§ VIII. Exceptions and modifications.

1.

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

2.

Open space. No open space or lot area required for a building or structure shall during its life be occupied by or counted as open space for any other building or structure.

A.

In any residential district, except the A-1 Rural or Agricultural District, the front yard minimum setback of any lot unoccupied as of the effective date of this Ordinance shall be equal in depth to the average depth of the front yards of the nearest adjacent occupied lots.

B.

Where the dedicated street right-of-way is less than fifty (50) feet, or where the street right-of-way cannot be determined, the depth of the front yard shall be measured starting at a point twenty-five (25) feet from the center line of the street easement or apparent easement.

C.

No dwelling unit shall be erected on a lot which does not abut or have access to at least one street.

3.

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

A.

Churches, schools, hospitals, sanatoriums, public, semi-public or public service 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 buildings are located shall be increased an additional one foot for each one foot that the building exceeds the maximum height permitted in such district.

B.

Barns, silos, and other farm structures when located on farms; belfries, cupolas, domes, flagpoles and monuments; water towers, transmission towers, wind-mills, chimneys, smoke stacks, radio towers, masts and aerials, conveyors, fire towers, and oil derricks, church spires and ornamental towers and spires.

C.

Bulkheads, elevator penthouses, water tanks, cooling towers, stage towers or scenery lofts, and similar structures provided that such structures shall cover not more than twenty-five (25) percent of the total roof area of the building on which such structure is located.

4.

Exceptions to yard regulations:

A.

When fifty (50) percent or less of a 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 in the district regulations for a commercial or industrial building on the side of a lot abutting on a dwelling district. When a side yard is provided, though not required, such yard shall be not less than three (3) feet in width. When a rear yard is provided, though not required, such yard shall be not less than three (3) feet in depth.

Editor's note— The provisions of paragraph A. of subsection 4. of section VIII appear as amended by section 10 of Ordinance Number 145, adopted March 10, 1976.

B.

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

C.

Open or lattice enclosed fire escapes, fireproof stairways and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into a rear or side yard may be permitted by the zoning administrator for a distance of not more than five (5) feet but only when the same are so placed as not to obstruct light and ventilation and do not project beyond roof, gutter or eaves.

Editor's note— Paragraph C. of subsection VIII.4. appears as amended by § 1 of Ord. No. 419, adopted Jan. 26, 1983.

D.

Temporary roadside stands when permitted by the Council in an A-1 or A-2 Rural or Agricultural District or in an FP—Flood Plain District may be located within a front yard.

Editor's note— Section VIII.4.D. appears as amended by § 1 of Ord. No. 89-134, adopted Aug. 10, 1989.

E.

Whenever buildings have developed for forty (40) percent or more of frontage on the same side of the street between two (2) intersecting streets or within five hundred (500) feet of the building site where intersecting streets are more than one thousand (1,000) feet apart, with front yards that have a variation in depth of not more than six (6) feet then in that case no building shall project beyond the average front yard so established; provided that in no case shall the front yard between street line and building line be less than fifty (50) percent of the required front yard of that District.

Editor's note— The provisions of Paragraph E. of subsection 4. of section VIII were added by section 10 of Ordinance Number 145, adopted March 10, 1976.

F.

When lots of record prior to the adoption of the Zoning Ordinance are fifty (50) feet or less in depth from the designated front lot line, the Zoning Administrator is hereby authorized upon request of a property owner to vary the front and/or rear yard requirements by a percentage not to exceed fifty (50) percent each upon securing the signature of the commissioner of public safety and one other commissioner.

Editor's note— Paragraph F of subsection 4 of Section VIII was created by section X of Ordinance Number 169, adopted August 31, 1977.

5.

Exceptions to area regulations:

A.

Substandard lots of record, separate ownership: Where a lot has less area than the minimum requirements for the district within which the lot is located and was a lot of record in separate ownership from adjacent property at the time of passage of this Ordinance, that lot may be used only for single-family dwelling purposes or for any non-dwelling purpose permitted in the district within which such lot is located and the buildable width shall not be reduced to less than twenty-four (24) feet.

B.

Substandard lots of record, single ownership with adjacent property: Where a lot has less than the minimum requirements for the district within which the lot is located and was a lot of record in single ownership with adjacent property at the time of the passage of this ordinance, that lot may not be used or any purpose unless resubdivided so as to conform to the minimum lot area requirements of the district, with the exception of any lots located in an approved and legally recorded subdivision prior to the date of zoning amendment increasing the square footage requirements, in which case said lots would be grandfathered.

Editor's note— Section VIII.5.B. appears as amended by § 1 of Ord. No. 96-48, adopted March 14, 1996.

6.

Projections into open area—Exceptions to yard regulations:

A.

Every part of a required yard shall be open to the sky except ordinary projections such as that of a roof, gutter, or eaves, awning or canopy which may project to the extent of four (4) feet provided at least two (2) feet remains open to the sky between the farthest projection of the roof, gutter or eaves, awning or canopy and the side of property line.

B.

A carport, porte-cochere or uncovered porches or terraces when attached to or detached from the main building may be constructed in a required side yard and may be attached to an enclosed accessory building provided that no wall of such accessory building is less than fifty (50) feet from the front line nor less than three (3) feet from the side lot line; provided further than such carport, porte-cochere, or uncovered porch or terrace is at least three (3) feet removed from the nearest interior side lot line and that the combined area of such carport and accessory building does not exceed fifty (50) percent of the required side yard area and that the height of such carport or accessory building does not exceed thirteen (13) feet. A carport attached to the main building shall be unenclosed on the street side and on both sides approximately paralleling the side lot line.

Editor's note— The provisions of paragraph B. of subsection 6. of section VIII appear as amended by section II of Ordinance Number 154, adopted September 1, 1976.

C.

A canopy or marquee for a gasoline service station or any other non-residential use may project into a required front yard to a point not closer than ten (10) feet from the front property line or project into a required side yard to a point not closer than ten (10) feet on the reverse street side; provided, however, any auxiliary fuel pump isles or similar service station uses shall not be located less than fifteen (15) feet from the front property line or from the reversed street side line. This shall not be interpreted to include or permit fixed marquees or canopies except where otherwise provided herein.

Editor's note— The provisions of paragraph C. of subsection 6. of section VIII appear as amended by § 10 of Ord. No. 145, adopted March 10, 1976, § III of Ord. No. 154, adopted September 1, 1976, § 2 of Ord. No. 204, adopted Sept. 13, 1978, and § 5 of Ord. No. 333, adopted Sept. 9, 1981.

D.

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

E.

Where the frontage on one side of a street between two (2) parallel streets constituting a single block is zoned partly as residential and partly as commercial or industrial, the front yard depth in the commercial or industrial district shall be required to conform to the front yard depth of the residential district.

F.

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

G.

No nontransparent structure of any kind whether it be in the form of a fence, wall, hedge, planting or other similar structure more than three (3) feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are twenty (20) feet distant from the point of intersection measured along said street lines.

Editor's note— Paragraph G. of subsection VIII.6. appears as amended by § 3 of Ord. No. 204, adopted Sept. 13, 1978.

H.

When multifamily, commercial or industrial districts abut a residential district, a masonry wall or nontransparent wood treated fence or adequate hedge not less than five (5) feet nor more than seven (7) feet in height shall be constructed on the side and/or rear property lines between the two (2) districts. The height requirements of this section shall not apply for cases that refer to section VIII, subsection 6, paragraph G, and section VIII, subsection 9, paragraph C of this ordinance.

Editor's note— Subparagraph H. of paragraph 6. of section VIII was created by § XI of Ord. No. 169, adopted August 31, 1977, and amended by § 4 of Ord. No. 204, adopted Sept. 13, 1978.

I.

Whenever landscaping, hedging or other type of planting is required by the zoning ordinance, sufficient distance shall be provided from abutting property lines to prevent any unreasonable encroachment of such plants into adjoining lots.

Editor's note— Paragraph I. of subsection VIII.6., was added by § 1 of Ord. No. 420, adopted Jan. 26, 1983.

7.

Regulation of accessory buildings:

A.

Any accessory building that is not part of the main building may be built in a required side yard provided such accessory building is not less than fifty (50) feet from the front lot line nor less than three (3) feet from the nearest interior 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 (3) feet from the nearest interior side lot line and no portion of such building is located in either front yard.

B.

Accessory buildings may be built in a required rear yard provided such accessory buildings shall not occupy more than forty (40) percent of the required rear yard area and provided further, in any case where accessory buildings are not built on the side or rear lot lines, such accessory buildings shall not be located less than three (3) feet from either side or rear lot line.

C.

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 building on the corner lot within twenty-five (25) feet of the common lot line shall project beyond the prolongation of the front yard line of the lot in the rear, provided, however, that this limitation shall not reduce the buildable length of an accessory building to less than twenty (20) feet.

D.

Accessory buildings or structures permitted in a required rear or side yard by this Ordinance shall be subject to the following height limitations:

(1)

The height of accessory buildings or structures with flat roofs shall not exceed twelve (12) feet.

(2)

The height of accessory buildings or structures with other than flat roofs shall not exceed seventeen (17) feet.

Editor's note— Ord. No. 99-217, § 1, adopted Sept. 23, 1999, amended VIII.7.D.

E.

On a corner lot or an interior lot, an accessory building may project from the required rear yard into a required side yard on or approximately parallel to an interior side lot line provided no portion of the accessory building is located over twenty-five (25) feet from the rear property line.

F.

Storage containers shall not be permitted on any property zoned for residential purposes except during construction or alteration of structures on the property and shall be removed upon completion of work.

Editor's note— Ord. No. 05-195, § 1, adopted July 14, 2005, added § VIII.7.F.

7A.

Special regulations for town houses.

A.

Under no conditions shall townhouses be permitted in any zoning district except: (1) those districts identified on the Zoning District Maps as specifically either an R-2 Two Family Residential Zoning District or an RM-2 Multiple Family Residential District; and (2) townhouses with connected accessory boat slips or other wet storage in the rear yard may be constructed in a Flood Plain District when (i) located within a subdivision approved in accordance with and pursuant to the laws of the parish, (ii) each such townhouse otherwise satisfies the requirements of Article VIII, Section 7A, Paragraph B, C, D, E, F (if applicable), G, H, I and J, and (iii) such townhouse is connected to public sewage and water systems.

Editor's note— Paragraph A of subsection 7A appears as amended by § I of Ord. No. 710, adopted Dec. 17, 1986 and as subsequently amended by Ord. No. 03-80, § I, adopted May 22, 2003.

B.

In no case shall the density be greater than that permitted in the district where such town houses are being constructed.

C.

The height, yard and area requirements for town houses shall be the same as those required for the district in which they are being constructed, with the following exceptions:

(1)

For the purpose of the side yard regulations, a town house building (or a two-family dwelling to be converted to a town house) shall be considered as one building on one lot with side yards required for end units only in accordance with Table 1 of Section VI. For town houses of three (3) or more units with a side yard adjacent to a single-family residential district, such side yard shall not be less than fifteen (15) feet.

(2)

Minimum lot widths for individual dwellings units of a town house shall be thirty (30) feet in an R-2 Two-Family Residential District and twenty-five (25) feet in an R-M2 Multiple-Family Residential District.

Editor's note— Paragraph C(2) of subsection 7A appears as amended by § II of Ord. No. 710, adopted Dec. 17, 1986.

D.

Not more than eight (8) dwelling units shall be included in any one town house building complex.

E.

A detached garage, carport, or other accessory building shall be permitted in the required rear yard of a lot occupied by a town house, but in no instance shall such accessory building be permitted in any other part of a required yard on the lot. Off-street car parking shall be provided in accordance with Section VI, Paragraph N.

F.

Provision satisfactory to the parish development board shall be made to assure that nonpublic areas (for the common use and enjoyment of occupants of town houses but not in individual ownership by such occupants) shall be maintained in a satisfactory manner without expense to the general taxpayer.

G.

A town house (or a two-family dwelling to be converted into a town house) shall have a party or common wall separating the dwelling units consistent with Plaquemines Parish building codes and/or other applicable laws.

H.

A town house dwelling unit and the individual lot it occupies may be sold separately from the town house complex if separate utility systems are provided and if a separate lot for each dwelling unit in a group is or becomes a lot of record as defined in Section III, Definition No. 60 of this Ordinance.

I.

In no case shall more than three (3) abutting dwelling units in any town house complex have the same or essentially the same architectural treatment of their facades or have the same front yard depths, which front yard depths must vary from those of adjacent units by at least three (3) feet or more.

J.

The procedure for an amendment to a town house dwelling unit complex having once received subdivision approval, or for a request for any change of conditions attached to such approval, shall be the same as for a new application. Under no condition can any change in the previously approved subdivision plan, either in construction or lot layout, be authorized without requiring that a new application be filed.

Editor's note— Section 18 of Ord. No. 513, adopted April 18, 1984, added subsection 7A to § VIII.

8.

Regulation of signs. All signs hereafter erected on any lot in any district, except official, traffic and street signs, shall conform to the provisions of this section unless otherwise provided.

A.

No sign shall be permitted in the Rural A-1, Residential R-1A, R-1AA, R-1B, R-1BB, R-1C, R-2, RM-1 and RM-2, Mobile Home MH and Medical — M District, except the following:

Editor's note— Paragraph A of § VIII.8 appears as amended by § 2, of Ord. No. 148, adopted May 5, 1976, and § III of Ord. No. 710, adopted Dec. 17, 1986.

(1)

A sign, not exceeding two (2) square feet in area, giving the name and/or address only of the land or building on which displayed, or the owner or lessee thereof.

(2)

A sign pertaining to the lease or sale of a building or property provided such sign shall not exceed thirty-two (32) square feet in surface area and is illuminated and may be constructed on the front property line.

(3)

Temporary signs, for one year, subject to renewals, advertising a new subdivision development of five (5) lots or more provided such signs do not exceed sixty (60) square feet in surface area, are no more than fifteen (15) feet nor less than two (2) feet above ground, advertise only the development in which they are located, and are erected only at dedicated street entrances.

(4)

One unilluminated sign identifying an engineer, architect or contractor engaged in the construction of a building, provided such sign shall not exceed twelve (12) square feet in surface area, is no more than fifteen (15) feet or less than two (2) feet above ground and is removed within thirty (30) days following occupancy of the building.

(5)

One identification sign, not to exceed thirty (30) square feet in area, for the following uses: church, school, hospital, library, farm, park, clinic or similar uses. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. It may be illuminated but not flashing.

(6)

Directional signs not to exceed two (2) square feet in surface area for the following uses: church, school, hospital, library, sanitarium, clinic or similar use provided that each shall be limited to one such sign per major thoroughfare approach. No such sign shall be permitted on minor residential streets.

(7)

One name plate sign for a dwelling group of four (4) or more units not exceeding five (5) square feet in surface area. Such signs may indicate the names and addresses of the buildings or it may be a directory for occupants.

(8)

One advertising sign not to exceed one square foot for every lineal foot of designated lot frontage, provided that it meets all other regulations herein and that it is located no closer than three hundred (300) feet from any existing residence.

(9)

Signs in accord with Paragraph E, General Restrictions of this Subsection 8.

B.

Signs in the C-1 Neighborhood Commercial Districts . In the C-1 Districts signs are permitted subject to the following regulations:

(1)

All signs permitted in the A-1, R and M Districts.

(2)

The total area of all business signs on a building or lot shall not exceed one hundred fifty (150) square feet or the sum of three (3) square feet for each lineal foot of lot frontage, whichever is the greater. No single business sign surface may exceed three hundred (300) square feet in area, nor shall two (2) or more smaller signs be so arranged and integrated as to create a surface area in excess of three hundred (300) square feet.

(3)

Advertising sign structures shall be limited to not more than one structure for a lot of one hundred (100) feet frontage or less and to one additional structure for each one hundred (100) feet of additional lot frontage. Such structure may contain not more than two (2) signs per facing nor exceed fifty-five (55) feet in length and no advertising sign may exceed three hundred (300) square feet in area. No advertising sign shall be erected within fifty (50) feet of an adjoining residential district if designed to face into such district.

(4)

Coordinated shopping center: Each coordinated shopping center may have one (1) incidental or freestanding identification sign for each street frontage, set back at least one-fourth the required front yard setback and announcing only the name of the shopping center and the hours of business and one identification sign for each tenant in the shopping center.

Editor's note— The provisions of subparagraph (4) of paragraph B. subsection 8 of Section VIII appear as amended by section IV of Ordinance Number 154, adopted September 1, 1976.

(5)

Signs in accord with Paragraph E, General Restrictions of this Subsection 8.

C.

Signs in the A-2 Rural District, C-2 General Commercial District, and FP—Flood Plain District. In the A-2, C-2 and FP districts signs are permitted with the following regulations:

(1)

All signs permitted in A, R and M Districts.

(2)

The total surface area of a business sign or signs on a lot shall not exceed six (6) square feet for each lineal foot of lot frontage.

(3)

Advertising sign structures shall be limited to not more than one structure for a lot of fifty (50) foot frontage or less and to one additional structure for each fifty (50) feet of additional lot frontage. Such structure may contain not more than two (2) signs per facing nor exceed fifty-five (55) feet in length. No advertising sign may be erected within fifty (50) feet of an adjoining residence district if designed to face into such district.

(4)

Coordinated shopping center. Each coordinated shopping center may have one incidental or free-standing identification sign for each street frontage, set back at least one-fourth the required front yard setback and announcing only the name of the shopping center and the hours of business and one identification sign for each tenant in the shopping center.

Editor's note— The provisions of subparagraph (4) of paragraph C. of subsection 8. section VIII appear as amended by section V of Ordinance Number 154 adopted September 1, 1976.

(5)

Signs in accord with Paragraph E, General Restrictions of this Subsection 8.

D.

Signs in I-1, I-2, and I-3 Industrial Districts. In the Industrial Districts signs are permitted subject to the following regulations:

(1)

All signs permitted in the A-1, A-2, R, M, C-1, C-2 and FP Districts.

(2)

The total surface area of a business sign or signs on a building or lot shall not exceed ten (10) square feet for each lineal foot of lot frontage.

(3)

Signs in accord with Paragraph E, General Restrictions of this Subsection 8.

E.

General restrictions. Unless otherwise provided in this Ordinance, the following regulations shall apply to signs in all districts:

(1)

No sign shall be erected as to prevent free ingress or egress from any door, window, or fire escape and no sign of any kind shall be attached to a stand-pipe or fire escape.

(2)

No sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where by reason of position it may interfere with or obstruct the view of traffic sight lines or traffic control device; if located within direct line of vision of a traffic control device, no flashing or intermittent red, green or amber illumination shall be used.

(3)

Any sign affixed flat against the wall of a building and not more than fifteen (15) inches in thickness shall not be deemed a projecting sign. Projecting signs may not extend beyond the property line or over public property and shall be at least ten (10) feet above the finished grade of the sidewalk. Wall signs shall not extend more than fifteen (15) inches over public property; lighting devices, however, may extend not more than six (6) feet over public property provided the lowest part of such device is at least fifteen (15) feet above the finished grade.

(4)

Business and advertising signs are required to observe the same setback and side yard limitation as provided for other buildings or structures in the zoned district provided that where drive-in service or parking facilities are provided, one (1) business sign not exceeding one (1) square foot for every lineal foot of lot frontage on the street on which the sign is to front may be erected in any required setback area if it is not located nearer to the street or highway right-of-way line than one-fourth (¼) the required setback distance. The height of a detached sign shall not exceed forty (40) feet from ground to the top of sign.

Editor's note— Subsection VIII.E.(4) was amended by Ord. No. 02-76, § 1, adopted April 25, 2002.

(5)

The illumination of any sign within fifty (50) feet of and facing a residential zone lot line shall be diffused or indirect and designed to prevent direct rays of light from shining into adjoining residential districts; and in no event shall flashing or intermittent illumination be permitted where the sign faces directly into and is nearer than three hundred (300) feet to dwellings in a residential district.

(6)

Directional or informational signs of a public or quasi-public nature not exceeding six (6) square feet in area may be permitted in any district on approval of the Zoning Administrator. Any illumination shall be non-flashing, uncolored and confined to the face of the sign. No advertising matter whatsoever shall be permitted on signs of this type.

(7)

Temporary signs indicating an event of public interest such as a state or local fair, local or general election, cattle or horse show, etc., may be erected on a thirty (30) day non-renewable permit in any zone on approval of the Zoning Administrator.

(8)

Pennants, banners, streamers, and all other fluttering, spinning or similar type signs and advertising devices, whether on wheels or otherwise portable or attached to the ground, are prohibited except for national flags and flags of political subdivisions or the United States and except for flags of bona fide civic, charitable, fraternal, religious and welfare organizations; provided that during nationally recognized holiday periods, or during special civic events, such as Mardi Gras, pennants, banners, streamers and other fluttering, spinning or similar devices pertaining to said periods or events may be displayed on a temporary basis.

(9)

Whenever a sign becomes structurally unsafe or endangers the safety of a building or premises, or endangers the public safety, the Zoning Administrator shall give written notice to the owner of the sign or the owner of the premises on which the sign is located that such sign be made safe or removed within ten (10) days. Editor's note-Renumbered, see the editor's note for subparagraph (8) above.

(10)

Any business or outdoor advertising sign legally existing prior to the adoption of this Ordinance and which does not conform to these provisions shall not be altered, or changed in overall dimensions except to conform to the provisions of this Ordinance, except when destroyed by fire, storms, or other Acts of God. If damaged to an extent in excess of seventy-five (75) percent or more of its current replacement value, it shall not be rebuilt provided that nothing contained herein shall be construed to prevent normal maintenance and repairs, reprinting or posting of such signs or structures; or to prevent the rebuilding of such signs as an accessory use to existing nonconforming use when such nonconforming use and sign are involuntarily damaged or destroyed.

(11)

Unless otherwise provided in these regulations, all signs shall be constructed and erected in accordance with the building code for the Parish of Plaquemines.

(12)

To provide reasonable flexibility in these regulations, the Board of Zoning Adjustment may approve an application for a business sign or advertising structure which may not conform with the provisions of the district in which it is to be located, where the location, size, or addition would not be inconsistent with the character of the area or neighborhood in which such sign or structure is to be located.

(13)

Advertising devices, whether on wheels or placed on the ground are prohibited unless approved by the safety engineer and the permit office.

(14)

Signs in public rights-of-way.

(a)

No person, contractor, or public service corporation shall erect or maintain any sign of any nature or a traffic control device or anything resembling a traffic control device within the right-of-way of any highway or street, without having official permission from the Plaquemines Parish Government to install or maintain same in the public right-of-way, except the governing authority maintaining the highway or street.

(b)

Contractors may place such signs and warning devices, and permit holders may place such temporary signs and warning devices as are authorized to warn the traveling public of dangers arising from the work being done in the right-of-way. The Louisiana State Department of Transportation and Development may place such directional, regulatory, and warning signs, signals and barricades, or other traffic control devices as are desirable in its judgment to guide, inform, regulate and warn the traveling public.

(c)

A person may place a temporary, non-illuminated sign, limited to thirty-two (32) square feet in area, indicating the support of the owner or occupant for candidates running for election to local, state or national governmental positions providing said election pertains to the respective political jurisdiction within which the property is located and provided further that any such sign shall not be erected more than sixty (60) days prior to the election and that such sign shall be removed within ten (10) days following said election.

(d)

Penalties. Any person, contractor, or public service corporation who erects or maintains any sign of any nature or traffic control device or any thing resembling a traffic control device on the right-of-way of any highway or any street or posts any sign on any public utility pole or traffic control device within the public right-of-way shall be guilty of a misdemeanor offense, punishable by a twenty-five dollar ($25.00) fine per sign for a first offense, fifty dollar ($50.00) fine per sign for a second offense, or a one hundred dollar ($100.00) fine per sign for a third and subsequent offense.

Editor's note— Provisions enacted by Ord. No. 02-95, §§ 1—3, adopted May 23, 2002, have been included as a new subsection (14) to section VIII.E. Ord. No. 06-215, § 1, adopted Dec. 14, 2006 amended subsection (14) of section VIII.E.

9.

Exceptions and modifications to use regulations:

A.

Power plants, heating or refrigerating plants, or apparatus or machinery which are accessory to permitted uses in the A-1 Rural or Agricultural District and in the R-1A through RM-2 Residential Districts shall be permitted in these districts only if so placed and operated as to cause the least inconvenience to owners and tenants of adjoining lots and buildings; and provided that all of the abovementioned activities comply with existing ordinances and that they 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 nuisance.

Editor's note— Subsection A appears as amended by § IV of Ord. No. 710, adopted Dec. 17, 1986.

B.

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 and gas metering and pressure regulating stations shall be established in such districts except when so authorized by the council.

Editor's note— Subsection B appears as amended by § 1 of Ord. No. 89-134, adopted Aug. 10, 1984.

C.

Seven-foot transparent fences (page or similar) or four-foot nontransparent fences may be erected along the boundaries of a lot or any portions contained within these boundaries or along the boundaries of a front or rear yard area or any portions contained within these boundaries or along the boundaries of a side yard area or any portions contained within these boundaries to include an alignment when it is approximately parallel to the front lot line and connects the main building with a fence on or along the side lot line. A nontransparent fence from four (4) feet to seven (7) feet in height, however, shall not be erected in any portion of the front yard or any portion of the side yard in the case of reverse frontage or in any portion of the rear yard in the case of reverse street frontage, within ten (10) feet measured from the front street line or side street line in the case of reverse street frontage.

The above requirement of seven (7) feet for erection Of fences shall not apply in enclosing commercial and industrial areas or large recreational areas where safety and security must be maintained, in which case the building official may approve greater heights for fences up to twelve (12) feet in height.

Editor's note— The first portion of paragraph C. of § V111.9. appears as amended by § 6 of Ord. No. 204, adopted Sept. 13, 1978, and § 1 of Ord. No. 251, adopted March 19, 1980. The second portion was added by § 1 of Ord. No. 233, adopted July 25, 1979.

D.

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.

10.

Special regulations for telecommunication towers:

A.

Commercial telecommunication towers may be permitted as a permitted use in the I-1, I-2 and I-3 Industrial Zoning Districts, subject to the applicable minimum standards, but only in such cases where the tower is located wholly within the zoning district. If located wholly within the industrial zoning district, the fall radius may be reduced to one-half (½) the height of tower. If the tower is located a distance less than the height of the tower from the zoning district boundary, such towers may be permitted as a conditional use, subject to the applicable minimum standards. Commercial telecommunication towers shall not be permitted in the RS-1, RS-2, R-1A, R-1AB, R-1AA, R-1B, R-1C, R-2, RM-1 and RM-2 Residential Zoning Districts and MH Mobile Home Zoning Districts.

B.

Commercial telecommunication towers may be permitted as a conditional use in the A-1 and A-2 Rural and Agricultural Zoning Districts, the C-1 and C-2 Commercial Zoning Districts, the FP Flood Plain Zoning District and Medical Zoning District, subject to the applicable minimum standards.

C.

The provisions of this section shall not apply to any tower and/or antenna less than fifty (50) feet in height which is owned and operated by a federally licensed amateur radio station operator, however, all such towers and/or antennas shall require a building permit and shall not be permitted in any required front or side yard.

D.

Minimum standards:

(1)

Prior to the issuance of a building permit, a site development plan shall be presented for approval to the Planning, Permits and Zoning Department. The site development plan shall include all of the following items:

(a)

A site plan, including both plan and elevation views of the proposed tower and all necessary structures, setback dimensions, entrances and exists, parking and any required landscaping. For purposes of this section, the site shall include all property located, in whole or in part, within the fall radius of the tower.

(b)

A current certified survey of the site showing all existing lots and property boundaries, structures, streets, rights of way, servitudes, total square footage and zoning classification.

(c)

A list of the names and addresses of all property owners whose property either abuts the tower side or is located, in whole or in part, within a radius equal to the height of the tower.

(d)

An affidavit from the applicant which certifies that:

i.

There is a demonstrated need for the placement of the tower, if proposed for a rural and agricultural zoning district in which there are existing residences, and that there is not a technically suitable space available on an existing tower or structure and that there is not an alternative site that is technically feasible to accommodate the need which alternative site minimizes the potential adverse impact on existing residences; and

ii.

The proposed structure meets all requirements of all state and federal regulatory agencies involved and complies with all standards set by the Federal Communications Commission.

(e)

A report from a professional engineer registered to practice in the State of Louisiana stating that the proposed structure complies with all applicable structural standards and building codes, and describes the structure's capacity, including the number and type of antennas that it can accommodate.

(f)

Certification from a professional engineer registered to practice in the State of Louisiana setting forth the designed fall radius of the tower and stating that the proposed structure is capable of withstanding minimum basic wind speeds and wind loads as established in the most recent version of the International Building Code, or its successor, applicable at the time an application is filed with the parish's permits department. The proposed tower and any transmission equipment and/or related equipment and machinery must also be certified to meet any structural standards for antenna towers and support structures set in the most recent version of the Telecommunications Industry Association/Electronics Industries Associates Standards (TIA/EIA-222) applicable at the time an application is filed with the parish's permits department.

Editor's note— Subsection (f) appears as amended by Ord. No. 04-232, § 1, adopted Oct. 28, 2004, and further amended by Ord. No. 10-7, § 1, adopted Jan. 14, 2010.

(2)

All towers shall have the capacity to support and permit multiple users. Monopoles shall be able to accommodate a minimum of two (2) users and guyed or self-support lattice structure or frameworks shall be able to accommodate a minimum of three (3) users.

(3)

Construction plans shall be stamped and sealed by a professional engineer registered to practice in the State of Louisiana, engaged in the practice of civil or structural engineering, and not employed by the tower or communication company.

(4)

Any additional antenna placed upon an existing tower shall require a separate building permit and shall be subject to the wind load certification requirements as set forth in paragraph D subparagraph (1)(f) of this section.

(5)

Commercial antennas attached to rooftops or other structures without support towers shall require a building permit and construction plans which are stamped and sealed by a professional engineer registered to practice in the State of Louisiana, engaged in the practice of civil or structural engineering.

(6)

Fencing, landscaping and buffering:

(a)

The base of all towers shall be completely enclosed by transparent security fencing not less than six (6) feet in height. Accessory buildings and structures may be enclosed.

(b)

Existing on-site vegetation shall be preserved to the maximum extent practicable.

(c)

The security fencing of all towers shall be landscaped with a buffer of plant materials on all sides which face, and are within two hundred (200) feet of residentially developed land, residential zoning districts, public land or streets. The required buffer strip shall be not less than four (4) feet in width and shall include at least one row of trees or evergreen shrubs at least four (4) feet high when planted and spaced not more than fifteen (15) feet apart.

(7)

Except where superseded by the requirements of other parish, state or federal regulatory agencies, telecommunication towers or monopoles shall be constructed of galvanized metal or treated wood or painted in neutral colors such as gray.

(8)

Towers shall not be artificially lighted, unless and except as required by the FAA or other agency of the state or federal government. If lighting is required, the proposed lighting alternatives and design must be such as to cause the least disturbance to neighboring properties. Strobe lighting of any kind is prohibited except as required by the FAA or other agency of the state or federal governments.

(9)

The Department of Planning, Permits and Zoning shall be given written notification when a structure becomes unused and/or abandoned. All unused and/or abandoned structures must be removed within twelve (12) months of cessation of operations at the site. Lease agreement between tower owner and land owner shall specify who is responsible for removal of tower and related structures upon cessation of operations at the site.

(10)

The use of any portion of a tower for signs or advertising purposes, including proprietary purposes shall be strictly prohibited except in conformity with the sign regulations of this Ordinance unless required by any state or federal agency.

E.

Shared uses:

(1)

To minimize adverse visual impacts associated with the proliferation and clustering of telecommunication towers, co-locations of antennas by more than one (1) provider on existing or new towers shall take precedence over the construction of new single use facilities telecommunication towers.

(2)

Notwithstanding any other provision of this paragraph, antennas shall be permitted uses if placed on existing towers or structures with sufficient loading capacity, after approval by the Building Department.

F.

Antennas on parish property:

(1)

Antennas may be placed on property owned by the parish, regardless of zoning district, subject to execution of an agreement acceptable to the parish.

All antennas on parish property shall require a building permit and construction plans which are stamped and sealed by a professional engineer registered to practice in the State of Louisiana, engaged in the practice of civil or structural engineering.

G.

Existing towers: Towers in existence as of the effective date of this amendment may be replaced with a tower of equal or less visual impact, subject to approval by the Building Department, and provided that the proposed new tower meets the minimum standards set forth herein.

H.

Setback requirements: The distance between the perimeter of the base of any tower and any existing residential zoning district, or existing residence in non-residential zoning districts, shall be not less than the following:

(1)

Monopole setback equal to fall radius;

(2)

Self-support lattice setback equal to fall radius.

(3)

Guyed tower setback equal to fall radius.

Future applications by property owners to build structures within the above setback shall require that they execute waiver.

I.

Special provisions—Property owners:

(1)

Two (2) or more property owners may offer their property for the location of towers.

(2)

Consenting neighbors may combine their properties to accommodate the fall radius.

(3)

Adjacent property owners may sign a waiver to allow fall radius beyond property lines of tower site.

(4)

Property owners within the fall radius of a tower may sign a waiver in order to construct structures within the fall radius of a tower.

Editor's note— Subsection 10 of section VIII was added by Ord. No. 00-142, § 2, adopted June 22, 2000.

11.

Restrictions of the location of in-patient treatment and mental health facilities.

A.

Not withstanding any local and state provision to the contrary, it shall be unlawful for any person to operate an in-patient drug facility or an in-patient mental health facility within one thousand (1,000) feet of a playground, school, church, public library or child daycare/nursery.

B.

Measurement of distance. The measurement of distance pursuant to this Ordinance shall be made as a person walks from the nearest point of the property line of the playground, school, church, public library or child daycare/nursery to the nearest point of the in-patient drug treatment facility or the in-patient mental health facility.

C.

Definitions, For the purpose of this subsection, the proceeding terms shall be defined as follows:

(1)

In-patient drug treatment facility. Any facility which operates or houses patients during the hours of 10 p.m. and 6 A.M. and is utilized for diagnostic, treatment, and rehabilitative services to patients and their families with problems related to alcohol, drug, or substance abuse;

(2)

In-patient mental facility. Any facility which operates or houses patients during the hours of 10 p.m. and 6 a.m. and is utilized for mental health, developmental disabilities and addictive disorders, services prevention, detection, treatment, rehabilitation, and follow-up care of mental and emotional illness;

(3)

Playground. Any property owned by the state or by a political subdivision and used or operated as a playground or recreational facility and all parks and recreational areas administered by the state;

(4)

School. Any public or private elementary or secondary school;

(5)

Child daycare/nursery. Any property on which is located a facility licensed, or which should be licensed, as a daycare center under the provisions of the childcare facility and child-placing agency licensing at "La. R.S. 46:1401 et seq." or licensed as a group child daycare home under the provisions of the childcare registration law "La. R.S. 46:1441 et seq."

Editor's note— Subsection 11 of Sec. VIII was added by Ord. No. 07-298, adopted Dec. 13, 2007.

12.

Special restrictions on retail establishments located in Districts C-1, C-2, I-1, I-2 and I-3:

A.

No retail establishment located in Zoning Districts C-1, C-2, I-1, I-2 and/or I-3 shall have a floor area in excess of twenty-five thousand square feet (25,000 sq. ft.).

B.

Any retail establishment located in Zoning Districts C-1, C-2, I-1, I-2 and/or I-3 that has a floor area in excess of twenty-five thousand square feet (25,000 sq. ft.) may only be permitted as a planned unit development subject to the requisite site plan review process of the Plaquemines Parish Planning Development Board and final approval by the Plaquemines Parish Council.

C.

The restrictions contained in this subsection shall apply only to District(s) 2 east of the Intracoastal Waterway, 3 and that part of District 4 north of Russell Drive.

D.

For the purpose of this subsection, the proceeding terms shall be defined as follows:

(1)

Floor area shall mean interior building space comprised of the total enclosed floor area of all stories of a building, accessory buildings, and other attached structures measured to the outside structural members and exterior walls, including hallways, stairways, service and mechanical equipment rooms, unenclosed sales and display areas and other similar spaces.

(2)

Planned unit development shall mean an integrated design for the development of residential uses and commercial uses (retail establishments), or a combination of such uses, in which one or more of the regulations, other than use regulations, of the zoning district in which the development is to be situated, is waived or varied to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements as specified in the zoning ordinance.

E.

Purpose of the district: The purpose of the district is to encourage flexibility in the development of land, creative design, more orderly development and to promote and preserve the scenic features of the site all in accordance with the land use and development standards enumerated in the Plaquemines Parish Master Plan. Additionally, the purpose is to ensure that commercial developments, i.e. retail establishments, are properly designed and constructed to maintain proper zoning, planning, drainage and engineering impacts, as well as, safe ingress and egress to all public roads, to protect the safety, health and welfare of the citizens of Plaquemines Parish. A PUD may consist of, but not be limited to, the following criteria:

(1)

The development of compatible land uses arranged in such a way as to provide desirable living environments that may include private and common open spaces for recreation, circulation, or and/or aesthetic uses;

(2)

The conservation or development of desirable amenities not otherwise possible by typical development standards;

(3)

The creation of areas for multiple uses that are beneficial to the community;

(4)

Preservation of natural features of a development site;

(5)

Efficient and effective traffic circulation, both within and adjacent to the development site;

(6)

Diversification and variation in the relationship of residential uses, open space, and the setbacks and height of structures in developments intended as cohesive, unified projects.

F.

Regulations of the underlying zoning district: Unless otherwise noted, the minimum standards of the underlying zoning district(s) shall apply.

G.

General standards and development criteria: In order for all Plaquemines Parish agencies including the Parish Council to make competent and definitive decisions regarding the proper establishment of a planned unit development, the following general standards and development criteria shall be applicable:

(1)

Physical characteristics of the site: Any retail establishment with a floor area in excess of twenty-five thousand square feet (25,000 sq. ft.) shall be subject to the regulations set forth herein. The site shall be ten (10) or more acres in size and suitable for development in the manner proposed without hazard to persons or property adjacent to the site, in conformance with the standards and parameters established in the Comprehensive Zoning Ordinance.

(2)

Relation to major thoroughfares: A PUD shall be properly located with respect to interstate, major highways, and major arterial streets so as to not create major shifts of traffic generations to intermediate collectors and/or minor streets.

H.

Plan review: Prior to the submission of a PUD application, an informal pre-application conference with the PUD Review Committee (PUDRC) shall be required. The PUDRC shall be comprised of seven (7) committee members which shall include the following: the Director of the Plaquemines Parish Department of Economic Development whom shall serve as the chair and presiding officer of the PUDRC, two (2) staff members from the Plaquemines Parish Department of Permits, Planning and Zoning, one (1) staff member from the Plaquemines Parish Department of Engineering, one (1) staff member from the Plaquemines Parish Department of Water and Sewerage, one (1) Plaquemines Parish resident to be appointed by the Plaquemines Parish President, and one (1) Plaquemines Parish resident to be appointed by the Council Member whose district encompasses the proposed PUD. The purpose of this conference shall be to discuss PUD parameters and requirements so as to ensure that the application conforms to the current development standards and regulations of Plaquemines Parish.

Following the PUD pre-application conference, a Conceptual Plan shall be submitted with the application. This plan shall include the following information:

(1)

The title of the project and the names of the project planner and developer.

(2)

A legal description of the property including Township, Section and Range, as well as total site acreage for the development.

(3)

Plat indicating scale, date, north arrow, and general vicinity map indicating existing land uses within five hundred (500) feet of all boundaries of the proposed PUD. This plat shall also include all existing physical features such as existing streets, buildings, watercourses, easements, soil conditions, vegetative cover and topography.

(4)

Site information including the following criteria shall be provided:

a.

Boundaries of the property involved;

b.

Average size and maximum number of lots;

c.

Parcels or site to be developed or occupied by buildings;

d.

The general location of areas to be devoted to open space including those areas to be dedicated for parks, playgrounds, or school sites;

e.

The general location and maximum amount of areas to be developed for parking;

f.

The approximate location of ingress, egress, and access streets;

g.

The approximate location of pedestrian and vehicular ways;

h.

The extent of landscaping and planting;

i.

Location and/or sources of water and sewer facilities; and

j.

Front, side and rear yard setback lines;

(5)

Tabulation of the maximum square footage of each use.

(6)

The building elevations as well as the proposed maximum height of any building or structure.

(7)

Maximum total land area, minimum public and private open space, streets, off-street parking and loading areas.

(8)

Restrictive covenants including the assurance of the maintenance of common areas and the continued protection of the PUD. The Plaquemines Parish Planning Development Board (PPDB) must review and approve the Restrictive Covenants prior to recordation thereof with the Clerk of Court.

(9)

A Traffic impact analysis (TIA) conducted by an independent agency to be determined by the Department of Engineering that includes circulation elements indicating the proposed principal movement of vehicles, goods, and pedestrians.

(10)

Environmental assessment data form.

(11)

Initial wetland delineation as determined by a qualified wetlands consultant.

(12)

Flood zone elevation and demarcation lines (indicated FIRM map and panel number).

(13)

Documents and drawings indicating ultimate disposal of surface drainage.

(14)

The PUDRC, PPDB, or the Parish Council may require additional material such as plans, maps, aerial photographs, studies, and reports that may be needed in order to make the necessary findings and determinations that the applicable parish standards and guidelines have been achieved.

I.

Plan approval: The PUDRC shall hold a formal review conference with the PUD applicant at least three (3) weeks prior to the public hearing by the PPDB in order to allow for sufficient time in which to fulfill the requisite advertisement of the public hearings, the requisite postings of public signs within the vicinity of the proposed PUD indicating that an application has been made, and to note the areas of concern by the PUDRC with the application by providing written notice to the applicant within one week of the formal review conference. The purpose of this review conference is to provide constructive feedback to the developer/applicant on compliance with the PUD requirements. The PUD application process from the date in which the PUD application is filed until final Council review/approval shall not exceed a maximum of one hundred eighty (180) days from the date that the initial PUD application is filed, unless an informal thirty (30) day extension of time is granted in writing to the applicant by either the PPDB and/or the Parish Council. At no time during the review process shall more than three (3) informal thirty-day extensions be granted in total to any one applicant by either the PPDB and/or the Parish Council.

J.

Public hearing requirements: Following the formal review conference with the applicant, the PUDRC shall forward a written recommendation to approve or deny the PUD to the PPDB within 15 days. The PPDB shall then hold a minimum of two (2) formal public hearings on the PUD application. Within a maximum of sixty (60) days from the initial public hearing date, the PPDB shall forward a written recommendation to approve or deny the PUD to the Plaquemines Parish Council. The PPDB shall retain the right to add stipulations and conditions to its approval and shall determine if the applicant has met all or part of the PUD parameters and requirements, including, but not limited to, the following:

(1)

The tract for the proposed PUD is suitable for development and does not conflict with the Parish Master Plan, and the areas surrounding the proposed PUD can continue to be developed in coordination and substantial compatibility with the PUD.

(2)

That the desirable purpose of the general zoning regulations as applied to the particular case, justify such modifications of regulations and at least an equivalent degree of the stipulations to be modified, based on the design and amenities incorporated in the site development plan.

(3)

That increased open space over conventional development is provided for the occupants of the proposed PUD and the general public, and desirable natural features indigenous to the site in accordance with the open space parameters as follows:

a.

A minimum of five (5) percent of open space shall be required within the PUD and should be devoted to active and/or passive recreational purposes.

b.

Protects all flood plains and wetlands in accordance with Parish regulations pertaining to fill.

c.

Preserves and maintains to the extent possible mature woodlands and buffers.

d.

Protects rural roadside character and improves public safety by minimizing development fronting and accessing directly onto the public road.

e.

Provides for pedestrian circulation between properties and features of the site and continuity of open spaces where possible.

(4)

Internal planned unit development parameters:

a.

Density of the proposal shall not exceed the density permitted in accordance with the requirements of the zoning regulations.

b.

Every dwelling unit or other use within the PUD shall have direct access to a public or private street via pedestrian walkways or paths, courts, or other access-related easements. It should not be construed that access for permitted uses must front on a dedicated street.

If lots and or parcels are created within the boundaries of the PUD, no minimum size or yards shall be required, except as approved as part of the individual PUD proposal.

(5)

Central sewerage and water systems shall be provided to all uses within this district. Septic tanks and individual water wells are prohibited in PUD developments.

K.

Binding nature of approval for the planned unit development: All terms, conditions, safeguards, and stipulations made at the time of approval or the PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirements, conditions, or safeguards shall constitute a violation of these zoning regulations.

(1)

Review and approval process: This multi-step process requires PUDRC review and PPDB recommendation for approval or disapproval (except in those cases where minor subdivision approval is authorized, or an exemption applies). Approval of a PUD overlay does not change the underlying zoning classification of the property. PUD overlay approvals that have been granted approval by the Parish Council, after consideration and recommendation by the PPDB, shall remain in effect for a period of not more than two (2) years from the date of approval by the Parish Council, unless a portion or phase of the proposed development has been granted Preliminary Plat Approval by the PPDB in accordance with the Parish Subdivision Regulations.

If no portion of the original PUD, which has been granted zoning approval by the Parish Council, is granted preliminary approval within two (2) years of the date of the Parish Council's original approval of the PUD, the owner/developer shall be required to submit an application for a new PUD overlay review and approval by the PPDB and the Parish Council, and pay all applicable fees.

(2)

Final development plan: After review and a recommendation of the conceptual development plan by the PUDRC and the PPDB, respectively, the applicant shall submit a final plan, which shall include a stamp by both a licensed engineer and architect, to the Parish Council indicating all terms, conditions, safeguards and stipulations as required by the applicable Parish agencies for final approval by the Parish Council. The Parish Council shall retain the sole governing authority to approve or deny the PUD and final development Plan as submitted by the applicant.

L.

Amendments to the planned unit development: Amendments to the PUD shall be classified as either major or minor in character.

(1)

Major amendments to the PUD shall require the developer/applicant to submit revised plans to the PPDB. Upon review of the proposed amendments to the PUD by the PPDB, a public hearing shall be established for the review of the proposed amendments submitted to the PPDB. Following the public hearing, the PPDB shall forward a recommendation to approve or deny the PUD to the Parish Council within fifteen (15) days of the public hearing. The Parish Council shall have the sole governing authority to review and approve all major changes to the PUD.

Public advertisement shall be required at least fifteen (15) days prior to the meeting date and shall run in the official journal of the parish at least twice during that time period.

Furthermore, the developer shall pay additional fees for procurement of the proposed PUD changes. The additional fees shall be established and defined by the PPDB upon initial review of the proposed amendments.

Major changes to the PUD plan include changes to:

a.

The use of the land;

b.

The use, bulk and location of significant buildings and structures;

c.

The location of open spaces;

d.

A reduction in the quantity or quality of open space;

e.

An increase in the intensity of uses and/or density of a development; and

f.

An increase of three (3) percent or more in total floor area of all uses within the PUD's boundaries.

(2)

Minor amendments to the PUD shall be construed as all other changes not considered major amendments as listed above in Item A. Minor amendments changes shall be submitted for review and approval by the PUDRC.

Editor's note

Subsection 12 of section VIII was added by Ord. No. 11-49, § 1, adopted March 10, 2011.