhood commercial districts on the basis of the requirements described below. Upon finding by the planning director and the zoning advisory board that an area is suitable for and in need of a neighborhood commercial district, the area may be zoned, provided, however, that a time limit may be placed on the zoning action to ensure that development of the commercial structure will be carried out within a reasonable time.

(2)

This limitation is important since a distinguishing feature of the district is the necessity for the actual development to provide the surrounding residential area with the commercial facilities and services essential to stable neighborhoods. In no case will the neighborhood commercial district exceed a maximum area of ten acres. Conditions of fact to be determined by the planning director and the zoning advisory board as a basis for neighborhood commercial C-1 classification:

The neighborhood commercial district as proposed will not adversely affect the abutting residential areas.

The site development plan of the neighborhood commercial district provides for adequate vehicular and pedestrian access and circulation, and that the resulting concentration of traffic will not present problems of safety or impede normal traffic movement on adjacent streets.

The need for such neighborhood commercial district is justified on the basis of facts, submitted by the applicant, which clearly indicates that a present or potential market exists for the facilities and services proposed, and that existing zoned neighborhood commercial districts cannot adequately satisfy these needs.

(b)

Permitted uses. In C-1 districts only the following uses of property shall be permitted:

(1)

Any use permitted in an R-1 single-family district; however, residential uses will only be permitted in the main structure when in conjunction with permitted commercial uses in this district, provided such residential uses do not exceed 50 percent of the floor area of the structure, however, any existing residential use shall be recognized as a conforming use.

(2)

Bakeries, retail, employing not more than five persons.

(3)

Banks, including drive-in banks.

(4)

Barbershops and beauty shops.

(5)

Catering and delicatessen business; no food consumed on premises.

(6)

Clinic, medical, dental or chiropractic.

(7)

Convenient copying establishments limited to the usual office type copying equipment however, printing presses are not permitted with the exception of offset printing presses that have the capacity to print on paper no larger than 11 inches by 17 inches.

(8)

Custom dressmaking, millinery, tailoring or similar retail trades, employing not more than five persons on the premises.

(9)

Dry cleaning and laundries, collection and distribution stations, including pressing machines operated as part of the business, provided that no steam be discharged directly into the atmosphere, and said business not to employ more than five persons on the premises.

(10)

Funeral homes and mortuaries.

(11)

General retail stores having a gross floor area of not more than 7,500 square feet, or 12 percent of the total area of the commercial shopping center in which the retail store or establishment is located, whichever is larger.

(12)

Convalescent and nursing homes.

(13)

Nurseries and flower gardening.

(14)

Nursery schools, preschools, and kindergartens, privately operated must provide a minimum play area of 75 square feet for each child and such play area must be enclosed to a height of not less than four feet, nor more than six feet.

(15)

Offices, any office not exceeding 7,500 square feet in one building, in which goods, wares, and merchandise are not stored, exchanged or sold.

(16)

Schools.

(17)

Stands for public transit vehicles.

(18)

Accessory buildings and uses customarily incidental to the uses listed in subsections (b)(1) through (17) of this section, including a sign or bulletin board relating only to services, articles and products offered within the building or on the premises to which the sign is attached. Any building used primarily for any of the uses listed in subsections (b)(1) through (17) of this section may use no more than 25 percent of the floor area for storage purposes incidental to each operation.

(19)

Signs. The following illuminated or nonilluminated signs shall be permitted in the C-1 Neighborhood Commercial District:

Either a detached or roof sign shall be permitted, but not both. The sign area shall not exceed 1½ square feet for each linear foot of property frontage. On corner lots where either property line exceeds 300 linear feet, a second sign shall be permitted with the same requirements as for single frontage properties. The maximum area shall not exceed 300 feet and no point of the sign and/or structure thereof shall exceed the height limitation of the zoning district. There shall be only one sign, or two on corners as described above, per single lot of record with the exception of any theaters on the site. They shall be allowed to have a freestanding marquee type sign not to exceed 200 square feet in total area. No exposed structure shall be visible on a roof sign.

Total area for all other exterior signs combined shall not exceed three square feet per linear foot of each establishment's primary building frontage and shall not exceed 15 percent of this primary building frontage elevation based upon total sign area as described above. On corner properties, where more than one frontage is involved, half the requirements of area and percentage shall apply to all other sides. Signs painted on windows and awnings shall be included in total sign areas.

(20)

Veterinary clinics for small animals when located a minimum of 100 feet from any opening to any residential district.

(c)

Height regulations. No building shall exceed 45 feet in height.

(d)

Area regulations.

(1)

Yard.

Front yard.

There shall be a front yard having a depth of not less than 20 feet; provided, however, that where the structures located within 50 feet on both sides of the proposed use have observed a front yard line of less than 20 feet, then the proposed use may be located in line with the most rear yard of the two adjacent structures.

On through lots, the required front yard shall be provided on both streets.

Side yard.

No side yard is required except on the side of a lot abutting on a residential district, in which case there shall be a side yard of not less than five feet. Where a side yard, though not required, is provided, such side yard shall not be less than three feet.

On corner lots, the side yard of the side of the lot abutting the side street shall not be less than ten feet except an accessory building which is not part of the main building, may be located as near as five feet from the side of the lot abutting the side street provided the lot in the rear of the corner lot does not front the side street.

The side yard regulations for dwellings shall be the same as those in the R-3 Multiple-Family Residential District.

Rear yard.

A rear yard is not required except where a lot abuts upon a residential district, in which case there shall be a rear yard of not less than 20 feet in depth, where a rear yard, though not required, is provided, such rear yard shall be not less than three feet in depth.

The rear yard regulations for dwellings shall be the same as those in the R-3 Multiple-Family Residential District.

(2)

Lot area. When living facilities are erected above or in connection with other uses, the lot area per family regulation shall be the same as those in the R-1 Residential District.

(e)

Off-street parking requirements. Off-street parking shall be provided as set forth in section 34-66.

(f)

Loading zone requirements. Loading zones shall be provided as set forth in section 34-66.

(Code 1976, § 20:110; Ord. No. 1001, § IX, 6-14-2003)

Sec. 34-64. - C-2 General Commercial District.

(a)

Description. The C-2 General Commercial District is composed of certain land and structures used to provide for the retailing of goods and the furnishing of major services. This district characteristically occupies a larger area than the neighborhood commercial district since it is intended to serve a greater population and to offer a wider range of services. Full and complete development of all property in this district is of importance in order for the district to effectively serve its economic function. These districts are in general located along major thoroughfares and future expansion should desirably occur as an increase in depth of the district rather than further strip like extension along the thoroughfares.

(b)

Permitted uses. In C-2 districts only the following uses of property shall be permitted:

(1)

Any use permitted in C-1 Neighborhood Commercial District; however, any existing residential use shall be recognized as a conforming use.

(2)

Adult establishments and providing the following criteria are met:

The use shall be located a minimum of 500 feet from any residential district as measured along the nearest pedestrian walkway or sidewalk from the entrance of said use to the residential district line.

Approval of the use will not result in more than one such use per 500 linear feet as measured from the nearest point of the lot on which said use is proposed to the nearest point of the lot on which another such use is located.

The use shall be located a minimum of 1,000 feet from any existing school, nursery, kindergarten, church or place of worship.

The use shall be located a minimum of 1,000 feet from any park or recreational area.

All necessary state and parish licenses and/or permits are obtained or applied for by the applicant.

(3)

Amusement enterprises including the provision of stage entertainment, bowling alleys, skating rinks and poolrooms.

(4)

Animal hospitals and veterinary clinics, provided any structure used for housing animals shall be a minimum of 100 feet from any residential district.

(5)

New vehicle, trailer and farm equipment sales.

(6)

Barrooms, nightclubs and lounges when located a minimum of 500 feet from any residential district measured along the nearest pedestrian walkway from the entrance to the residential district line.

(7)

Drive-in theaters provided acceleration and deacceleration lanes at least 200 feet in length are provided for the use of vehicles entering and leaving the theater and the volume of concentration of traffic will not constitute a safety hazard or unduly impede highway traffic movements and provided further that the entire lower half of the picture screen not be visible by passengers in moving vehicles within 1,000 feet of such a screen.

(8)

Funeral homes, mortuaries, and undertaking establishments.

(9)

Garages; public, storage and repair, provided all repair operations, mechanical and body, are conducted in a building having no opening other than stationary windows, within 100 feet of a residential district and, provided further, that no parts or waste material shall be stored outside the building, provided further that damaged automobiles and/or other vehicles awaiting repair must be stored in an area enclosed with a solid wood or masonry fence of such height as to adequately screen the area from public view.

(10)

Filling stations.

(11)

Hotels.

(12)

Laundries employing not more than ten persons (exclusive of drivers or other employees who spend the greater part of their working time away from the premises).

(13)

Laundries and dry cleaning establishment (combined operations) employing not more than 25 persons on the premises, and using only nonflammable solvents.

(14)

Laundromats.

(15)

Milk and ice distribution stations, but not including manufacturing or bottling.

(16)

Locker plants, renting lockers for storage of food.

(17)

Mini-storage structure, provided on corner lots the structure is set back 20 feet from front and side lot lines abutting the streets.

(18)

Motels, tourist courts and trailer parks.

(19)

Offices.

(20)

Outdoor advertising signs and billboards.

(21)

Parking garages, including parking lots.

(22)

Radio and television studios and broadcasting stations.

(23)

Retail stores and establishments.

(24)

Restaurants and cafeterias.

(25)

Stables, private or public.

(26)

Shops, light repair, employing not more than five persons on the premises.

(27)

Trade service and repair establishments employing not more than ten persons on the premises exclusive of routes, drivers and other employees who spend the greater part of their working time away from the premises, to include printing, electrical, plumbing, bicycle repair, television, radio and appliance repair and other similar services, and provided further all parts and waste material be stored in an area enclosed within a solid wood or masonry fence of such height as to adequately screen the area from public view.

(28)

Stores, retail having a gross floor area of not more than 25,000 square feet or 12 percent of the total area of the commercial shopping center in which the retail store is located, whichever is larger, including restaurants and cafeterias, however, retail seafood market establishments which are located within 100 feet of a residential district will only be permitted when the following criteria are met: There shall be at least 50 feet between any such use and the adjacent residences. Approval is obtained from the city council.

(29)

Similar uses, accessory buildings, warehouses, and uses customarily pertinent to the above uses when located on the same lot and provided that articles or materials are not stored in open area outside the building unless the area is enclosed within a solid fence of such height as to adequately screen the area from public view.

(30)

Taxi stands.

(31)

Signs. The following illuminated or nonilluminated signs shall be permitted in the C-2 General Commercial District. All requirements of the C-1 district shall apply except as follows:

For developments that exceed 400 linear feet of frontage along major streets or exceed five acres in total area shall be permitted to have one additional detached sign for each 400 linear feet of street frontage or fraction thereof in excess of 400 linear feet. On corner lots when either property line exceeds 300 linear feet a second sign shall be permitted with the same requirements as for single frontage properties. However, the minimum distance between detached signs shall be 300 linear feet. The sign area shall not exceed 3½ square feet for each linear foot of property frontage. The maximum area shall not exceed 450 square feet and no point of the sign, or structure thereof shall exceed the height limitation of the zoning district. There shall be only one sign per single lot of record except for developments as described above. Theaters shall be allowed to have a freestanding marquee type sign not to exceed 400 square feet in total area.

Permitted sign area of one flat sign may be increased by 100 square feet for each story above the fourth story on which the sign is located.

Total area for all other exterior signs combined shall not exceed 3½ square feet per linear foot of each establishment's primary building frontage and shall not exceed 20 percent of the primary building frontage elevation area. Signs may be located on any building elevation based upon total sign area as described above. On corner properties, where more than one frontage is involved, half the requirements of area and percentage shall apply to all other signs. Signs painted on windows and awnings shall be included in total sign area.

When signs are located 200 feet or more from the nearest right-of-way, a distance factor of two times the area of the signs shall be used in determining the total sign area, but the sign area shall not exceed 20 percent of the primary building frontage elevation area.

(32)

Manufacturing, processing, packing, or holding of food products.

(c)

Height regulations. No building or structure shall exceed 65 feet in height.

(1)

Yard.

Front yard. No front yard is required except where the frontage on one side of the street between two intersecting streets is partially in a C-2 district and partially in a residential district, in which case the front yard regulations of the residential district shall apply.

Side yard. No side yard is required except on the side of a lot abutting on a residential district, in which case there shall be a side yard of not less than five feet; provided, however, that a corner lot whose rear line abuts on a residential district shall have a side yard, on the street side, not less than ten feet in width. Where a side yard, not required, is provided such side yard shall have a width of not less than three feet.

Rear yard.

No rear yard is required except where a lot abuts upon a residential district, in which case there shall be a rear yard of not less than 15 feet. Where a rear yard, though not required, is provided, such rear yard shall have a depth of not less than three feet.

Rear yard regulations for residential uses shall be the same as those in the R-3 Multiple-Family Residential District.

(2)

Lot area. When living facilities are erected above or in connection with other uses, the lot area per family regulation shall be the same as those in the R-3 Multiple-Family Residential District.

(d)

Off-street parking requirements. Off-street parking shall be provided as set forth in section 34-66.

(e)

Loading zone requirements. Loading zones shall be provided as set forth in section 34-66.

(Code 1976, § 20:111; Ord. No. 1001, § X, 6-14-1993; Ord. No. 1411, 1-10-2011; Ord. No. 1496, 9-8-2014; Ord. No. 1646, 8-12-2024)

Sec. 34-65. - M Industrial District.

(a)

Description. The M Industrial District is composed of lands so situated as to be adapted to industrial development. The purpose of this district is to permit normal operations of industrial uses under such conditions as will protect adjacent industrial, commercial and residential uses.

(b)

Permitted uses.

(1)

No use shall be established in an M Industrial District without the approval of the city council through the adoption of an ordinance of no objection.

(2)

A special permit must be obtained before construction of business or industrial structures. This special permit is in addition to any building permits or other permits required by the Westwego Code of Ordinances. All applications for special permits for the construction of business or industrial structures shall be approved by the mayor and city council at the regular monthly meeting or at a special meeting called by the mayor. After an application for a special permit for construction of business or industrial structures is approved by the mayor and city council, the city clerk shall issue the permit for a minimum fee of $25.00. Higher fees may be assessed by the mayor and city council depending upon the type of use or building permit applied for. No building or structure shall be erected, reconstructed or structurally altered for residential use except for dwelling quarters for watchmen and caretakers employed upon the premises.

(3)

Processing, refining or bulk storage of flammable and combustible liquids as defined by the National Fire Protection Association Flammable and Combustible Liquids Code (NFPA 30 1984) or as subsequently amended and adopted by the city council, provided the following criteria are met:

The proposed use shall be compatible with and shall not adversely affect other property in the area and in no case shall the proposed use be located within 1,000 feet of any structure used for human occupancy; provided, however, that this occupancy provision shall not apply to occupancy required for the processing, receiving or storage of these hazardous materials.

The minimum site area is 100,000 square feet and the structure coverage shall not exceed 50 percent of the site area.

All petroleum distribution plants, bulk storage tanks and refineries shall be set back from all property lines a distance of not less than 200 feet. In addition, the minimum shell-to-shell spacing between all bulk storage tanks shall be three times the NFPA 30 standard.

The street system, ingress and egress, off-street parking, loading, and pedestrian ways shall be adequate and in accordance with this Code.

Adequate safeguards shall be provided to limit obnoxious or offensive emissions of smoke, gases, vibration, light, noise, glare, dust and odors, or other noxious or offensive fumes and these safeguards regarding the foregoing shall be presented to the city and shall minimize adverse impacts and nuisance in accordance with the best available technology.

Open space shall be maintained by the owner/developer sufficient to provide ready access to fire and emergency equipment.

The proposed use shall comply with the National Fire Association Code Standards as adopted by the city council.

Any proposed change in use or processing, including any changes in the use of the product or products themselves which may affect emission data previously submitted, shall be submitted to the city council for an ordinance of no objection in accordance with this section.

In the event any of the above standards or regulations are in conflict, the more restrictive shall govern.

(c)

Height regulations. There is no limit in height, except that when a structure in an M Industrial District adjoins or abuts upon a residential district such structure shall not exceed the maximum height permitted in the residential district unless it is set back from all yard lines required in subsection (d)(1) of this section one foot for each foot of additional height in excess of the height so permitted.

(d)

Area regulations.

(1)

Yard.

Front yard. No front yard is required except where the frontage on one side of a street between two intersecting streets is partially in an M District and partially in a residential district, in which case the front yard regulations of the residential district shall apply.

Side yard.

No side yard is required except on the side of a lot abutting on a residential district, in which case there shall be a side yard of not less than five feet; provided, however, that a corner lot whose rear line abuts on a residential district shall have a side yard, on the street side, not less than ten feet in width. Where a side yard, though not required, is provided, such side yard shall have a width of not less than three feet.

Rear yard. No rear yard is required except where a lot abuts upon a residential district, in which case there shall be a rear yard of not less than 15 feet. Where a rear yard, though not required, is provided, such yard shall have a depth of not less than three feet.

(2)

Lot area. The minimum lot area for all uses within an M Industrial Zone is 100,000 square feet.

(e)

Off-street parking requirements. Off-street parking shall be provided as set forth in section 34-66.

(f)

Loading zone requirements. Loading zones shall be provided as set forth in section 34-66.

(Code 1976, § 20:112; Ord. No. 1001, § XI, 6-14-1993; Ord. No. 1489, 7-14-2014; Ord. No. 1649, 10-14-2024)

Sec. 34-66. - Off-street parking and loading regulations.

(a)

General requirements.

(1)

Off-street parking facilities for one-family, two-family, three-family, four-family dwellings, condominiums and townhouses shall be located on the same lot or plot of ground as the building to be served and shall not be located in the required front yard area. In cases where the one-family, two-family, three-family, four-family dwellings, condominiums and townhouses front a street with a right-of-way less than 50 feet in width, the off-street parking facilities for such dwellings, condominiums and townhouses shall be located 45 feet from the centerline of the street. The location of off-street parking facilities for other uses shall not be more than 300 feet distance measured along the nearest pedestrian walkway; provided, however, that the zoning classification of such land is the same as, or less restrictive than the classification of the lot upon which the main use is located except as hereinafter provided. Such parking space shall be established by a recorded covenant or agreement on parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designed as required parking space, such encumbrance to be valid for the total period of the use or uses for which the parking is needed and in existence. Such agreement or covenant shall be duly recorded in the office of the clerk and a certificate furnished the director of inspection and code enforcement.

(2)

Parking requirements for two or more uses of the same or difference type may be satisfied by the allocation of a common or collective parking facility. Such facility shall not be less than the sum of the requirements for the individual uses computed separately.

(3)

Area reserved for off-street parking or loading in accordance with the provisions of this section shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified except where equivalent off-street parking or loading space is provided.

(4)

For uses not specifically mentioned in this section, the requirements for off-street parking and loading facilities for a similar use specifically mentioned in this section shall apply.

(b)

Off-street parking requirements. Off-street automobile parking space shall be provided on any lot that any of the following listed uses are hereafter established subject to the reservation of a maximum of 25 percent of the total parking area for compact vehicles and in accordance with the schedule shown. When a use is increased in capacity by the addition of dwelling rooms, guest rooms, floor area or seats, the minimum off-street parking shall be provided for such increase:

Use	Space
Automobile repair garage	1 space for each employee
Boardinghouses and lodginghouses	1 space for each bedroom plus 1 additional space for resident manager
Bowling alleys	5 spaces per alley
Business and professional offices	1 space for each 300 square feet of gross floor area
Churches, temples and other places of worship	1 space for each 10 seats in main auditorium
Clinics	1 space for each 400 square feet of gross floor area
Clubs and lodges	1 space for each 3 members plus 1 space for each 60 square feet of gross floor area that is available to the general public
Commercial manufacturing and industrial establishments not catering to retail trade	1 space for each 3 employees on the largest work shift plus 1 space for each company vehicle operating from the premises
Dance halls, exhibition halls, bingo halls and places and gymnasiums	1 space for each 60 square feet of gross floor area
Single-family dwellings	1 space per dwelling unit
Two-family dwellings	1 space per dwelling unit
Three-family and four-family dwellings	2 space per dwelling unit
Multiple-family dwellings	2 spaces per dwelling unit
Furniture stores, appliance centers, and computer stores	1 parking space for every 3 employees plus 1 parking space for each 600 square feet of gross floor area
General business, commercial or personal service establishments catering to retail trade, including supermarkets	1 space for each 200 square feet of gross floor area
Home occupations	1 space in addition to the parking spaces required for residential use
Hospitals	1 space for each 4 beds plus 1 space for each staff doctor plus 1 space for each 4 employees including nurses
Hotels, apartments	1½ spaces per dwelling unit plus 1 additional space for each 4 employees
Hotels, transient guest	1½ spaces for each bedroom plus 1 additional space for each employee
Kennels and animal hospitals	1 space for each 400 square feet of gross floor area
Kindergartens, family day care homes, nursery schools or preschools	1 space for each 10 children
Libraries and museums	1 space for each 400 square feet of storage area
Mini-storage structure	1 space for each 1,000 square feet of storage area
Motels and tourist homes	1 space for each guest bedroom plus 1 additional space for resident manager
Nursing and convalescent homes and institutions	1 space for each 8 beds
Restaurants and lounges	1 space for each 150 square feet of gross floor area
Riding stables	1 space for each 400 square feet of covered area of such stable
Roadside stands	5 spaces for each such establishment
Schools, dancing and music	1 space for each 10 pupils or students
Schools, public and private
Elementary and junior high schools	1 space per classroom, laboratory, or manual training shop
High schools	4 spaces per classroom, laboratory, or manual training shop
Colleges, universities, trade, industrial and business schools	6 spaces per classroom, laboratory or other teaching room
Schools having auditoriums	Parking space requirements for schools having a gymnasium or auditorium should be computed on the basis of the larger number obtained by using either number of spaces per classroom or 1 space per 75 square feet of gross floor area if there is a gymnasium on the school site, or 1 space for each 4 seats if there is an auditorium on the school site
Skating rink	1 space for each 150 square feet of gross floor area
Theaters, auditorium sports arenas and public assembly	1 space for each 3 seats
Townhouses	1 space for each dwelling unit

(c)

Off-street loading requirements.

(1)

Every hospital, institution, hotel, commercial or industrial building or use having a gross floor area in excess of 7,500 square feet and requiring the receipt of distribution vehicle of materials and merchandise shall have at least one permanently maintained off-street loading space for each 7,500 square feet of gross floor area or fraction thereof and so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(2)

Retail operations, wholesale operations and industrial operations with a gross floor area of less than 7,500 square feet shall provide sufficient off-street loading space (not necessarily a full berth if facility is shared by an adjacent establishment) so as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(Code 1976, § 20:113; Ord. No. 1001, § XII, 6-14-1993)

Sec. 34-67. - General sign regulations.

(a)

Sign regulations. Requirements herein not to include signs erected by a government agency in furtherance of public safety.

(1)

Unless otherwise specified in this article, all signs shall comply with the yard requirements of the district in which they are located.

(2)

Signs may be erected in the required front yard only in R-3 Multiple-Family Residential District, C-1 Neighborhood Commercial District, C-2 General Commercial District, M-1 Industrial District provided they are located a minimum of 75 feet from an R-1 Single-Family Residential District, and R-2 Two-Family Residential District.

(3)

Animated and scintillating lights are permitted only in C-2 General Commercial Districts and such lights shall be limited to 11 watts of illumination.

(4)

Beacon lights are permitted only as required by the Federal Aviation Administration or other governmental agencies.

(5)

Pennants, banners, streamers, and other fluttering, spinning or similar type signs and advertising devices are prohibited except for national flags and flags of political subdivisions of the United States and except for flags of bona fide civic, charitable, fraternal, religious and welfare organizations and that no more than three flags that carry the name and/or logo of a company or business which is located on the premises where the flags are displayed, provided that during nationally recognized holiday periods, or during a special civic event, such as Mardi Gras, pennants, banners and streamers pertaining to said period or events may be displayed on a temporary basis upon resolution of the city council.

(6)

Roof signs on buildings shall not project more than six feet above the highest point of main structure except on the West Bank Expressway.

(b)

General advertising sign regulations.

(1)

Only one general advertising sign shall be permitted per every 500 feet distance on the same side of the street, measured in a straight line along the front property line. Corner lots can have general advertising signs that can be single-faced or double-faced only.

(2)

General advertising signs are permitted only in C-2 and M-1 districts.

(3)

Maximum length shall be 50 feet and maximum area shall be 850 square feet.

(c)

General sign permit and inspection regulations. The following regulations apply generally to all signs and are in addition to the regulations contained elsewhere in this article:

(1)

No sign, unless herein excepted, shall be erected, constructed, posted, painted, altered, maintained, or relocated except as provided in this section and in these regulations until a permit has been issued, by the director of inspection and code enforcement. Before any permit is issued, an applications, especially provided by the director of inspection and code enforcement shall be filed together with two sets of drawings and/or specifications prepared by a licensed architect or engineer and bearing his seal and statement to the effect that the drawing and/or specifications were by him or under his supervision (one to be returned to the applicant), as may be necessary to fully advise and acquaint the director with locations, construction, materials, manner of illumination, and/or securing or fastening, the number of signs applied for, and the wording of the sign or advertisement to be carried on the sign, except in the case of general advertising signs, or accessory signs where the copy of advertising is anticipated to be changed periodically and where such wording or advertising is not needed in computing the area of the sign, or in cases where signs contain a total area of less than 20 square feet. All signs that are electrically illuminated by neon or by any other means shall require a separate electrical permit and inspection and the UL seal of approval. All signs shall be erected on or before the expiration of six months from the date of issuance of the permit: otherwise the permit shall become null and void and a new permit shall be required. Each sign requiring a permit shall be clearly marked with the permit number and name of the person firm placing the sign on the premises. Such markings shall be placed on sign or support no higher than six feet above the finish grade of site. Fees for sign permits shall be per the city building code.

(2)

Structural and safety features and electrical systems shall be in accordance with the requirements of the city building code. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this article and other applicable technical codes.

(3)

A sign or bulletin board not exceeding 12 square feet in area may be erected for the purpose of displaying the name and activities of a church, institution, club, organization, business or commercial establishment on whose premises it is displayed or to indicate the name or location of a community or public institution.

(4)

A maintenance certification sticker shall be obtained for every sign on the premises in existence and the city shall conduct a sign inventory and a fee shall be collected by the director of inspection and code enforcement. The one-time sign inventory fee for existing signs shall be as follows:

Sign Type	Less Than 50 Square Feet	50 to 99 Square Feet	100 Square Feet or More
Wall (nonelectric)	$ 5.60	$ 7.25	$ 8.85
Wall (electric)	8.85	10.45	12.10
Ground, roof, projecting (nonelectric)	7.25	8.85	10.45
Ground, roof, projecting (electric)	10.45	12.10	13.70

All nonconforming signs shall be labeled as such under this provision.

(d)

Exemptions from these provisions. The following signs are exempted from the provisions of these regulations and may be erected or constructed without a permit, but in accordance with the structural and safety requirements of the building code:

(1)

Official traffic signs or sign structures and provisional warning signs or signs' structures, when erected or required to be erected by a governmental agency and temporary signs indicating danger.

(2)

Temporary nonilluminated signs, not more than eight square feet in area advertising real estate for sale or lease or announcing contemplated improvements or real estate, and located on the premises, one such sign for each street frontage.

(3)

Except in R-1, R-2, R-3 districts, temporary nonilluminated signs not more than 64 square feet in area erected in connection with the new construction work and displayed on the premises during such time as the actual construction work is in progress, one such sign for each street frontage.

(4)

Cornerstone or tablet of bronze, brass or other noncombustible material when built into or attached to the wall of a building or structure, which states only the name of the building or structure, its use, the date of erection, names of owner, architect, municipal number, public officials or which gives information commemorating a person or event.

(5)

Sign on a truck, bus, or other operable vehicle while in use in the normal course of business, provided that such vehicle is not used as a permanent identification or to circumvent other parts of this article.

(6)

Signs necessary for address identification.

(7)

Temporary political signs, maximum 32 square feet.

(8)

A sign limited to the identification of the structure located on a building site in an R-3 Multiple-Family Residential zone may be permitted in the front yard area provided such sign does not exceed 20 square feet in area.

(9)

Directional sign limited in area to ten square feet each, giving direction to motorist or pedestrians regarding locality of parking area, access and egress, shall be permitted as accessory sign and not included in any computation of sign areas.

(e)

Temporary permits.

(1)

The director of inspection and code enforcement, upon application as required in this section may issue temporary permits for the following signs and displays enumerated in subsections (b), (c), and (d) of this section for a period of not exceeding 30 days, when in his opinion the use of such signs and displays would be in the public interest and would not result in damage to private property.

(2)

Signs advertising a special civic or cultural event such as a fair or exposition, play, concert, or meeting, sponsored by a government or charitable organization.

(3)

Special decorative displays used for holidays, public demonstrations, or promotion of nonpartisan civic purposes.

(4)

Special sales promotion displays in a district where such sales are permitted, including displays incidental to the opening of a new business.

(Code 1976, § 20:114; Ord. No. 1001, § XIII, 6-14-1993)

Sec. 34-68. - C-V-1 Village District.

(a)

Description. The C-V-1 Village District is composed of certain land and structures used to provide for the retailing of goods and the furnishing of major services. This district characteristically covers a larger area than the neighborhood commercial district since it is intended to serve a greater population and to offer a wider range of services. Full and complete development of all property in this district is of importance in order for the district to effectively serve its economic function. These districts are in general located along major thoroughfares and future expansion should desirably occur as an increase in depth of the district rather than further strip like extension along the thoroughfares.

(b)

Permitted uses. In C-V-1 districts only the following uses of shall be permitted:

(1)

Any use permitted in R-2 district.

(2)

Any use permitted in C-1.

(3)

Any existing use or structure, in this area at the time of zoning, shall be recognized as a nonconforming use.

(4)

Bakeries, retail, employing not more than five persons on premises.

(5)

Banks, including drive-in banks.

(6)

Barbershops and beauty shops.

(7)

Catering and delicatessen businesses.

(8)

Clinic, medical, dental or chiropractic.

(9)

Convenient copying establishments limited to the usual office type copying equipment, however printing presses are not permitted with the exception of offset printing presses that have a capacity to print on paper no larger than 11 inches by 17 inches.

(10)

Custom dressmaking, millinery, tailoring or similar retail trades employing not more than five persons on the premises.

(11)

Dry cleaning and laundries, collection and distribution stations only.

(12)

Parking lots.

(13)

Reserved.

(14)

General retail stores and establishments, excluding restaurants and lounges, having a gross area of not more than 3,000 square feet.

(15)

Nurseries and flower gardening.

(16)

Offices. Any office not exceeding 3,000 square feet in one building.

(17)

Taxi stands and stands for public transit.

(18)

Amusement enterprises, including the provision of stage entertainment.

(19)

Barrooms, nightclubs and lounges when located a minimum of 200 feet from any residential district measured along the nearest pedestrian walkway from the entrance to the residential district line.

(20)

Hotels/motels.

(21)

Offices.

(22)

Radio and television studios, and broadcasting stations.

(23)

Trade service and repair establishments employing not more than ten persons on the premises, excluding printing, electrical, plumbing, bicycle repair, television, radio and appliance repair, but including traditional Cajun crafts, and provided further all parts and waste material be stored in an area enclosed within a solid wood fence, of such height as to adequately screen said area from public view.

(24)

Signs. It was decided to eliminate all pole, roof and portable signs from this special area. Only wall signs will be permitted in the C-V-1 area. Total area for all exterior signs combined shall not exceed three and one-half square feet per linear foot of each establishment's primary building frontage, and shall not exceed 20 percent of the primary building frontage elevation area.

(25)

Veterinary clinics for small animals when located a minimum of 100 feet from any opening to any residential district.

(26)

Marinas.

Launching, docking, fueling and light repair of boats.

Boathouses.

(c)

Height regulations. No building shall exceed 45 feet in height.

(d)

Area regulations.

(1)

Yard.

Rear yard.

Rear yard regulations for residential uses shall be the same as those in the R-3 Multiple-Family Residential District.

(2)

Lot area. When living facilities are erected above or in connection with other uses, the lot area per family regulation shall be the same as those in the R-3 Multiple-Family Residential District.

(e)

Off-street parking requirements. Off-street parking shall be provided as set forth in section 34-66.

(f)

Loading zone requirements. Loading zones shall be provided as set forth in section 34-66.

(Code 1976, § 20:115; Ord. No. 1001, § XIV, 6-14-1993; Ord. No. 1491, 7-14-2014)

Sec. 34-69. - Nonconforming uses.

(a)

Continuance. Any lawful building, structure, building permit issued or use existing on or prior to June 14, 1993, or whenever a district shall be changed by amendment to this article, may be continued although such building, structure or use does not conform to the regulations of the district in which it is located.

(b)

Alterations. Alterations are permitted to a structure that enjoys a legal nonconforming use only when there is no increase in the cubical content of such building.

(c)

Additions. Additions will be permitted to a structure that enjoys a legal nonconforming use, provided:

(1)

The total addition shall not exceed 25 percent of the total area of the original structures.

(2)

The proposed addition shall not infringe on the side, font and rear yard requirements for the particular district in which the nonconforming use is located.

(3)

The parking requirements for the use shall be satisfied.

(4)

The proposed addition will not merely serve as a convenience to the applicant, but will relieve some demonstrable hardship.

(5)

The proposed addition shall not result in a diminution of surrounding conforming uses, nor cause any diminution or depreciation of property values of any surrounding property values of any surrounding property nor alter the essential character of the locality.

(6)

The proposed addition will not be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which located, in that it will not impair an adequate supply of light and air, or increase substantially the congestion in the public streets, create a traffic hazard, or permit inadequate parking, or increase the danger of fire, or substantially overburden existing drainage or sewerage system, or endanger the public safety nor cause serious annoyance or injury to occupants of adjoining premises by reason of emission of odors, fumes, gases, dust, smoke, noise or vibration, light or glare or other nuisances.

Additions to a nonconforming use shall be by passage of an ordinance by the city council, which shall be valid for a period of six months. Applications for additions may be filed by any interested party with the council, through the planning department; the application procedure, form, fee, public hearing and notice shall be the same as provided for in accordance with chapter 20 ("Planning and Zoning") of this Code.

(d)

Abandonment of, or restoration after damage. No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of at least one year; except that a structure damaged by an act of war or local catastrophe has been discontinued for a period of at least three years and increase in the cubical content of the building.

(e)

Change in use. A nonconforming use may be changed to one of a similar or higher classification, but no structure in which a nonconforming use has been changed to a more restricted nonconforming use shall again be devoted to a less restrictive use. A building or structure that has a nonconforming use that does not involve or permit the sale and consumption of alcoholic beverages on the premises shall be changed to a use which involves, permits or authorizes the sale and consumption of alcoholic beverages on the premises.

(f)

Discontinuance of nonconforming use of land. The nonconforming use of land shall be discontinued within five years from the date of adoption of the ordinance from which this article is derived where no buildings are employed in connection with such uses; provided, however, that the board of zoning appeals may, upon appeals, grant an extension, not to exceed a five-year period if in the opinion of the board such continued use will not cause annoyance or injury to adjoining premises, which extension may be further extended for a like period.

(g)

Nonconforming uses and/or structures dealing with processing or storage of hazardous materials in bulk in any zoning district. Due to the dangerous nature of hazardous materials, all nonconforming uses and/or structures dealing with processing or storage of hazardous materials in bulk in any zoning district shall comply with the requirements in chapter 16, article IV and chapter 34, article II of the this Code. Extensions, additions or enlargements shall not be permitted to any nonconforming uses and/or structures dealing with the processing or storage of hazardous materials in bulk in any zoning district. Any existing structures, tanks, piping, appurtenances or other equipment that is involved in processing or storage of hazardous materials in bulk that are not included in a current special permitted use, or do not meet the requirements listed in chapter 35 [34], article II, subsection 34-65(a)(31) [34-65(b)(31)], shall be considered nonconforming. Nonconforming structures, tanks, piping, appurtenances or other equipment (hereafter referred to as "equipment") may continue to operate and be maintained. However, if the structures, tanks, piping, appurtenances or other equipment is replaced it shall be of the same size, capacity and footprint unless it will conform to chapter 35 [34], article II, subsection 35-34(a)(31) [34-65(b)(31)]. An application for approval of a special permitted use shall be filed with the city prior to approval of any permit to renovate or replace any existing structures, tanks, piping, appurtenances or other equipment that is involved in the processing or storage of hazardous material in bulk by the council.

(Code 1976, § 20:116; Ord. No. 1001, § XV, 6-14-1993; Ord. No. 1490, 7-14-2014)

Sec. 34-70. - Exceptions and modifications.

(a)

Generally. The regulations set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this article.

(b)

Exceptions to height requirements. The height regulations as stated in this article shall not apply to:

(1)

Churches, schools, hospitals, sanitariums, public, semipublic; public service buildings, multiple-family dwellings, office buildings and institutions. There shall be no restrictions on the height of such buildings, provided the front, side and rear yards required in the district in which such building is to be located shall be increased an additional one foot for each one foot that the building exceeds the maximum height permitted in such district.

(2)

Barns, silos and other farm structures when located on farms, belfries cupolas, domes, flagpoles and monuments, water towers, transmission towers, windmills, chimneys, smoke stacks, radio towers, masts and aerials, conveyors, fire towers and of derricks.

(3)

Bulk heads, elevator penthouses, water tanks, cooling towers, scenery lofts and similar structures provided that such structures shall cover not more than 25 percent of the total roof area of the building on which such structure is located.

(c)

Exceptions to yard regulations.

(1)

Where 50 percent of the building's total floor area is occupied by dwelling units in commercial and industrial districts, no side yards are required except such side yards as may be required for a commercial or industrial building on the side of a lot abutting on a residential district. Where a side yard, though not required, is provided, such side yard shall not be less than three feet in width. Where a rear yard, though not required, is provided, such rear yard shall not be less than three feet in depth.

(2)

More than one main institutional building, public or semipublic, multiple-family, commercial or industrial building or portion thereof is located outside the buildable area of the lot.

(3)

For the purpose of the side yard regulations, a two-family, three-family or four-family dwelling, a group of row houses, a group of townhouse dwellings, a multiple-family dwelling, a condominium dwelling, electric substation or gas pressure regulating and metering station for public utility purposes shall be considered as one building occupying one lot.

(4)

Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into a rear yard may be permitted by the director of inspection and code enforcement for a distance of not more than five feet but only where the same are so placed as not to obstruct light and ventilation.

(5)

Temporary roadside stands in an S-1 Suburban District may be located within a front yard.

(6)

Existing residential dwellings that have at least a three-foot side yard setback may be permitted to maintain such setback on addition, provided that all other setbacks conform to this article.

(d)

Exceptions to area regulations. Where a lot, tract or parcel of land has an area or frontage less than the minimum requirements for the district in which it is located, but was a lot of record in separate ownership from adjacent property at the time of the passage of the ordinance from which this article is derived, such lot, tract, or parcel may be used only for single-family residential purposes, or for any nonresidential purpose permitted in the district in which the property is located.

(e)

Substandard lots of record. Where two or more adjoining and vacant lots with continuous frontage are in a single ownership at the time of passage of the ordinance from which this article is derived, and such lots have a frontage or lot area less than is required by the district in which they are located, such lots shall be replatted or resubdivided so as to create one or more lots which conform to the minimum lot area requirements of the district.

(f)

Projections into open areas.

(1)

Every part of a required yard shall be open only to the sky except where necessary buildings are permitted in that portion of a rear yard or side yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 18 inches; provided, however, that a roof, a gutter and eaves may project to the extent of four feet into a required front, rear and side yard, if a minimum distance of two feet remains open to the sky between the farthest projection of the roof, gutter and eaves, and the side property line. Walls of residential fireplaces shall not project nearer than three feet to the side lot line and shall not exceed eight feet in total length.

(2)

A porte-cochere, carport or canopy may project in a portion of a required side yard provided that a part of the projection of such porte-cochere, carport or canopy is unenclosed, on the side nearest the front property line and on the side nearest the side lot line; provided further, that this projection is removed at least three feet from the nearest side lot line and does not extend more than 40 feet in length or more than 13 feet in height, provided further, that where a storage or utility room is combined with the carport, that the side wall of said storage or utility room shall not be nearer than three feet to the side lot line; provided further, that in required side or front yards adjacent to streets; canopies may be located in required side or front yard adjacent to streets on lots occupied by churches, hospitals, clinics, funeral homes, hotels, public buildings and institutions or philanthropic educational, religious or eleemosynary nature. A carport may be constructed upon the adjacent side property line provided it is constructed of aluminum only. All eaves shall be enclosed and have rain guttering installed to direct water into the street away from adjacent properties unless the roof pitch diverts the flow of rain water to the street.

(3)

An open unenclosed, uncovered porch, terrace or steps not greater in elevation than the ground floor may project into a required front yard a distance not more than ten feet, but in no case more than half the distance from the building line to the front property line; or project into a required side yard to a point not closer than five feet to ant side lot line. This shall not be interpreted to include or permit fixed marquees or canopies except where otherwise provided herein.

(4)

In any residential district, no fence, structure, sign, planting or other obstruction shall be maintained above a height of three feet, measured from the crown of the street, on a corner lot, within that area between the side and front lot lines of the lot and a line joining two points lying on the centerlines of the street intersecting at the corner and 90 feet distance from the point of intersection.

(g)

Exceptions and modifications to use regulation.

(1)

Power plants, heating or refrigerating plants, or apparatus or machinery, which are accessory to permitted uses in the R-1, R-2, and R-3 Residential Districts shall be permitted uses in these districts only if so placed and operated to cause the lease inconvenience to owners and tenants of adjoining property; and provided that the above-mentioned activities comply with this article and do not cause serious annoyance or injury to occupants of adjoining premises by reason of the emission of odors, fumes, or gases, dust, smoke, noise or vibration, light or glare, or other nuisances.

(2)

Existing railroads and utilities may continue to be operated and maintained in residential and commercial districts, but no new railroad or utility structure other than the usual poles, transformers, and similar appurtenances, wires, underground utilities, electric substation shall be established in such districts except when so authorized by the inspection and code enforcement director.

(3)

Open chain-link fences not to exceed a height of 12 feet may be erected to enclose recreational areas such as tennis courts, basketball courts, badminton courts, volleyball courts and similar recreational uses. Fences not to exceed a height of seven feet may be erected along lot lines or around required or existing yard area of residential uses and in each required or existing side yard of a residential use when placed in alignment approximately parallel to the font lot line and connecting the main building with a fence on or along a side lot line subject to the following:

Front yard areas may not be fenced unless the lot immediately adjoining on either side has a fence in the front yard in which case a fence not exceeding the height of the fence of the adjoining lot or lots may be constructed and on lots that from major streets that also front on a second street in which case the front yard adjoining the major street may be fenced.

In cases where a corner lot adjoins a lot which fronts the side street, the side and rear yard areas of the corner lot shall remain open and unobstructed from any fence, shrub or structure for a minimum distance of ten feet from the side property line so as not to interfere with the view of the lot fronting the side street. On a corner lot that abuts a key lot in the rear, vans, trucks and vehicles are prohibited from parking within ten feet of the side property line.

(4)

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

(5)

Coin-operated gaming devices are prohibited in any establishment within 300 feet of a church, playground or school as measured from any property line; however, those existing establishments containing the operating gaming device within 300 feet of a church, playground or school who discontinue operation will have six months from discontinuance date to reestablish their operation after which time the operation of such gaming device in these establishments is not permissible. This six-month time period does not apply if the gaming device have been physically removed from the establishment.

(6)

Incineration devices shall be prohibited within 300 feet of any residentially zoned property.

(h)

Regulation of accessory buildings.

(1)

Except as hereinafter provided (for corner lots see subsection (c) of this section), any accessory building that is not a part of the main building may be built in a required side yard, provided that such accessory building is not less than 60 feet from the front lot line, not less than three feet from the nearest interior side lot line. On through lots, an accessory building may be built in a required side yard if no part of such accessory building is less than three feet from the nearest interior side lot line and no portion of such building is located in either front yard.

(2)

Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than 40 percent of the required rear yard, provided, in any case where accessory buildings are not built on the side or rear lot lines and in residential districts, such accessory buildings shall not be located less than three feet from either side or rear lot line.

(3)

On a corner lot where a side yard is required, there shall be a minimum distance between any accessory building and the side street line equivalent to the width of the required side yard on the side of the lot abutting on the side street. Where a lot in the rear of the corner lot fronts on the side street, no part of any accessory buildings on the corner lot within 25 of the common lot line shall project beyond the prolongation of the front yard line of the lot in the rear; provided, however, that the limitation shall not reduce the buildable length of an accessory building to less than 20 feet.

(4)

Accessory buildings or structures permitted in a required rear or side yard shall not exceed 13 feet in height.

(5)

The combined gross area of all accessory buildings or portions thereof located in side and rear yards shall not exceed 40 percent of the required rear yard area, nor shall more than one accessory building cover any part of a required side yard.

(i)

Exceptions to parking regulations. Where the zoning district boundary line of a district abuts the side zoning district boundary line of any other zoning district, the property within 150 feet next siding on the industrial, commercial, residential and batture districts may be used only for off-street parking in connection with the adjoining use and not for storage of any type such as vehicles, dumpsters or trailers, subject to the following conditions:

(1)

This provision will not apply when the districts are on opposite sides of the street, where the property to be used for off-street parking has frontage on two streets, or when the industrial, commercial, multiple-family residential or batture districts abut the rear lot line of the property to be used for off-street parking.

(2)

The off-street parking shall serve only the establishments adjoining such parking area and shall be limited to the parking of passenger vehicles, trucks and vans of no more than three-quarter-ton capacity.

(3)

The frontage of the property to be used for off-street parking must face a street that also provides frontage to the property it serves. Access to the property to be used for off-street parking will be provided only through the industrial, office-warehouse, commercial, general office, medical, multiple-family residential or condominium zoned property.

(4)

The depth and width of the property to be used for off-street parking cannot exceed 150 feet or the depth and width of the property the off-street parking will serve.

(5)

Along the boundary lines of the parking area abutting a residential zoning district, there shall be established and maintained planting area having a minimum width of four feet. The planting shall be dense, not less than seven feet in height and shall be maintained in a healthy growing condition.

(6)

Lighting facilities when provided shall be designed that light is reflected away from residential properties.

(7)

All parking areas shall be surfaced with concrete or bituminous materials and shall be maintained in a dust free condition.

(8)

All above requirements must remain in effect in perpetuity with the uses for which the parking area in required.

(9)

The director of inspection and code enforcement certifies that all above requirements are satisfactorily contained on a plan submitted by the applicant.

(10)

Such parking areas are approved by the city council and that the planning department and the zoning advisory board hold public hearings and make recommendations to the city council and that all property owners within 100 feet on both sides of the street of said location are notified by certified mail and the entire area is posted calling attention to the public hearing for this purpose.

(j)

Community unit development. Any authorized agency of the parish, state or federal government or the private owner of any tract of land, containing an area of not less four acres, may submit to the city council, through the planning department, a plan for the development of such tract of land, the design of which makes it desirable to apply regulations more flexible than those contained in this article, such a proposed plan may contain residential uses of various types and allied uses such as private or storage garages, parking spaces and other such noncommercial uses as schools, churches, libraries, parks and playgrounds, and day nurseries. After due public hearing notice as described in the procedure for such hearings, the council may approve such development upon a finding that the following conditions of fact exist:

(1)

The tract of land on which the development is proposed contains not less than four acres.

(2)

The average lot area per family within the site exclusive of streets, will not be less than the lot area required in the district in which the development is to be located.

(3)

Where desirable, provision is made for adequate and properly located public uses such as schools, parks and playgrounds.

(4)

The property adjacent to the area proposed for development would not be adversely affected.

(5)

This provision shall not apply to tracts of land zoned R-1 Single-Family Residential.

(6)

The planning director and the city attorney may at their discretion permit amendments to a community unit development plan provided the side configuration remains unchanged, the number dwelling units is not increased and the required lot area per family is not reduced.

(k)

Regulations for townhouse dwellings. Townhouse dwellings may be permitted in an R-2 Two-Family Residential District provided no more than two townhouse units are grouped in one building, and in an R-3 Multiple-Family Residential District provided no more than ten townhouse units are grouped in one building and further providing that the following regulations shall also apply:

(1)

Lots occupied by townhouse dwellings in an R-2 Two-Family Residential District shall contain an area of not less than 3,000 square feet, a width of not less than 18 feet and a dept of not less than 90 feet.

(2)

Lots occupies by townhouse dwellings in an R-3 Multiple-Family Residential District shall contain an area of not less than 1,350 square feet, a width of not less than 18 feet and a dept of not less than 75 feet.

(3)

A townhouse dwelling and the individual lot it occupies may be sold separately if separate utility systems are provided and if separate lots for each dwelling unit in a group are lots of record.

(4)

The facades of dwelling units in townhouses shall be varied by changed front yards of not less than two feet and variation in materials or design so that no more than two abutting unites will have the same front yard depth.

(5)

Provisions satisfactory to the city council shall be made to ensure that nonpublic area for the common use and enjoyment of occupants of townhouses, but not in individual ownership by such occupants shall be maintained in a satisfactory manner without expense to the general taxpayer.

(l)

Mixed-use development.

(1)

Purpose. The purpose of mixed-use development is to promote more economical and effective use of land, creative design, a superior environment, detailed unified development and an improved level of amenities. It is further intended to encourage flexibility in design and development of land in order to promote a harmonious variety of residential and commercial uses to be developed on the same project site while protecting existing and future development.

(2)

Conditions. The site consists of one contiguous acre, which may contain a variety of zoning districts. Every structure erected and maintained under the provisions of this subsection shall comply with all of the regulations established by this article. Any permitted use in any of the zoning districts within the project site shall be permitted at any location therein: provided the aggregate number of permitted uses that are included in the project do not exceed the combined total of permitted uses for each individual zoning district. Residential uses in commercial districts are not required to be located in commercial structures provided such residential uses do not exceed 50 percent of the total commercial development. Mixed-use developments are not permitted in R-1 Single-Family Residential Districts.

(3)

Failure to begin development. If no construction has begun or no use established in the mixed-use development within two years from the date of approval of the final development plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the zoning advisory board and the planning department may recommend to the city council that an extension for one or more years be granted for the beginning of construction or the establishment of a use.

(4)

Height restrictions. The height restriction in each zoning district will determine the height of structures within the mixed-use development. However, one additional foot of height may be granted for each additional foot of front, side and rear year setback exceeding the setback requirements in the zoning district in which the structure is.

(5)

Area requirement. Lot and street sizes shall conform to all applicable standards and requirements regulating and governing the subdivision of land.

(6)

Special notice and hearing. A public hearing shall be held and notice given as provided by this article.

(7)

Procedure. Application for mixed use development shall be filed with the planning department and contain the following information:

Copies of preliminary site plan shall comply with requirements of this subsection and shall be accompanied by such written graphic material as may be necessary or desirable by the zoning advisory board and the planning department.

The proposed title of the project, name of the developer and firm preparing the plan.

The north point, date and scale of the site plan (not smaller than one inch equals 100 feet).

Existing zoning and zoning district boundaries.

The site plan shall show the location of proposed streets, alleys driveway curb cut, entrances and exits, loading area (including number of parking and loading spaces), dumpster locations, public and private sidewalks and walkways, planting beds, all green areas, fences and all freestanding signs.

Elevation of sufficient scale that will show all four sides of the total development with exterior material selection clearly marked. All proposed signage shall be shown on elevations.

Location with respect to each other and to lot lines and the approximate height of all proposed buildings and structures.

Landscaping plans or plant material list specifying all of the major items of landscape material and the selected location of these major items.

Typical floor plans of suitable scale of the major structures in order to establish the type of development and the proposed quality of the same.

A tabulation of gross area in square feet or acres of the project site and the floor area in square feet of any buildings in the proposed development.

The council may establish by resolution additional criteria for development within the project site after a recommendation by the zoning advisory board and the planning department.

(Code 1976, § 20:117; Ord. No. 1001, § XVI, 6-14-1993; Ord. No. 1545, 10-9-2017)

Sec. 34-71. - Special permitted uses.

(a)

Application, procedure, notice. Any interested party, as provided in this article, may file an application for the special permitted uses with the city clerk, through the city council. The application procedure, form, fee, public hearing and notice shall be the same as provided for in accordance with chapter 20 ("Planning and Zoning") of this Code. In addition, the planning department shall notify all property owners within 300 feet fronting on both sides of the street by certified mail calling attention of the public hearing for this purpose.

(b)

General criteria. In deliberating on any application, the city council shall not grant approval of any special use unless it makes findings based upon the evidence presented to it that each case shall indicate all of the following:

(1)

The permit, if granted, will not cause any diminution or depreciation of property values of any surrounding property or will or will not alter the essential character of the locality.

(2)

The permit, if granted, will tend to preserve and advance the prosperity and general welfare of the neighborhood and community.

(3)

The granting of the special permitted use shall not be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which property is located, in that it will not impair an adequate supply of light and air, or increase substantial the congestion in the public streets, or increase the danger of fire, or substantially affect or overburden existing drainage or sewerage systems, or endanger the public safety, nor cause serious annoyance or injury to occupants of adjoining premises by reason of emission of odors, fumes, gases, dust, smoke, noise or vibration, light or glare or other nuisances.

(c)

Approval. Approval of any special permitted use shall be by passage of an ordinance by the city council.

(Code 1976, § 20:118; Ord. No. 1001, § XVI-A, 6-14-1993)

Sec. 34-72. - SHD-1 Salaville Historic District.

(a)

Description.

(1)

This district is composed of certain land and structures used to provide for residential use, the retailing of goods, professional business services, and the furnishing of tourist services. This district occupies the area known as Salaville Historic District bounded as described in section 20-1, to wit:

"From the river batture and levee at the junction of LA 18 and Sala Avenue or "The Hill," south to Fourth Street, which includes blocks one (1), two (2), three (3), and four (4) of Sala Avenue and all properties and structures within these four blocks facing Sala Avenue and also including sites that extend from Sala Avenue through to Louisiana Avenue or Avenue A; and the 100 and 200 blocks of First, Second, and Third Streets."

(2)

Salaville Historic District is intended to serve its population and visitors from other areas by offering a wide range of services and activities. Full and complete development, restoration, and maintenance of all property in this district are of importance in order for the district to develop and maintain its historical and preservation values. All commercial businesses and parking lots shall be aesthetically planned and landscaped to blend with Salaville Historic District.

(b)

Permitted uses. In the SHD-1 district only the following uses shall be permitted:

(1)

Any existing use or structure in this area at the time of adoption of the ordinance from which this section is derived shall be recognized as a nonconforming use.

(2)

Retail bakeries employing not more than five persons on premises.

(3)

Banks and ATMs, excluding drive-in banks and outdoor ATMs.

(4)

Barbershops and beauty spas employing not more than five persons on the premises.

(5)

Catering and delicatessen businesses.

(6)

Medical, dental, and chiropractic offices not exceeding 3,000 square feet in one building.

(7)

Convenient copying establishments limited to the usual office type copying equipment; however, printing presses are not permitted, with the exception of offset printing presses that have a capacity to print on paper no larger than 11 inches by 17 inches.

(8)

Custom dressmaking, millinery, tailoring, or similar retail trades employing not more than five persons on the premises.

(9)

Dry cleaning and laundry collection and distribution stations only.

(10)

Parking lots, hard surfaced and shall be aesthetically planned and landscaped to blend in with the Salaville Historic District.

(11)

General retail stores and establishments, excluding lounges, bars, and tattoo and massage parlors having a gross area of not more than 3,000 square feet.

(12)

Plant nurseries and flower shops not exceeding a gross area of more than 3,000 square feet.

(13)

Offices. Any office not exceeding 3,000 square feet in one building.

(14)

Taxi stands and stands for public transit.

(15)

Amusement enterprises, including the provision of stage entertainment, museums, theaters, and art galleries.

(16)

Bed and breakfasts.

(17)

Radio stations, television stations, and broadcasting studios.

(18)

Trade service and repair establishments employing not more than five persons on the premises, excluding printing, electrical, plumbing, bicycle repair, television repair, radio and appliance repair, automobile and boat repair shops, welding and machine shops, but including traditional Cajun crafts; provided further all parts and waste material shall be stored in the rear of said establishment, enclosed within a solid wood fence of such height as to adequately screen said area from public view.

(19)

Signs. Rules and restrictions for signs in the SHD-1 district shall adhere to chapter 20.

(20)

Any use permitted in R-1 single-family residential districts and in R-2 two-family residential districts.

(c)

Height regulations. No building shall exceed the height of the tallest current existing building in the SHD-1 district at the time of adoption of the ordinance from which this section is derived.

(d)

Area regulations.

(1)

Yard.

Front yard.

There shall be a front yard having a depth of not less than 20 feet; however, where the structures located within 50 feet on both sides of the proposed use have observed a front yard line of less than 20 feet, then the proposed use may be located in line with the most rear yard of the two adjacent structures.

On through lots, the required front yard shall be provided on both streets.

Side yard.

There shall be a side yard of not less than five feet.

On corner lots, the side yard of that portion of the lot abutting the side street shall be not less than ten feet, except an accessory building located in the rear of the corner lot, which is not part of the main building, may be located as near as five feet from the side of the lot abutting the side street, provided the lot in the rear of the corner lot does not front the side street.

Rear yard.

A rear yard of not less than 20 percent of the depth of the lot, not to exceed a maximum of 25 feet nor be less than 15 feet, is required for a main building, with a minimum of five feet for an unattached building.

On through lots, there being no rear yard, shall be two front yards, except the portion of the lot facing a main thoroughfare. A fence of chain link, wood, masonry, or wrought iron, with no gates or openings, shall protect the thoroughfare side of the lot, except commercial properties may have gates.

(2)

Lot area. Every lot upon which a building is erected shall have an area of not less than 4,000 square feet.

(e)

Off-street parking requirements.

(1)

There shall be zero tolerance for off-street parking in the SHD-1 district.

(2)

The location of off-street parking facilities shall be established by a recorded covenant or agreement on parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designed as required parking space, such encumbrance to be valid for the total period of the use or uses for which the parking is needed and in existence. Such agreement or covenant shall be duly recorded in the office of the clerk and a certificate furnished the director of inspection and code enforcement.

(3)

Areas reserved for off-street parking or loading shall not be reduced in area or changed to any other use unless the permitted use, which it serves, is discontinued or modified, except where equivalent off-street parking or loading space is provided.

(f)

Loading zone requirements. All lots requiring the receipt of distribution vehicles of materials and merchandise shall park said vehicles so as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street, or alley.

(Code 1976, § 20:120; Ord. No. 1205, 10-8-2001; Ord. No. 1454, 6-11-2012; Ord. No. 1623, 7-10-2023)

Sec. 34-73. - Reserved.

Editor's note— Ord. No. 1622, adopted May 8, 2023, repealed § 34-72, which pertained to zoning provisions regarding the opening or reopening of package liquor stores and derived from Code 1976, § 20:122; Ord. No. 1238, adopted Sept. 8, 2003; Ord. No. 1282, adopted Dec. 8, 2003.

Sec. 34-74. - Erection of billboards within city limits prohibited.

(a)

Definitions.

Person shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

Billboard shall mean large panels designed to carry outdoor advertising.

(b)

The erection of billboards and/or renting of space on private signs for billboards or advertising of other companies by any person within the city limits of the City of Westwego is hereby prohibited.

(c)

The foregoing shall not apply to existing billboards within the city limits of the City of Westwego.

(Ord. No. 1580, 10-14-2019)