Unified Development Code
PREPARED BY: UNIVERSITY OF NEW ORLEANS DIVISION OF PLANNING CITY OF KENNER PLANNING DEPRTMENT
City of Kenner Unified Development Code Table of Contents
Article I. Title ...... I-1 Article II. Purpose and Intent ...... II-2 Article III. General Provisions ...... III-3 Section 3.01 Existing Codes to be Repealed or Modified ...... III-3 Section 3.02 Applicability ...... III-3 Section 3.03 Conflict with Other Laws and Regulations ...... III-4 Section 3.04 Severability ...... III-4 Section 3.05 Effective Date ...... III-4 Section 3.06 Restriction on Land, Buildings and Structures ...... III-4 Section 3.07 Revocation of Streets and Public Ways ...... III-5 Section 3.08 Protection of Major Street Rights-of-Way ...... III-6 Section 3.09 Approach Zones ...... III-6 Section 3.10 Ingress and Egress ...... III-6 Section 3.11 Exception to Side Yard Requirements for Corner Lots in Residential Areas ...... III-6 Article IV. Administration and Enforcement ...... IV-7 Section 4.01 Purpose ...... IV-7 Section 4.02 Administration ...... IV-7 Section 4.03 Powers ...... IV-7 Section 4.04 Enforcement ...... IV-16 Article V. Definitions...... V-19 Section 5.01 Purpose ...... V-19 Section 5.02 Terms ...... V-19 Section 5.03 Use Definitions ...... V-19 Section 5.04 General Definitions ...... V-49 Article VI. Zoning ...... VI-62 Section 6.01 General Procedures ...... VI-62 Section 6.02 Notice Provisions...... VI-64 Section 6.03 Procedures and Approvals ...... VI-66 Section 6.04 Zoning Districts - General ...... VI-89 Section 6.05 Single-family Residential Districts (R-1, R-1A, RR-1) ...... VI-90 Section 6.06 Residential Planned Unit Development District (R1-P) ...... VI-95
City of Kenner i Table of Contents Unified Development Code List of Figures and Tables Section 6.07 Two-family Residential District (R-2) ...... VI-96 Section 6.08 Three-and Four-Family Residential District (R-3) ...... VI-98 Section 6.09 Multi-Family Residential District (R-MF) ...... VI-101 Section 6.10 Commercial Districts (C-1, C-2) ...... VI-103 Section 6.11 Industrial Districts (S-I, L-I, H-I, A-HI) ...... VI-112 Section 6.12 Recreation District (RD) ...... VI-126 Section 6.13 Rivertown Historic District (RHD) ...... VI-128 Section 6.14 Laketown District (LD) ...... VI-143 Section 6.15 Mixed Use District (MU) ...... VI-146 Section 6.16 Batture District (BD) ...... VI-158 Article VII. Off Street Parking and Loading Regulations ...... VII-161 Section 7.01 Intent & Purpose ...... VII-161 Section 7.02 General Provisions ...... VII-161 Section 7.03 Computation of Parking and Loading Requirements ...... VII-164 Section 7.04 Required Off-Street Motor Vehicle and Bicycle Parking Spaces ...... VII-164 Section 7.05 Required Off-Street Loading Spaces ...... VII-167 Section 7.06 Design of Motor Vehicle Parking Spaces ...... VII-168 Section 7.07 Design of Bicycle Parking Spaces...... VII-177 Section 7.08 Design of Off-Street Loadings Spaces ...... VII-178 Section 7.09 Driveway Design ...... VII-179 Section 7.10 Vehicle Stacking Spaces for Drive-Through Facilities ...... VII-181 Section 7.11 Storage of Commercial & Recreational Vehicles ...... VII-182 Section 7.12 Parking in Front Yards ...... VII-186 Article VIII. Hazardous and Obnoxious Uses ...... VIII-190 Section 8.01 General ...... VIII-190 Section 8.02 Established Hazardous or Obnoxious Uses ...... VIII-190 Section 8.03 Basic Requirements for Hazardous and Obnoxious Uses ...... VIII-191 Article IX. Landscaping Regulations ...... IX-193 Section 9.01 Intent and Purposes ...... IX-193 Section 9.02 Enforcement of Provisions ...... IX-193 Section 9.03 Integration with Storm water Management ...... IX-193 Section 9.04 Landscape Management Plans ...... IX-194 Section 9.05 Installation and Maintenance of Plant Materials ...... IX-198 Section 9.06 General Landscape Design Standards ...... IX-200
City of Kenner ii Table of Contents Unified Development Code List of Figures and Tables Section 9.07 Technical Landscape Design Standards ...... IX-203 Section 9.08 Tree Preservation ...... IX-209 Section 9.09 Tree and Shrub Plantings on Public Property...... IX-212 Article X. Storm water Management ...... X-218 Section 10.01 Intent and Purposes ...... X-218 Section 10.02 Enforcement of Provisions ...... X-218 Section 10.03 Integration with Landscaping ...... X-218 Section 10.04 Storm water Management Plans ...... X-218 Section 10.05 Storm water Management Requirements ...... X-221 Article XI. General Sign Regulations ...... XI-226 Section 11.01 Purpose and Intent ...... XI-226 Section 11.02 General ...... XI-226 Section 11.03 Administration and Enforcement ...... XI-227 Section 11.04 Permanent Signs ...... XI-235 Section 11.05 Temporary Signs ...... XI-249 Section 11.06 Sign Definitions ...... XI-253 Article XII. Supplementary Use and Performance Standards ...... XII-261 Section 12.01 General ...... XII-261 Section 12.02 Exceptions to Height Requirements ...... XII-261 Section 12.03 Supplementary Area and Bulk Requirements ...... XII-261 Section 12.04 Use Regulations ...... XII-263 Section 12.05 Yard Regulations ...... XII-266 Section 12.06 Accessory Buildings ...... XII-267 Section 12.07 Townhouses ...... XII-268 Section 12.08 Manufactured Home Parks ...... XII-269 Section 12.09 Use of Manufactured and Modular Homes as a Single-Family Detached Use on Individual Lots of Record ...... XII-271 Section 12.10 Group Homes ...... XII-273 Section 12.11 Automobile Sales Establishments: New, Used, and Rental ...... XII-274 Section 12.12 Service Stations and Similar Uses ...... XII-275 Section 12.13 Exterior Lighting ...... XII-275 Section 12.14 Home Occupations ...... XII-278 Section 12.15 Telecommunications Towers ...... XII-280
City of Kenner iii Table of Contents Unified Development Code List of Figures and Tables Article XIII. Subdivision Regulations ...... XIII-285 Section 13.01 Definitions...... XIII-285 Section 13.02 Preliminary Subdivision Plan ...... XIII-285 Section 13.03 Final Subdivision Plan ...... XIII-286 Section 13.04 Approval of and Fee for Resubdivision ...... XIII-287 Section 13.05 Acre or Large Tract Subdivisions ...... XIII-287 Section 13.06 Relation to Adjoining Streets ...... XIII-288 Section 13.07 Street and Alley Widths ...... XIII-288 Section 13.08 Blocks ...... XIII-288 Section 13.09 Lots ...... XIII-288 Section 13.10 Improvements ...... XIII-288 Section 13.11 Approval conditions ...... XIII-289 Section 13.12 Protection of Utilities from Excessive Exposure to Flooding ...... XIII-290 Section 13.13 Variations and Exceptions ...... XIII-290 Section 13.14 Enforcement ...... XIII-291 Section 13.15 Violation and Penalty ...... XIII-291 Section 13.16 Conflicting Provisions Repealed ...... XIII-292 Section 13.17 Validity ...... XIII-292 Article XIV. Nonconforming Uses ...... XIV-293 Section 14.01 Purpose ...... XIV-293 Section 14.02 Continuance ...... XIV-293 Section 14.03 Extensions, Additions and Enlargements...... XIV-293 Section 14.04 Change in Use ...... XIV-294 Section 14.05 Change in Occupancy ...... XIV-295 Section 14.06 Restoration of Nonconforming Uses ...... XIV-295 Section 14.07 Vacancy of a Nonconforming Structure ...... XIV-296 Section 14.08 Limitation of Nonconforming Use of Land...... XIV-297 Article XV. Hazard Aerial Zoning ...... XV-298 Section 15.01 Definitions...... XV-298 Section 15.02 Airport Zones ...... XV-300 Section 15.03 Airport Zone Height Limitations ...... XV-301 Section 15.04 Use Restrictions ...... XV-302 Section 15.05 Nonconforming Uses ...... XV-302 Section 15.06 Permits ...... XV-302
City of Kenner iv Table of Contents Unified Development Code List of Figures and Tables Section 15.07 Penalties ...... XV-303 Section 15.08 Conflicting Regulations ...... XV-304 Section 15.09 Severability ...... XV-304 Article XVI. Appendix ...... XVI-305 Section 16.01 Fee Schedule ...... XV-305 List of Figures and Tables
Figure V-1: Buildable Area ...... V-49 Figure V-2: Measuring the Height of Buildings ...... V-50 Figure V-3: Floor Area Ratio ...... V-53 Figure V-4: Lot Types ...... V-55 Figure V-5: Yard Types ...... V-61 Figure VI-1: Rivertown Historic District ...... VI-129 Figure VI-2: Façade Measurements ...... VI-154 Figure VI-3: Sustainable Roof ...... VI-156 Figure VII-1: Sight Distance Triangle for Parking Structure Driveways ...... VII-173 Figure VII-2: Parallel Parking Strips ...... VII-174 Figure VII-3: Pedestrian Walkways ...... VII-177 Figure VII-4: Cross Access Servitudes ...... VII-180 Figure VII-5: Stacking Spaces...... VII-181 Figure VII-6: Permanent Location of Off-Street Parking…………...………………………………………...…………..VII-187 Figure VII-7: Permanent Location of Off-Street Parking…………………………………………………………………..VII-188 Figure XI-1: Sign Area Computation ...... XI-229 Figure XI-2: 3-D Sign Area ...... XI-230 Figure XI-3: Measuring Sign Height ...... XI-230 Figure XI-4: Illuminance Measurement Point (Plan View) ...... XI-241 Figure XI-5: Photocell Orientation (Elevation View) ...... XI-242 Figure XI-6: Target Area ...... VI-243 Figure XI-7: Embedded EVM Sign Panels within a non-EVM Sign Panel ...... XI-248
Table VI-1: Permitted Uses……………………………………………………………………………………………………………...VI-148 Table VII-1: Off-Street Parking Requirements ...... VII-166 Table VII-2: Off-Street Loading Requirements ...... VII-168 Table VII-3: Off-Street Motor Vehicle Parking Dimensions (Standard Space) ...... VII-171 Table IX-1: Tree Preservation Credit Schedule ...... IX-210 Table XII-1: Outdoor Lighting Intensity Specifications ...... XII-277
City of Kenner v Table of Contents Unified Development Code List of Figures and Tables Article I. Title
This ordinance shall be known as the "Unified Development Code of the City of Kenner, Louisiana.”
City of Kenner I-1 Article I Unified Development Code Title Article II. Purpose and Intent
The regulations and districts set forth in this code have been made in accordance with the goals and objectives of the City of Kenner Comprehensive Plan with the purpose of addressing existing and future needs of the City of Kenner in order to guide development, protect, promote and improve community resilience, the public health, safety, convenience, order, appearance, prosperity and general welfare.
The regulations hereby enacted are designed to exercise the full range of authority available to the City of Kenner under Louisiana law to:
(a) Promote the public health, safety, and general welfare of the community, while recognizing the rights of real property owners, by adopting a Unified Development Code for the City of Kenner.
(b) Help achieve the goals, objectives, and policies of the City of Kenner “Pattern for Progress” Comprehensive Plan.
(c) Make the City of Kenner more resilient to natural and man-made disasters by reducing vulnerability to potential disasters and improving the City’s ability to adapt and recover from a disaster.
(d) Provide the most beneficial relationship between the uses of land and buildings and the circulation of automobile traffic and pedestrians throughout the City of Kenner, and to secure safety from natural disasters, fire, and other dangers by providing for the proper location of streets, sidewalks, and buildings.
(e) Provide for a range of open spaces through the most efficient design and layout of the land.
(f) Carry out such other purposes in the public interest as may be specifically cited in this code.
City of Kenner II-2 Article VII Unified Development Code Purpose and Intent Article III. General Provisions
Section 3.01 Existing Codes to be Repealed or Modified
Upon the effective date of this Code, the following ordinances that are currently in effect and any subsequent amendments to them shall be repealed or modified:
(a) Ordinance 2427, Comprehensive Zoning Ordinance, adopted December 4, 1978, shall be repealed and replaced with the Unified Development Code;
(b) Chapter 14, Subdivisions; of the Code of Ordinances, City of Kenner, adopted August 14, 1972, shall be repealed and modified in Article XIII of the Unified Development Code;
(c) Chapter 10, Article VII, Group Homes and Community Homes of the Code of Ordinances, City of Kenner, adopted August 14, 1972, shall be repealed and modified in Article XII, 0 of the Unified Development Code;
(d) Chapter 2, Article III, Planning Commission, and Zoning Commission of the Code of Ordinances, City of Kenner, adopted August 14, 1972, shall be repealed and modified in Article IV, Section 4.03 of the Unified Development Code.
Section 3.02 Applicability
(a) Territorial Application: This Ordinance applies to all land, uses, and structures within the corporate limits of the City of Kenner, LA. (b) General Application: In their interpretation and application, the provisions of this Ordinance are the minimum and maximum requirements for the promotion and protection of the public health, safety, and welfare, and are construed to achieve the purposes for which this Ordinance was adopted. (c) Required Conformance with Ordinance: No portion or whole of any lot, parcel of land, or structure may be used or occupied, and no structure, in whole or in part, may be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless it conforms to the provisions of this Ordinance. (d) Subdivisions Required to Conform with Ordinance: All subdivision of land must conform to the provisions of this Ordinance. Where this Ordinance is more restrictive than the Subdivision Regulations, the more restrictive will prevail.
City of Kenner III-3 Article III Unified Development Code General Provisions
(e) Ordinance Control of Private Agreements/ Restrictive Covenants: Where this Ordinance is more restrictive than a private agreement or restrictive covenant, this Ordinance controls. Where a private agreement or restrictive covenant is more restrictive than this Ordinance, the private agreement controls. The City will not enforce any private agreements or restrictive covenants.
Section 3.03 Conflict with Other Laws and Regulations
(a) In interpreting and applying the provisions of this Ordinance these provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare.
(b) It is not intended by this Ordinance to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties.
(c) Whenever these regulations contain an actual, implied, or apparent conflict with other laws and regulations, including an internal conflict within this Ordinance, the more restrictive regulation applies, unless otherwise specified.
(d) All development must comply with relevant Federal and State regulations. Whenever any provision of this zoning code imposes a greater requirement or a higher standard than is required in any Federal or State statute or regulation, the provisions of this zoning code shall govern unless preempted by Federal or State law.
Section 3.04 Severability
If any section or provision of this Ordinance is declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid.
Section 3.05 Effective Date
The effective date of this Ordinance is ninety (90) days from the date of adoption of this Ordinance, adopted __(date)__.
Section 3.06 Restriction on Land, Buildings and Structures
(a) 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 for any purpose or in
City of Kenner III-4 Article III Unified Development Code General Provisions any manner other than a use designated in this ordinance, or amendment thereto. Further, no property shall be utilized as allowed under this ordinance unless fronting on an improved, accepted-for-maintenance street.
(b) Height: No structure or building shall be erected nor shall any existing building be moved, reconditioned, or structurally altered to exceed in height the limit established in this ordinance, or amendment thereto, for the district in which such building or structure is located. Further, no building or structure shall exceed height limits established in Section 3.09, airport runway approach zones.
(c) 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 ordinance, or amendment thereto, for the district in which such building or structure is located.
(d) Density of population: No building, structure, or premises shall be erected, occupied, or used to provide a greater density of population than is allowed under the terms of this ordinance for the district in which such building, structure, or premises is or are located.
(e) 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 ordinance, or amendment thereto, shall be considered as providing a yard or open space for any other building structure, except as otherwise provided by this zoning ordinance.
(f) Required lot and occupancy:
Every building or structure hereinafter erected shall be located on a lot of record. The physical development of land shall not be constructed over existing lot lines. A resubdivisoin of land into one (1) lot of record may be required in order to accommodate the size of the development.
Section 3.07 Revocation of Streets and Public Ways Whenever the dedication of any street, alley or other public way is revoked by ordinance, the zoning district abutting each side of such street, alley or public way shall automatically extend to the center of
City of Kenner III-5 Article III Unified Development Code General Provisions same, and all area included therein shall then become subject to all appropriate regulations of the extended districts. Section 3.08 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 depth 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 of Kenner. Section 3.09 Approach Zones No hazard to aircraft shall be located in airport runway approach zones, as indicated on the attached zoning maps of the City of Kenner and shall not exceed a height established by a line beginning at the end of the runway and in alignment with the runway and extending outward and upward at a ratio of one foot vertical distance to fifty (50) feet horizontal distance. Further, all structures placed in the runway approach zones must be approved by the Federal Aviation Administration and determined to be no hazard to flight navigation. Section 3.10 Ingress and Egress Whenever an industrial or general commercial development abuts a residential district, or occurs near a residential district, no residential street shall be used to provide ingress and egress to said industrial or general commercial development. Section 3.11 Exception to Side Yard Requirements for Corner Lots in Residential Areas Notwithstanding the provisions of this ordinance concerning side yard requirement for corner residential lots, there shall be permitted projection into required side yards along the side street of such corner lots for the purpose of construction of fireplaces, bay windows and central air conditioning systems, provided that such projections shall not project more than three (3) feet into the required side yard, and shall not exceed eight (8) feet in total length.
City of Kenner III-6 Article III Unified Development Code General Provisions Article IV. Administration and Enforcement
Section 4.01 Purpose
The purpose of this Article is to outline the specific powers of the various City of Kenner boards, commissions, and officials as they relate to the administration and implementation of this Ordinance.
Section 4.02 Administration
The provisions of this ordinance shall be administered by the Director of the Planning and Zoning Department, or the Director’s designee.
Section 4.03 Powers
(a) City Council:
Pursuant to the City of Kenner Home Rule Charter, the Kenner City Council has the following powers:
(1) To make final decisions by ordinance on zoning regulations and the official zoning map.
(2) To make final decisions by ordinance on amendments to the zoning text or map.
(3) To make final decisions by ordinance on conditional use applications.
(4) To make final decisions by ordinance on planned development applications.
(5) To accept dedication of improvements.
(b) Planning and Zoning Commission:
The Planning and Zoning Commission shall have the following powers and rights, and shall perform all the duties and be charged with all of the responsibilities pursuant to Louisiana Revised Statutes Title 33 Sections 101 – 119, and local Ordinance No. 7525.
(1) To make and adopt a master plan for the City of Kenner.
(2) To make recommendations on the adoption by ordinance of the zoning regulations and zoning map.
City of Kenner IV-7 Article IV Unified Development Code Administration and Enforcement (3) To make recommendations on the adoption of amendments to the zoning text or map.
(4) To make recommendations on the adoption by ordinance on conditional use applications.
(5) To make recommendations on the adoption by ordinance on planned unit development applications.
(6) To make recommendations on the adoption by ordinance on site plan review applications when required as a condition of development approval.
(7) To make recommendations on the adoption by ordinance on subdivision and resubdivision requests that require approval by Kenner City Council.
(8) The process for these actions by the Commission is in accordance with Article VI of this Ordinance.
(9) Terms of Office:
The planning commission shall consist of seven (7) members, all of whom must be residents of the City of Kenner. Members shall be appointed by the City Council, unless stated otherwise, of the municipality and in accordance with the provisions of Title 33, Section 103 of the Louisiana Revised Statutes, for a term of four (4) years, from and after the expiration of the term of their predecessors in office, one appointment to be made each year.
(10) All members of the planning commission shall serve without compensation.
(11) The City municipal planning commission is hereby designated as the City zoning commission, in accordance with the provisions of Title 33, Section 106, and Section 4726, Louisiana Revised Statutes of 1950.
(12) The zoning commission shall have and hold all of the powers, and rights and shall perform all of the duties and be charged with all the responsibilities provided for in Title 33, Sections 4721 to 4729, inclusive, Louisiana Revised Statutes.
(c) Board of Zoning Adjustments:
The Board of Zoning Adjustments was created and established in accordance with the Section 4.28 of the City of Kenner Charter and with Louisiana Revised Statues, Chapter 33, Section 4727. The
City of Kenner IV-8 Article IV Unified Development Code Administration and Enforcement word "board" when used in this Article shall be construed to mean the board of zoning adjustments.
(1) Powers of the Board of Zoning Adjustments:
The Board of Zoning Adjustments shall have the following powers, and it shall be its duty:
a. To hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision, or determination made by the Director of inspection and code enforcement in the enforcement of City of Kenner ordinances adopted pursuant to R.S. 33.4721 through R.S. 33.4729.
b. In hearing and deciding appeals, the board shall have the power to grant an exception in the following instances:
i. Where the boundary line of a district divides a lot held in single ownership at the time of the passage of this ordinance, permit the extension of the district to include the entire lot.
ii. Interpret the provision of ordinance adopted pursuant to R.S. 33.4721 through R.S. 33.4729 in such a way as to carry out the intent and purpose of the plan, as shown on the map fixing the several districts, accompanying and made a part of said ordinances, where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.
(2) Terms of Office:
The Board of Zoning Adjustments shall consist of five (5) members and shall include two (2) alternate members, all of whom shall be freeholders and qualified voters. The membership of the first board shall serve respectively, one for one year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Of the two (2) alternate members first appointed, one alternate member shall be appointed for a term of three (3) years and the other for a term of two (2) years. Thereafter, each alternate member shall be appointed for a term of three (3) years. Alternate members shall serve only when called upon to form a quorum, and when so serving, shall have all the powers and duties of regular members. All members shall be appointed and removed by the Mayor with the approval of a majority of the entire authorized membership of the Council. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairperson, who shall serve for one year.
City of Kenner IV-9 Article IV Unified Development Code Administration and Enforcement
(3) Appeals to the Board of Zoning Adjustments:
a. Appeals to the board of zoning adjustments may be taken by any party aggrieved, or by any official officer, department, commission, board, bureau, or any other agency of the City of Kenner affected by any decision of the Director of Inspections and Code Enforcement. Such appeals shall be taken within thirty (30) days, as provided by the rules of the board, by filing with the Director of planning and with the board, a notice of appeal specifying the grounds thereof.
b. The Director of Planning or the Director of Code Enforcement shall produce all papers, correspondence, and records requested by the Board of Zoning Adjustments for any hearing or meeting held by the board.
c. An appeal stays all proceedings and furtherance of the action appealed from, unless the Director of Inspections and Code Enforcement certifies to the Board of Zoning Adjustments, after the notice of appeal shall have been filed with him, by reason of facts stated in the certificate, that a stay would, in his opinion, cause imminent peril of life or property. In such cases, proceedings shall not be stayed unless by a restraining order which may be granted by the board or by the civil district court of Jefferson Parish on application to the board or civil district court of Jefferson Parish, and notice to the Director of planning and on due cause shown.
d. The Board of Zoning Adjustments shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the interested parties, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by an attorney. If the board denies said appeal, re-appeal or rehearing of substantially the same matter shall not be heard by the board within one (1) calendar year, commencing from the date of said denial. Re-appeals or re-hearings properly granted shall be subject to all rules of procedure relative to appeals as set forth in this ordinance.
e. A variance from the terms of this ordinance shall not be granted by the Board of Zoning Adjustment unless and until a written application for a variance is submitted demonstrating the following nine criteria are met:
i. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved due to an irregular shape of the lot, topographical or other physical conditions, and are not generally
City of Kenner IV-10 Article IV Unified Development Code Administration and Enforcement applicable to other lands, structures or buildings in the same zoning district.
ii. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.
iii. The special conditions and circumstances do not result from the actions of the applicant.
iv. Granting the variance requested will not confer on the applicant any special privilege, which is denied by this Ordinance to other lands, structures, or buildings in the same district or similarly situated.
v. The variance, if granted, will not alter the essential character of the locality.
vi. Strict adherence to the regulation by the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience.
vii. The request for the variance is not based primarily upon a desire to serve the convenience or profit of the property owner or other interested party(s).
viii. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
ix. The proposed variance will not impair an adequate supply of light and air to adjacent property, increase substantially the congestion in the public street, increase the danger of fire, or endanger the public safety.
f. The Board of Zoning Adjustments shall not grant a use variance, as that could constitute a spot zone.
g. The board shall not have the authority to grant a variance in the Rivertown Historic District. Variance requests in this district must be acted on by the Historic District Design Commission.
h. In consideration of all appeals and all proposed exceptions or variances under the terms of this ordinance, the board shall, before making any
City of Kenner IV-11 Article IV Unified Development Code Administration and Enforcement exception or variance from the ordinance in a specific case, first determine that it will not impair an adequate supply of air or light to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire, or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals, comfort or welfare of the inhabitants of the City of Kenner. Any variance granted shall expire six (6) months from date of approval unless construction has commenced.
(4) Action by Board of Zoning Adjustments:
a. In exercising the above-mentioned powers, the board may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the office of the Department of Inspections and Code Enforcement. In granting a variance, the board may attach thereto such conditions, as it may deem advisable in furtherance of the purpose of this ordinance.
b. The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision, or determination of the Director of inspections and code enforcement, or to decide in favor of the applicant on any matter upon which it is required to pass under ordinance, or to effect any variance of such ordinance.
(5) Appeals to the decisions of the Board of Zoning Adjustments:
Any person or persons, or any officer, department, board, bureau, or any other agency of the City of Kenner jointly or severally aggrieved by any decision of the Board of Zoning Adjustments, may present to the civil district court of the Parish of Jefferson, within thirty (30) days after filing of the decision in the office of the board, a writ of certiorari asking for such relief and under such rules and regulations as are provided for such matters in the appropriate legislation of the State of Louisiana.
(6) Rules of procedure:
a. The board shall adopt rules of procedure not in conflict with any general state act, the City charter, or City ordinance.
City of Kenner IV-12 Article IV Unified Development Code Administration and Enforcement b. Meetings of the board shall be held at the call of the chairperson, and at such other times as the board may determine.
c. The chairperson, or, in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.
d. All meetings of the board shall be open to the public.
e. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be public records. All testimony, objections, and rulings shall be taken down by a recorder employed by the board for this purpose.
(7) Appointment of Secretary:
a. The board shall have the power and authority to appoint a secretary who shall not necessarily be a member of the board, in which event any payment or salary made to such secretary shall be approved by the Mayor after recommendation by the board. It shall be the duty of the secretary to keep a true and correct record of all proceedings at both general and special meetings of said board, in a book or books to be kept especially for that purpose.
b. Certified copies of the minutes of all such proceedings shall be furnished to the Director of Planning and the chairperson of the Planning and Zoning Commission.
(d) Historic District Design Commission:
(1) Purpose:
The purpose of the Historic District Design Commission is the preservation of all such buildings in the Rivertown Historic District that are considered to have architectural and historical value and which should be preserved for the benefit of the people of the City and state, and to review and judge plans for new and/or renovated structures proposed within the district. The commission should foster a type of architecture and construction within the district that is compatible with that architecture identified during the time of the City’s early growth.
(2) Recommendation and appointment of members:
City of Kenner IV-13 Article IV Unified Development Code Administration and Enforcement The commission shall consist of five (5) voting members, four (4) citizens of the City of Kenner, and one (1) qualified architect. Each commission member shall be appointed by the Mayor with a majority vote of approval by the City Council. The “qualified architect” must recuse him or herself from voting should a project of their own design come before the Commission.
(3) Term vacancies:
Each of the members of the commission shall be appointed for a term of four (4) years. Whenever the term of a member of the commission expires, the Mayor shall appoint his successor. The members may serve consecutive terms.
(4) Employees and committees:
The commission may select such employees as may be necessary to carry out the purposes for which it is created with approval of the Council. The City attorney shall be ex-officio attorney for the commission. The commission may designate and appoint, from among its members, various committees with such powers and duties as the commission may have and prescribe.
(5) Rules and regulations; meetings; reports and recommendations:
The commission shall make such rules and regulations, as it may deem advisable and necessary for the conduct of its affairs, not inconsistent with the laws of the City and state. The commission may meet at least quarterly, but meetings may be held at any time by the commission on the written request of any of the three (3) members or on the call of the chairperson of the commission or the Mayor.
(6) Submission of plans for interior and exterior changes to commission:
Before the commencement of any work in the erection of any new building or in the alteration or addition to, or painting or repainting or demolishing of any existing building, any portion of which is to front on any public street or alley in the Rivertown Historic District, application by the owner for a permit therefore shall be made to the commission, accompanied by the full plans and specifications thereof so far as they relate to the proposed appearance, color, texture or materials and architectural design of the exterior, including the front, sides, rear and roof of such buildings, alteration or addition or of any outbuilding, party wall, courtyard, fence or other dependency thereof, and interior floor plan alterations in relation to any proposed exterior renovations.
City of Kenner IV-14 Article IV Unified Development Code Administration and Enforcement
(7) Commission recommendation and action thereon:
The Historic District Design Commission shall, upon due consideration, report thereon promptly its recommendations, including such changes, if any, as in its judgment are reasonably necessary to comply with the requirements of this Article, by sending them, in writing, to the Director of the Department of Inspections and Code Enforcement with the application and documents referred to in this Article and, if they are found by the Director of the Department of Inspections and Code Enforcement to comply reasonably with requirements of this Article and if such application and intended work shall conform also to all other regulations, ordinances and laws of the City, the Director of the Department of Inspections and Code Enforcement shall issue promptly a permit for such work and indicate on such permit the extent and nature of the work to be performed thereunder.
(8) When Director of the Department of Inspections and Code Enforcement is to submit question to Council; action of Council:
If the applicant for a permit shall refuse to accede to reasonable changes recommended by the commission, if the commission shall disapprove any application or if the Director of the Department of Inspections and Code Enforcement finds that the recommendations of the commission do not comply reasonably with the requirements of this Article, the Director of Inspections and Code Enforcement, or in his/her absence his/her designated assistant, shall, within not later than fifteen (15) days, forward such matters and his written comments to the City Council for such action as in its judgment, after notice and affording an opportunity to the applicant and to the commission and other protesting parties to be heard, shall effect reasonable compliance with such recommendations and this Article.
(e) Director of the Department of Planning
The Director of the Planning and Zoning Department, or the Director’s designee, has the following powers, pursuant to this ordinance:
(1) To make final decisions on the interpretation of the provisions of this, the Unified Development Code.
(2) To make final decisions on requests for zoning interpretations.
(3) To make final decisions on requests for interpretations of conformance with the City of Kenner’s Comprehensive Plan.
City of Kenner IV-15 Article IV Unified Development Code Administration and Enforcement
(4) To make final decisions on minor map adjustments to the future land use map of the City of Kenner’s Comprehensive Plan.
(5) To make final decisions on administrative exceptions.
(6) To make final decisions on minor amendments to previous Council approved site plans.
(7) To make final decisions on minor subdivision applications.
Section 4.04 Enforcement
The provisions of this ordinance shall be enforced by the Director of the Department of Inspections and Code Enforcement, or Director’s designee, who shall have the power and authority to make inspection of buildings or premises and to issue citations for violations necessary to carry out Director’s duties in the enforcement of this ordinance. The Director of the Department of Inspections and Code Enforcement may request assistance from the Chief of Police when necessary for the enforcement of the provisions of this ordinance.
(a) Permit Required:
It shall be unlawful to commence development site improvements, the excavation for the structure of any building, including accessory buildings, or to commence the moving or alteration of any building including accessory buildings, until the Director of Inspections and Code Enforcement has issued a permit for such work.
(1) In applying to the Director of Inspections and Code Enforcement for a building permit, the applicant shall submit a set of construction or architectural plans drawn to scale. Such sketch shall indicate the shape, size, height, and location of all buildings to be erected, altered, or moved and of any building already on the lot.
(2) Applicant shall state the existing and intended use of all such buildings and supply other information required by the Director of Inspections and Code Enforcement for determining whether the provisions of this ordinance are being observed.
(3) If the proposed construction as set forth in the application is in conformity with the provisions of this ordinance and other ordinances of the City of Kenner then in force, the Director of Inspections and Code Enforcement shall issue a building permit for such construction.
City of Kenner IV-16 Article IV Unified Development Code Administration and Enforcement (4) If a building permit is refused, the Director of Inspections and Code Enforcement shall state such refusal in writing with the cause.
(5) The issuance of a permit shall in no case be construed as waiving any provision of this ordinance.
(6) If the work described in any building permit has not begun within ninety (90) days from the date of issuance, said permit shall expire automatically.
(7) A building permit shall become void six (6) months from the date of issuance unless substantial progress has been made by that date on the project described therein, as determined by the Director of Inspections and Code Enforcement.
(b) Violations:
In case the structure is erected, or structurally altered or maintained, or any structure or land is used in violation of this ordinance, the Director of Inspections and Code Enforcement may take any appropriate action or proceedings necessary to prevent such unlawful construction or alteration or use of or other violations, to restrain, to enjoin, to correct or to prevent any illegal act, conduct, business, or use in or about such premises.
(c) Certificate of Occupancy:
(1) No land or building or part thereof, hereafter erected or altered in its use or structure, shall be used until the Director of Inspections and Code Enforcement issues a certificate of occupancy stating that such land, building, or part thereof, and the proposed use thereof are found to be in conformity with the provisions of this ordinance.
(2) A temporary certificate of occupancy may be issued for a period not exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending completion. Within three (3) days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Director of Inspections and Code Enforcement to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part thereof and the proposed use thereof are found to conform with the provisions of this ordinance; or if such certificate is refused, to state refusal in writing with the cause.
City of Kenner IV-17 Article IV Unified Development Code Administration and Enforcement (d) Records, Refusal and Cancellations:
(1) A record of all certificates of occupancy, building permits, applications, sketches, and plans shall be maintained in the office of the Director of Inspections and Code Enforcement.
(2) The Director of Inspections and Code Enforcement may refuse to issue any certificate of occupancy until all fees required by the City of Kenner have been paid. He/she may further cancel any and all certificates of occupancy applied for or issued to any delinquent party and may prevent any further construction, repairs, alterations, additions, maintenance, or occupancy of buildings, structures or land anywhere within the City of Kenner by such party until all delinquent fees and charges are paid in full.
(e) Penalty:
In addition to the civil remedies provided for in Section 4.04(b), any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined an amount not to exceed two hundred dollars ($200.00) or be imprisoned for not more than thirty (30) days, or both for each offense. Each day such violation continues shall constitute a separate offense.
City of Kenner IV-18 Article IV Unified Development Code Administration and Enforcement Article V. Definitions
Section 5.01 Purpose
This Article contains definitions for generic uses allowed in zoning districts and general terms used throughout this ordinance. This section divides definitions into two (2) categories: “Uses” and “General Terms.”
Section 5.02 Terms
(a) The following terms shall apply to the regulations of this ordinance:
(1) The word "shall" is always mandatory. The word "may" is permissive.
(2) The word "building" or "structure" includes any part thereof. The word "building" shall also imply or mean the word "structure."
(3) Words and terms not defined herein shall be interpreted in accordance with their normal dictionary meaning and customary usage.
(4) The definitions in this section cannot be waived. No variances to the following terms shall be permitted.
Section 5.03 Use Definitions
The uses defined below are to assist in determining whether the defined use is permitted, prohibited, or permitted with conditions in a particular zoning district. These defined uses may also be used in determining required off-street parking, as specified in this ordinance.
(1) Accessory Structure or Building: A structure detached from a principal building on the same lot and clearly, incidental, and subordinate to the principal building or use in both size and function.
(2) Accessory Use: A subordinate use which is incidental to and customary or necessary in connection with the main building or use and which is located on the same lot with such main building or use.
(3) Adult Use: An adult bookstore, adult motion picture theater, adult mini-motion picture- theater, adult cabaret, or an adult massage business (does not include licensed therapeutic massage establishments). Adult use also means any premises that sells or disseminates explicit
City of Kenner V-19 Article V Unified Development Code Definitions sexual material as defined in the City code and thereby must limit the public display of such explicit sexual material by restricting access to young persons as required by the provisions of the City code.
(4) Agriculture: The use of land for dairying, farming, floriculture, horticulture, pasturage, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities.
(5) Airport: Land, water, or a structure used for the landing and takeoff of aircraft, including airport buildings, airport structures, or airport rights-of-way. An airport includes passenger terminals for that airport and any accessory uses within the passenger terminal, such as restaurants and retail goods establishments.
(6) Amphitheater: An outdoor structure that accommodates an audience for concerts, public speaking, or other live entertainment, which is open to the general public, with or without an admission charge. An outdoor amphitheater includes band shell structures.
(7) Amusement Place: Any business, place or establishment where three or more amusement- type machines such as, but not limited to, flipper-type machines, target machines, foos-ball machines, and the like are available for the use and enjoyment of the public, in which minors are permitted by law to frequent. Refer to Section 7.133-7.135 of the Code of Ordinances for additional requirements. This definition excludes party-places that cater to children 12 years old and younger. Refer to Children’s Amusement Place for such establishments.
(8) Antenna: A metallic, graphite, fiberglass or other device which is attached to a transmission tower, telecommunications tower, monopole, mast, building or other structure for transmitting and receiving electromagnetic waves.
(9) Apartment: A portion of a building consisting of a room or suite of rooms intended, designed, or used as a permanent residence by an individual or one family.
(10) Apartment Complex: See Dwellings, multiple.
(11) Assisted Living: A long-term care facility for elderly or disabled citizens who are able to function on their own, but who may need assistance with some activities of daily living. Usually includes meals, private quarters, personal assistance, housekeeping, and nursing services.
(12) Arcade: see Amusement Place.
City of Kenner V-20 Article V Unified Development Code Definitions (13) Artisan Workshop: An establishment, not exceeding two thousand five hundred (2,500) square feet in gross floor area, for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, hand-woven Articles, and related items.
(14) Auditorium: A structure designed or intended for use as a concert, commencement, or lecture hall to accommodate the gathering of people as an audience to experience music, lectures, plays and other performances and presentations.
(15) Automotive Repair, Major: An establishment primarily engaging in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender, and major engine and engine part overhaul and which may be conducted either outdoor or within a completely enclosed building. All other repairs are considered minor.
(16) Automotive Repair, Minor: An establishment primarily engaging in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups, and transmission work, which are conducted within a completely enclosed building.
(17) Automobile Service Station: Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories or the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, oil change and transmission work, which is conducted within a completely enclosed building.
(18) Automobile Sales: An open, partially open, or enclosed area other than a street, used for the display, sale or rental of new or used automobiles and/or where no repair work is done except minor incidental repair of automobiles to be displayed, sold or rented on or from the premises. All vehicles must be operational. Non-operational vehicles must be screened from view by a six (6) foot solid wood or masonry fence.
(19) Bar: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an accessory use only. No retail sales of alcohol for consumption off-premises are permitted. A bar may include a microbrewery on-site as an accessory use only.
(20) Bar, Holding: An area within a restaurant and with patron seating used for the serving of alcoholic and non-alcoholic beverages while restaurant patrons wait for a table, provided there is no entrance to the bar except through the restaurant and no operation of the bar except while food is served in the restaurant and dining room.
City of Kenner V-21 Article V Unified Development Code Definitions (21) Bar, Service: An area without patron seating used for the preparation of alcoholic beverages to be carried to restaurant patrons by the wait staff.
(22) Bed and Breakfast: An owner-occupied residential structure, originally constructed as either a single-family or a two-family dwelling that has been converted to a single-family dwelling, which provides no more than three (3) sleeping rooms for overnight paid occupancy of up to seven (7) nights. Common bathroom facilities may be provided rather than private baths for each room.
(23) Boarding House: A residential building other than an apartment, hotel, motel, or tourist cabin where lodging and meals are served for compensation, and by prearrangement for definite periods. For the purpose of these provisions, this shall not include a mobile home.
(24) Boat Repair Facility: A facility (which could include a boat repair garage, boat storage yard) where boats are repaired and stored until repairs are completed.
(25) Boat Sales/Rental: A marine retail sales and service use in which boats 16 feet or more in length are rented or sold. The sale or rental of smaller boats shall be defined as a major durables sales and service use.
(26) Boathouse: A structure that provides storage for watercraft and may be used for transient residential use.
(27) Borrow Pit: Any place or premises where dirt, soil, sand, gravel, or other material is removed by excavation or otherwise, below the grade of surrounding land, for any purpose other than mining operations such as gold, silver, coal, etc., and, that are necessary and incidental to grading or to building construction on the premises.
(28) Brewery/Distillery: A facility for either the production and packaging of malt beverages of low alcoholic content for wholesale distribution, with a capacity of more than fifteen thousand barrels per year, or for the distilling of liquors. Retail sales of alcohol from the brewery directly to the public may be permitted.
(29) Broadcast Studio: Commercial and public communications facilities, including radio, internet and television broadcasting and receiving stations and studios.
(30) Building, Public and Semipublic: A building operated and used for the benefit of the general public or for nonprofit organizations, clubs, lodges, and congregations whose membership is composed of a segment of the general public. Public and semipublic buildings include but are not limited to such buildings as schools, churches, government buildings, colleges, libraries,
City of Kenner V-22 Article V Unified Development Code Definitions museums, art galleries, auditoriums, lodge halls, and country clubs, and electric and gas substations.
(31) Bus Terminal: see Passenger Terminal
(32) Campground: An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind for a maximum of 15 days.
(33) Car-Share Facility: A membership-based car-sharing service that provides automobile rental to members, billable by the hour or day. Car-sharing is not considered a motor vehicle rental establishment.
(34) Car Wash: A building or structure erected for the primary purpose of washing automobiles.
(35) Carport: A canopy-like structure, open on at least two (2) sides, for the purpose of providing shelter for one (1) or more vehicles.
(36) Casino: A structure, a minimum of fifty-thousand square feet of floor area, in which legal gambling is conducted.
(37) Cemetery: Land used or dedicated to the burial of the deceased, including crematoriums, mausoleums, and necessary sales and maintenance facilities. Mortuaries and chapels may be included when operated within the boundary of such cemetery.
(38) Check Cashing Establishment: An establishment, other than a state or federally chartered bank or financial institution, which provides the general public a check cashing service. As a primary element of its operation, the establishment charges either a flat fee for such service or a service fee based upon a percentage of the face value of the check to be cashed.
(39) Child Care Center: See “Day-Care Center - Child”
(40) Children’s Amusement Place: Any indoor or outdoor place that is maintained or operated for the amusement, patronage, or recreation of children, aged 12 years or younger, to include coin-controlled amusement devices of any description.
(41) Church: See Place of Worship
City of Kenner V-23 Article V Unified Development Code Definitions (42) Cistern: A permanent artificial reservoir built to catch and store rainwater, typically located underground, but may be located above ground.
(43) Clinic: An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where treatment of persons is solely on an outpatient basis. Medical clinics also include alternative medicine clinics, such as acupuncture and holistic therapies, and physical therapy offices for physical rehabilitation.
(44) Cocktail Lounge: See “Bar”
(45) Commercial Use: The purchase, sale, or transaction involving the disposition of any Article, substance, commodity, or service, the maintenance or conduct of offices, professions, or recreational or amusement enterprises conducted for profit and also including renting of rooms, business offices, and sales display rooms and premises.
(46) Communication Equipment Shelter: A constructed or prefabricated building or other structure located on a telecommunications site designed principally to enclose equipment, switches, communication lines and other related facilities used in connection with telecommunications transmissions.
(47) Community Center: A facility used as a place of meeting, recreation, or social activity, and not operated for profit, which is open to the public.
(48) Community Garden: An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption, donation, or sale on-site. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group.
(49) Community Home: see “Group Home”
(50) Composting Facility: A facility to process raw manure or other raw organic by-products into biologically stable organic material.
(51) Condominium: 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.
(52) Contractor: A general contractor or builder engaged in the construction of buildings, either residences or commercial structures as well as heavy construction contractors engaged in
City of Kenner V-24 Article V Unified Development Code Definitions activities such as paving, highway construction, and utility construction. This includes establishments and companies engaged in specific utility trades of a type that are specialized to assist in building construction and remodeling. This definition includes but is not limited to heating, air conditioning, painting, plumbing, and roofing.
(53) Contractor Storage Yard: Land or structures used primarily for the storage of equipment, vehicles, machinery or building materials of a contractor in the conduct of any building trade or building craft.
(54) Convenience Store: A retail store with a floor area of less than 2,500 square feet that sells groceries and other household items. May also sell gasoline; does not include automotive service stations or vehicle repair shops.
(55) Correctional Facility: A public or privately operated facility for the detention, confinement, treatment, or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include adult detention centers, juvenile delinquency centers, jails, or prisons.
(56) Country Club: A public or private facility operated for social and outdoor recreation purposes with recreation facilities for members, their families and invited guests. A country club may include bars and restaurants.
(57) Cultural Facility: A use that is open to the public and provides cultural services and facilities including, but not limited to, libraries, museums, aquariums, zoos, botanical gardens, and historical societies. A cultural facility may have accessory retail uses, that offer items related to the facility for sale, and accessory restaurants, which are only open during the hours of operation of the facility. A cultural facility may hold special events and receptions on-site, including events, which take place after closing hours.
(58) Day Care Center, Adult: A facility licensed by the State of LA where, for a portion of a twenty- four (24) hour day, functionally impaired adults that are not related to the owner or operator of the facility are supervised or participate in a training program. This excludes alcohol and drug abuse clientele, former inmates of prisons or correctional institutions or former patients of mental institutions who have been found not guilty by reason of insanity. An adult day care center does not include adult day care home.
a. Day care center, small: Up to twelve (12) adults
b. Day care center, large: Thirteen (13) to thirty (30) adults
c. Day care center, commercial: Thirty-one (31) or more adults
City of Kenner V-25 Article V Unified Development Code Definitions
(59) Day Care Center, Child: A facility licensed by the State of LA where care, supervision, and guidance of children that are not related to the owner or operator of the facility is provided on a regular basis. A child day care center does not include a child day care home.
a. Day care center, small: Up to twelve (12) children
b. Day care center, large: Thirteen (13) to thirty (30) children
c. Day care center, commercial: Thirty-one (31) or more children
(60) Drive-in Theater: See Theater, drive-in.
(61) Drive-in Use: An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
(62) Drive-Through Establishment: Premises used to provide or dispense products or services through an attendant, window, or automated machine to persons remaining in their vehicle. A drive-through facility may be in combination with other uses such as a financial institution, a retail goods establishment or restaurant. A car wash, gas station or motor vehicle service and repair shall not be considered a drive-through facility.
(63) Driving Range: An area equipped with distance markers, clubs, balls and tees for practicing the hitting of golf balls, which may include a snack-bar and pro-shop.
(64) Duplex: Two dwelling units affixed as one structure located on a lot.
(65) Dwelling: A building, or portion thereof, designed or used exclusively for residential occupancy, but not including trailers, hotels, motels, motor lodges, board and lodging homes, tourist courts, or tourist homes. For the purpose of this ordinance, such building shall have a minimum area of four hundred square feet.
(66) Dwelling, Single-family: A building designed for or occupied exclusively by not more than one family.
(67) Dwelling, Two-family: A building designed for or occupied by two families
City of Kenner V-26 Article V Unified Development Code Definitions (68) Dwelling, Three-family: A building designed for or occupied by three families
(69) Dwelling, Four-family: A building designed for or occupied exclusively by four families.
(70) Dwelling, Multiple-family: A building designed or occupied exclusively by five or more families.
(71) Dwelling, Patio Home: A single-family dwelling on a separate lot with open space setbacks (yards) on three sides. The term "patio home dwelling" is synonymous with the term "zero lot line home."
(72) Dwelling, Townhouse: A single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
(73) Educational Facility, Primary: A public, private, or parochial school offering instruction at the elementary and/or junior high school levels. Places of worship with primary educational facilities are classified as primary educational facilities so long as both uses are located on the same lot, even if in separate buildings.
(74) Educational Facility, Secondary: A public, private, or parochial school offering instruction at the senior high school level. Secondary educational facilities also include secondary theological schools for training ministers, priests, or rabbis. Places of worship with secondary educational facilities are classified as secondary educational facilities so long as both uses are located on the same lot, even if in separate buildings.
(75) Educational Facility, University: A post-secondary institution for higher learning that grants associate or bachelor degrees. The institution may also have research facilities and/or professional schools that grant master and doctoral degree. University educational facilities also include post-secondary theological schools for training ministers, priests, or rabbis. University educational facilities do not include vocational educational facilities.
(76) Educational Facility, Vocational: A school that teaches industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), commercial or artistic skills, or a school conducted as a commercial enterprise, such as a driving school or school for general educational development. This definition applies to privately operated schools that do not offer a complete educational curriculum. Vocational educational facilities do not include university educational facilities.
(77) Emergency Homeless Shelter: A facility that provides temporary or transitional shelter for the homeless in general or for specific populations of the homeless.
City of Kenner V-27 Article V Unified Development Code Definitions
(78) Employment Services: A business that provides employment services for temporary or transient employment of semi-skilled and unskilled workers, and typically operates as a labor pool where workers gather on-site for job placement.
(79) Fabrication and Assembly: The manufacturing from standardized parts of a distinct object differing from the individual components.
(80) Fairgrounds: An area of land used for exhibitions and shows including, but not limited to concerts, animal shows, carnivals, and other outdoor recreational events. These may include dog and horse racetracks included as part of the fairground development.
(81) Farmers Market: The offering for sale of produce or processed, packaged, or prepared food on pre-established dates in an open area or structure, subject to the procedures and regulations set forth in this ordinance. The individual sellers need not be the same each time the market is in operation.
(82) Financial Institution: A bank, savings and loan, credit union or mortgage office. A financial institution does not include check-cashing establishments or pay day or title loan establishments.
(83) Fishing Camp: Areas reserved for public or private fishing, and structures in support of those activities, excluding transient rentals.
(84) Flea Market: An activity where two or more booths, tables, platforms, racks or similar display areas are set up for the purpose of selling or buying merchandise. Such sales involve new or used items and crafts and may include the sale of fruits, vegetables and other edible items. The individual vendors each operate one or more such booths under the supervision of the flea market proprietor, who rents or otherwise arranges for assigned spaces for each vendor and monitors the activity to ensure that all applicable laws are adhered to. The individual sellers need not be the same each time the market is in operation.
(85) Food Processing: A facility for the preparation, processing, canning, or packaging of food products. Small food processing facilities may include areas for accessory retail sales or specialty restaurants of the products processed on site, but no alcohol is sold. Food processing does not include a brewery or winery.
(86) Forest/Nature Preserve: Designated and managed open space that preserves natural features and protects wildlife and critical environmental features. A forest/nature preserve may include opportunities for passive recreation and environmental education.
City of Kenner V-28 Article V Unified Development Code Definitions (87) Freight Terminal: A facility for freight pick-up or distribution by rail, air, truck, or shipping transport.
(88) Funeral Home: An establishment in which the deceased are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.
(89) Gaming or Gambling: The dealing, operating, carrying on, conducting, maintaining, or exposing for pay of any game.
(90) Gaming Boat: A vessel in which legal gaming is conducted that meets the following criteria:
a. Carries a valid certificate of inspection issued by the United States Coast Guard with regard to the carriage of passengers on designated rivers or waterways within or contiguous to the boundaries of the state of Louisiana.
b. Carries a valid Certificate of Inspection from the United States Coast Guard for the carriage of a minimum of six hundred passengers and crew.
c. Has a minimum length of one hundred fifty feet.
(91) Garage: A deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
(92) Garage, Private: An accessory building or portion of a principal building not exceeding 800 square feet in area, per dwelling unit; designed, intended and used for the storage of not more than four motor driven vehicles, per dwelling unit; owned, used and registered in the name of the occupants of the dwelling unit for which said private garage is intended. Not more than one of the vehicles shall be a commercial vehicle and this vehicle shall not be more than of two-ton capacity. The term "private garage" does not include a public garage.
(93) Garage, Repair: see Automobile Service Station, Minor Automotive Repair or Major Automotive Repair
(94) Garage Sale: The sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building. Sales of programs and food and beverage items shall not be deemed to constitute garage sales.
(95) Gas Station: see Automobile Service Station
City of Kenner V-29 Article V Unified Development Code Definitions
(96) Gazebo: A freestanding outdoor structure that is open-sided and designed for recreational use and not for habitation.
(97) Government Offices: Offices owned, operated, or occupied by a federal, state, or local governmental agency to provide a governmental service to the public.
(98) Golf Course: A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. See Country club.
(99) Green Area: see “Open Space,” (General Definitions)
(100) Green Market: see “Farmer’s Market”
(101) Grocery: see “Retail Goods Establishment”
(102) Group Home: A group care facility in a residential dwelling, licensed by the state, for twenty- four (24) hour medical or non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living, or for the protection of the individual. Group homes include youth transitional residences, adult residential care facilities, emergency child shelters, and child residential care facilities licensed by the state.
a. Small group homes: Up to six (6) residents
b. Large group homes: Seven (7) to fifteen (15) residents
c. Congregate group homes: Sixteen (16) or more residents
(103) Halfway House, Penal: A licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. A halfway house must be licensed by an agency of the State of Louisiana as a halfway house or similar facility, and shall be operated by an entity that is similarly licensed by the State of Louisiana.
(104) Hazardous Waste: A waste, or combination of wastes, regulated by Title 33, Part V of the Louisiana Environmental Regulatory Code (LAC 33.V), which because of its quantity, concentration, or physical, chemical or infectious characteristics may do either of the following: (1) cause or significantly contribute to an increase in mortality or increase or serious
City of Kenner V-30 Article V Unified Development Code Definitions irreversible or incapacitating reversible illness; (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(105) Hazardous Waste Disposal Facility: All structures, appurtenances, and improvements on the land used for treatment, storage or disposing of hazardous waste, including all operations or storing areas, diked overflows, or emergency spillway areas. A hazardous waste disposal facility may consist of several treatment, storage, or disposal operational units; it includes all areas where hazardous waste may be received, stored, handled, or processed.
(106) Hazardous Waste Incinerator: An enclosed device using controlled flame combustion, where the primary purpose of which is to thermally break down hazardous waste.
(107) Hazardous Waste Processing Facility: Any commercial facility, as defined by LAC 33.V§106, that treats or stores hazardous waste generated on properties other than those on which the processing facilities are located.
(108) Hazardous Waste Storage: Any environmentally sound facility used to store hazardous waste for a temporary period as regulated by LAC 33.V.
(109) Hazardous Waste Treatment: The physical, chemical, or biological processing of any hazardous waste to neutralize such waste or to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume.
(110) Health Club: An establishment that provides health and fitness facilities such as running, jogging, aerobics, weight lifting, court sports and swimming, and may include accessory facilities such as locker rooms, showers, massage rooms, saunas and other related accessory uses.
(111) Heavy Sales, Rental and Service: Includes retail, rental and/or service establishments that have permanent outdoor service or storage yards, or partially enclosed structures including, but not limited to, rental components, lumberyards, playground equipment sales and rental, truck repair establishments, and uses with permanent outdoor service or storage areas for heavy equipment such as truck rental establishments, large-scale moving centers, and temporary storage container facilities.
(112) Heliport: Land, water or structure used for the landing and take-off of helicopters, and having service facilities for such aircraft or providing for permanent basing of such aircraft.
(113) Home Occupation: A business, profession, occupation or trade conducted within the principal structure of a residential use by a resident of the dwelling which is incidental and
City of Kenner V-31 Article V Unified Development Code Definitions secondary to the residential use of the dwelling, does not change the essential residential character of the use, and which complies with the requirements of Article XII, Section 12.4 of this ordinance “Home Occupations.”
(114) Horticulture: A use, other than an urban farm, in which plants, or their products, are grown for sale or for use in any business, and in which other customarily incidental products may be sold. Examples include nurseries with greenhouses and garden stores.
(115) Hospital: A building or group of buildings having room facilities for overnight patients, used for providing services for in-patient medical or surgical care of sick or injured humans and which may include related facilities such as central service facilities and staff offices; provided, however, that such related facilities must be incidental and subordinate to the main use and must be an integral part of the hospital operation.
(116) Hospital, Animal: A building used by a group of professional medical persons for the healing arts or treatment of animals, generally, on an inpatient or boarding basis and shall have outside runs.
(117) Hospitality Center: A facility where visitors can find information related to the community and its neighborhoods, tourist attractions, etc., and may include restrooms, seating areas, and historical displays.
(118) Hotel: A building occupied as the more or less temporary abiding place for travelers and transient guests who are lodged with or without meals and in which there are sleeping rooms usually occupied singly and with no provisions made for cooking in any individual room or a group of rooms occupied by a person and with no provision made for cooking in any of the rooms as specified.
(119) House Trailer: See Mobile Home.
(120) Impervious (or impermeable) Surface: A measure of intensity of land use that represents the portion of a site that is occupied by structures, pavement, and other impervious surfaces that do not allow for the absorption of water. Semi-pervious surface areas (e.g. permeable paving) may be counted as impervious surface at a reduced rate based on the coefficient of permeability. Unroofed, unenclosed accessory structures, where water is allowed to drain to a pervious surface, such as decks constructed of wood slats, are not included in impervious surface calculations.
(121) Incinerator: Any enclosed device using controlled flame combustion, capable of withstanding heat, and designed to efficiently reduce solid, semisolid, liquid or gaseous waste at specified rates and from which residue contains little or no combustible material, as defined in Louisiana Administrative Code (LAC).
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(122) Indoor Shooting Range: An enclosed firing range with targets for rifle or handgun practice.
(123) Internet Sales: Business-to-consumer and business-to-business commerce conducted by way of the Internet or other electronic networks.
(124) Industrial Property: Any lot of land containing an industrial use or building of such uses as may be defined herein.
(125) Industrial Use: An establishment engaged in the manufacture, fabrication, processing, reduction, or destruction of any Article, substance, or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprise.
(126) Institutional Use: A nonprofit or quasi-public use or organization such as a church, library, public, or private school, hospital, or municipally owned or operated building, structure or land used for public purpose.
(127) Junkyard: An open area where any waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles.
a. The term "junkyard" includes an auto wrecking yard or the storage or keeping of one or more inoperative motor vehicles unless where otherwise specifically permitted.
b. The term "junkyard" does not include uses established entirely within enclosed buildings.
(128) Kennel: Any building, structure, or open space devoted in its entirety or in part to the raising, boarding or harboring of four or more animals at least four months of age.
(129) Laboratory, Research and Development: A use in which research and experiments leading to the development of new products are conducted. This use may be associated with an institutional, clinical, or commercial use. This use includes but is not limited to the operation of a laboratory subject to any level of biosafety containment standard described by the U.S. Department of Health and Human Services, Biosafety in Microbiological and Biomedical Laboratories, current edition. Space designed for this use typically includes such features as floor - to - floor ceiling heights of at least 14 feet to accommodate mechanical equipment, and laboratory benches plumbed for water service.
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(130) Laundromat: A business that provides washing, drying and/or ironing machines or dry- cleaning machines for hire to be used by customers on the premises.
(131) Live Entertainment, Secondary Use: Any one or more of the following live performances, by one or more persons, whether or not done for compensation, and whether or not admission is charged: musical act, theatrical play or act, including stand-up comedy and magic, dance clubs, and disc jockey performances using vinyl records, compact discs, computers or digital music players. Live entertainment-secondary use must be part of a standard restaurant, indoor amusement facility, or bar, and must be approved separately. A standard restaurant, indoor amusement facility, or bar may be open to the public when no live performances are scheduled. Live entertainment-secondary use does not include:
a. Any adult uses
b. Supper clubs, periodic entertainment by educational facilities or places of worship, performances at cultural facilities, performances at reception facilities, performances at weddings and similar religious events, the playing of recorded music over speakers without a disc jockey, poetry readings, or non-amplified musical accompaniment for patrons at a restaurant.
(132) Live Performance Venue: A facility for the presentation of live performances, including musical acts, theatrical plays or acts, including stand-up comedy and magic, dance clubs, and disc jockey performances using vinyl records, compact discs, computers, or digital music players. A live performance venue is only open to the public when a live performance is scheduled. Unless otherwise restricted by this ordinance, a live performance venue may serve alcohol as an accessory use but only when the venue is open to the public for the live performance. A live performance venue does not include any adult uses.
(133) Live-Work Unit: Shall mean an attached or detached single-family residential unit in which a residential unit is connected to and accessible through non-residential floor area that is associated with the residential unit. For attached residential units each non-residential unit shall have access to only one (1) residential unit. Residential space is generally located above and/or behind the non-residential space. For purposes of this ordinance, a live-work unit is not considered a mixed-use building.
(134) Main Building: Any building having the predominant land use which is not an accessory building. See also “Use, Principal.”
(135) Manufactured Building: A structure mass-produced in a factory; either an independent, individual building or a module for combination with other elements designed for transportation to the site for installation and use when connected to the required utilities.
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(136) Manufactured Housing: A structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities, fabricated in an off-site manufacturing facility built to the federal 42 U.S.C. Sec. 5403 Manufactured Home Construction and Safety Standards (better known as the HUD Code). Designed to be transported for installation or assembly at the building site, the wheels and running gear are removed at the site. A manufactured home shall include "look alike" features that more closely match those of a typical site-built home, including a pitched roof, an entrance porch, and foundation skirting on all sides (unbroken except for ventilation). This definition does not include recreational vehicle, modular home or mobile home.
(137) Manufactured Home Community: A unified development of two (2) or more manufactured home sites, plots or stands, arranged on a large tract usually under single ownership, meeting the area and yard requirements of this Article, and designed to accommodate manufactured homes for a more or less permanent duration. Such term may include travel trailer accommodations, if no more than twenty-five percent (25%) of the park is used for such purpose.
(138) Manufacturing: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts; the manufacturing of products; and the blending of materials such as lubricating oils, plastics, resins, or liquors.
(139) Manufacturing, Heavy: The manufacturing or compounding of raw materials, which may include the storage of large volumes of finished and raw materials that are highly flammable, toxic or explosive. This manufacturing may involve outdoor operations as part of their manufacturing process. Typical heavy industrial uses include, but are not limited to concrete batch plants, concrete, tile or brick manufacturing, motor vehicle and tire assembly, chemical processing, metal casting or foundries, gas manufacturing, grain milling or processing, refining, smelting or alloying, and petroleum or petroleum products. Heavy manufacturing processes ordinarily have greater than average impacts on the environment or significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, and vibration, glare or health and safety hazards.
(140) Manufacturing, Light: The manufacturing from previously prepared materials of finished products or parts, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare and vibration resulting from the industrial activity are confined entirely within the building.
(141) Marina, Commercial: A place for docking or storage of commercial boats and/or providing services for them, limited to minor repairs to boats while in the water for a maximum thirty day period, and the sale of fuel, ice, food and beverages. No lodging for the occupants, other than the manager or owner of the commercial marina or entertainment, is permitted as
City of Kenner V-35 Article V Unified Development Code Definitions accessory to the marina. Vehicular access to the site is limited to automobiles, pickup trucks, and vans with a maximum load capacity of one ton. The sale or processing of seafood at the marina site is expressly prohibited with the exception of bait that may be sold by the operator. The marina must be kept free of noxious odors at all times. Repair facilities for repairs of boats when out of the water are prohibited.
(142) Marina, Recreational: A place for docking or storage of pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, or provision of lodging, food, beverages and entertainment as accessory uses. A yacht club is considered a recreational marina. A hotel/motel, or similar use where docking of boats and provision of services thereto is incidental to other activities, is not considered a recreation marina. Boat docks accessory to a multi-family dwelling where no boat-related services are rendered are not considered a recreational marina, but an accessory use to the multi-family dwelling.
(143) Medical/Dental Clinic: See Clinic
(144) Medical Waste Treatment or Disposal Facility: Includes any and all facilities for the purpose of changing character of composition of any medical waste so as to reduce or eliminate its potential to causing disease including, but is not limited to: Decontamination by autoclaving and other methods; Incineration; Landfill disposal; or Sanitary sewer disposal; Unless such decontamination shall cause the medical waste to be suitable and destined to become a feedstock for recycling and the decontamination and recycling occur at the same site.
(145) Mini-Storage: A structure that rents individual compartments for storing personal property.
(146) Mining and Drilling Activities: Any pursuit or occupation associated with an area of land where operations are conducted to extract valuable mineral deposits, petroleum, or other materials.
(147) Mixed-Use Building: Building or groups of buildings under one ownership designed to encourage a diversity of compatible land uses, which include a mixture of two or more of the following uses: residential, office, retail, recreational, and other miscellaneous uses.
(148) Mixed Use Developments: Mixed-use developments are multiple story buildings with a mix of retail, office, and residential uses integrated into the same building. Retail is encouraged or required on the first floor with the offices or residential above. A mixed-use development may be designed with or as part of a traditional neighborhood form or as a more typical suburban configuration.
(149) Mobile Home: A structure built on an integral chassis and designed to be used as a dwelling unit when connected to the required utilities. It is fabricated in an off-site manufacturing
City of Kenner V-36 Article V Unified Development Code Definitions facility and designed to be transported for installation or assembly at the building site. A mobile home does not meet the definition of a manufactured home due to its age (pre-HUD Code) or lack of "look-alike" features. This definition does not include recreational vehicles, manufactured homes, or modular homes.
(150) Mobile Home Park: Any lot, parcel, or premises subdivided, designed, maintained, intended, or used for supplying a location or accommodation for six (6) or more mobile homes. For the purpose of this chapter, the term "mobile home park" does not include any lot or premises used for the wholesale or retail sale of mobile homes.
(151) Modular Housing: (also Modular Home) A structure designed to be used as a dwelling unit when connected to the required utilities that is in whole or in part manufactured at an off- site facility and complies with the adopted building code of the City of Kenner for residential construction. This definition does not include recreational vehicles, manufactured homes, or mobile homes.
(152) Motor Vehicle Dealership: An establishment that sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles, or other similar motorized transportation vehicles. A motor vehicle dealership may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location, and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership.
(153) Motor Vehicle Rental Establishment: Rental of passenger vehicles, vans and light trucks, including incidental parking and servicing of rental vehicles. Car sharing services included as part of a parking lot or structure are not considered motor vehicle rental establishments.
(154) Movie Studio: All uses related to the production of motion pictures and film, including stages, exterior sets, laboratories, construction, repair and storage facilities, caretaker and temporary housing, all vehicles used to transport this equipment and other related commercial vehicles, and accessory fabrication activities.
(155) Motel: A group of attached or detached buildings, but not mobile homes, containing individual sleeping or living units for travelers and transient guests, with garage attached or parking facilities conveniently located near each unit. The term "motel" includes tourist courts when related to the context specified in this definition.
(156) Neighborhood Commercial Establishment: A commercial use within a residential neighborhood that is non-residential in its construction and original use.
(157) Nonconforming Use: A use, which lawfully occupied a building or land at the time the zoning ordinance became effective, which has been lawfully continued and which, does not now conform to the use regulations.
City of Kenner V-37 Article V Unified Development Code Definitions
(158) Nonresidential Use: A permitted use in residential districts other than dwellings, townhouses, boarding and lodging houses, apartments, condominiums, apartment hotels, rooming houses, or trailers.
(159) Nursery: Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings, but does not include, the wholesale or retail sale of any items other than those incidental to the items raised or grown on said premises.
(160) Nursery School: See Child care center
(161) Nursing Home: Any private home, institution, building, residence, or other place, serving two or more persons who are not related by blood or marriage to the operator, whether operated for profit or not, and including those places operated by a political subdivision of the state of Louisiana which undertakes, through its ownership or management, to provide maintenance, personal care, or nursing for persons who, by reason of illness or physical infirmity or age, are unable to properly care for themselves.
(162) Office: A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.
(163) Off-Track Betting Facility: An establishment that accepts wagers on horse and dog races away from a racetrack.
(164) Outdoor Amusement Facility: Participatory and spectator uses conducted outdoors, which may include partially enclosed facilities. Typical uses include, but are not limited to, miniature golf courses, batting cages, archery ranges, outdoor racetracks, theme parks, and amusement parks. An outdoor amusement facility includes accessory uses, such as food stands, snack bars, or restaurants for the use of patrons, but does not serve alcohol.
(165) Outdoor Sales and Display: Part of a lot used for outdoor sales or display of goods accessory to the principal use and separate from the required off-street parking lot.
(166) Outdoor Storage Yard: The storage of material as a principal use of the lot for more than twenty-four (24) hours, including items for sale, lease, processing and repair not in an enclosed building. Items stored within an outdoor storage yard must be owned, consigned, or leased by the owner of the storage yard.
(167) Parking Building or Garage: A building or portion thereof designed, intended and used exclusively for the temporary parking of self-propelled motor vehicles and may be publicly or privately owned and/or operated and may be for remuneration, free or privately utilized.
City of Kenner V-38 Article V Unified Development Code Definitions
(168) Parking Lot: An open area used for temporary parking of operable vehicles, inclusive of adequate pedestrian walks, landscaping, lighting, drains, car stops, drives, curb cuts, traffic control screening and layout. Inoperable wrecked or disabled vehicles or outdoor sales and display areas shall not be permitted to occupy said areas nor shall vehicles or structures be allowed to occupy such areas in an attempt to advertise, sell, or avoid other City codes regulating signs. Nor shall such areas be used as truck stops or sleeping areas.
(169) Parks and Playgrounds: A non-commercial, not-for-profit facility designed to serve the recreation needs of the residents of the community. Parks and playgrounds include, but are not limited to, baseball fields, football fields, soccer fields, basketball courts, tennis courts, dog parks, skateboard parks, playgrounds and park district field houses, which may have indoor recreation facilities.
(170) Passenger Terminal: A facility or location where the principal use is handling, receiving, and transferring passenger traffic for aircraft, rail, buses, and watercraft.
(171) Passive Recreation: Recreational activities that generally do not require a specially developed open space site. This includes, but is not limited to, activities such as hiking, running trails, playgrounds and picnicking.
(172) Pawn Shop: An establishment that lends money on the deposit or pledge of physically delivered personal property, and who may purchase such property on the condition of selling it back again at a stipulated price. A pawnshop includes establishments that buy personal property, such as jewelry or artwork, made of gold or other valuable material for refining. Consignment shops and antique shops are not considered pawnshops.
(173) Pay Day or Title Loan Agency: An establishment providing loans to individuals in exchange for receiving personal checks or titles to the borrowers’ motor vehicles as collateral.
(174) Personal Services Establishment: An establishment or place of business primarily engaged in the provision of frequent or recurrent services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, tanning salons, media spas, shoe repair, personal item repair shops, dry cleaners, and tailors. Personal services establishments shall not include any adult uses.
(175) Pervious (or Permeable) Paving: Is designed to allow percolation or infiltration of storm water through the surface into the soil below where the water is naturally filtered and pollutants are removed. Pervious paving is a recognized runoff-reducing substitute for normal pavements in development or redevelopment sites.
City of Kenner V-39 Article V Unified Development Code Definitions (176) Pet Day Care Service: An establishment where pet animals owned by another person are boarded for the day (no overnight boarding), services such as grooming, dog walking, and pet training are offered. A pet day care service may include accessory retail sales on the site.
(177) Place of Worship: A building or an establishment where persons regularly assemble in a congregation for performing acts of religious praise, honor, or devotion. It also includes places where religious instruction and ceremonies associated with the faith are carried out. Examples include churches, chapels, temples, synagogues, and similar designations used by organized religious sects as defined by the United States Internal Revenue Service. Auxiliary uses not normally associated with worship include residential use, private school, recreational development, and licensed adult and childcare.
(178) Planned Unit Development (PUD): A development guided by a preliminary site plan in which one or more of the zoning or subdivision regulations, other than use regulations, may be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with the general guidelines and procedures of this ordinance.
(179) Private Club or Lodge: A building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues.
(180) Prison: A facility for the detention, confinement, treatment, or rehabilitation of persons arrested or convicted for the violation of civil or criminal law.
(181) Private Recreation: indoor or outdoor recreation facilities located within a residential development that is limited to use by residents and their guests.
(182) Public Building: Any building open to the general use, participation, or enjoyment of the public or operated for the public's benefit and owned and/or operated by a City, parish, state, or federal government or by a public utility corporation or municipal district or authority.
(183) Public Facilities or Public Improvements: Facilities, whether public or privately owned, that are intended for common use, including, but not limited to water, sewer, drainage, transportation, parks, schools, and other utilities.
(184) Public Monument: A building, pillar, or similar structure either erected by a public agency or controlled by a public agency in memory of the dead, a person, or event.
City of Kenner V-40 Article V Unified Development Code Definitions (185) Pumping Station: Facilities including pumps and equipment for pumping fluids from one place to another, typically to remove water that has found its way into low-lying areas because of leakage or flooding.
(186) Racetrack: A measured course where animals or machines are entered in competition against one another or against time, including tracks used only in the training of animals.
(187) Real Estate Model Unit: A residential unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a residential development. Model units may also incorporate sales or rental offices for dwellings within the development.
(188) Reception Hall: A commercial establishment principally used for gatherings, entertainment, exhibits, etc., in which food and drink may be offered for consumption. A reception hall may contain a service bar.
(189) Recreation Facility, Commercial: A recreation facility operated as a business and open to the public for a fee.
(190) Recreation Facility, Public: A recreational facility operated by a governmental agency and open to the general public such as parks, playing courts, etc.
(191) Religious Institution: see Place of Worship
(192) Research and Development: An establishment where research and development is conducted in industries that include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Research and development does not involve the bulk manufacture, fabrication, processing, or sale of products.
(193) Residential Care Facility for the Elderly: See “Nursing Home”
(194) Restaurant: An establishment principally offering food for consumption on the premises and deriving at least fifty percent of its gross revenue from food sales. A restaurant may contain a service or holding bar. Restaurants include cafeterias.
(195) Restaurant, Carryout: A structure, which is maintained, operated, or advertised or held out to the public as a place where food, beverage, or desserts are served in disposable containers
City of Kenner V-41 Article V Unified Development Code Definitions or wrappers from a serving counter for consumption off the premises. Carryout restaurants may not offer alcoholic beverages for sale.
(196) Restaurant, Drive-in: An establishment which provides food and/or drink items specifically prepared for/or packaged in such a way as to permit consumption outside the building and principally while patrons remain in their vehicles.
(197) Restaurant, Drive-thru: An establishment which provides food and/or drink items specifically prepared for/or packaged in such a way as to permit consumption outside the building, with a window for purchase and pick-up from a vehicle.
(198) Restaurant, Fast Food: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption within the restaurant building or off-premises.
(199) Restaurant, Full-Service: A restaurant with table service (order placement and delivery on- site) provided to patrons, also including cafeterias. Carryout service, if any, shall be a limited portion of the facility and activity. Full-service restaurants shall only offer alcoholic beverages for on premise consumption at the table.
(200) Restaurant, Specialty: Establishments whose primary business is the sale of a single type of food or beverage that is not considered a complete meal (e.g. candy, coffee, or ice cream). The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage. Food and beverages are for customer consumption on- or off-premises. Specialty restaurants shall not offer alcoholic beverages for sale.
(201) Rest Home: see Nursing Home.
(202) Retail Goods Establishment: A business that provides physical goods, products, or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. A retail goods establishment does not include any adult uses. A retail goods establishment may not sell alcohol unless a retail sale of alcohol is allowed within the district and a separate approval is obtained for such use. A retail goods establishment that sells food products, such as a delicatessen, bakery or grocery, may offer incidental seating areas for consumption of food on the premises.
(203) Retail Sales of Alcoholic Beverages: Retail sales of alcoholic beverages for consumption off- premises, when licensed by the City. Sale of alcohol must be in factory original containers.
City of Kenner V-42 Article V Unified Development Code Definitions (204) Sanitary Landfill: An engineered land burial facility for the disposal of solid waste, which is so located, designed, constructed, and operated to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.
(205) Satellite Dish Antenna: A dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication, or other signals from other antennas, satellites or other services.
(206) School: see Educational Facilities
(207) Seasonal Sales: A retail sales operation, generally conducted outdoors, that offers for sale on a temporary, limited basis, holiday-related items. Typical uses include Christmas tree sales lot and pumpkin patches.
(208) Service Facilities, Public Utilities: Includes all facilities of public utilities operating under the jurisdiction of the public service commission, or the department of transportation and development, or Federal Power Commission, and common carriers by rail, other than office space, garage, and warehouse space and include office space, garage space and warehouse space when such space in incidental to a service facility.
(209) Service Station: Any building, structure, or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels, oils, or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs.
(210) Semiprivate Athletic Club: A facility used primarily for active physical recreation, sport, or exercise on a commercial membership basis.
(211) Shopping Center: A group of retail and other commercial establishments that is planned, owned, and managed as a single property. The center’s size and orientation are generally determined by the market characteristics of the trade area served by the center. The two main configurations of shopping centers are malls and strip centers.
(212) Sno-ball Stand: A place where sno-balls are made and sold. A sno-ball stand may also sell additional food and beverage items, such as ice cream, hot dogs, nachos, and non-alcoholic beverages.
(213) Social Club or Lodge: Structures operated by an organization or association for some common purpose, such as, but not limited to, a fraternal, social, educational, or recreational purpose or a union hall, but not including clubs organized primarily for profit or to render a service, which is customarily carried on as a business. Such organizations and associations
City of Kenner V-43 Article V Unified Development Code Definitions must be incorporated under the laws of Louisiana as a nonprofit corporation or registered with the Secretary of State of Louisiana.
(214) Solid Waste: Any garbage, refuse, or sludge from a waste treatment plant, water-supply treatment plant, or air pollution-control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. However, the term “solid waste” does not include solid or dissolved material in domestic sewage; solid or dissolved materials in irrigation-return flows or industrial discharges that are point sources subject to permits under LA R.S. 30:2074; source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (68 Stat. 923 et seq.), as amended (42 U.S.C. Section 2011 et seq.); or hazardous waste subject to permits under LA R.S. 30:2171 et seq.
(215) Solid Waste Collection Facility: A facility that is used to accumulate solid waste generated by and delivered by more than one household or commercial establishment for pickup by a transporter, including, but not limited to, facilities typically located in rural areas where garbage collection does not occur. This definition does not include containers that receive only solid waste generated on property that is contiguous with the property on which the container is located (e.g., containers located at and receiving solid waste only from a multiunit dwelling or a commercial establishment or an industrial establishment).
(216) Solid Waste Compost Facility: A facility where organic matter is processed by natural or mechanical means to aid the microbial decomposition of the organic matter.
(217) Solid Waste Transfer Station: A solid waste processing facility where solid waste is transferred from collection vehicles, processed, and placed in other vehicles for transportation (e.g., a facility that separates recyclables from industrial or putrescible waste streams).
(218) Stable, Private: An accessory building located on a lot of at least twenty thousand (20,000) square feet for the housing of not more than two (2) horses or mules owned by a person or persons living on the premises and which horses or mules are not for hire or sale.
(219) Stable, Public: A stable with a capacity for the housing of more than two (2) horses or mules which stable may be operated for remuneration, hire, sale or stabling. This definition includes livery stables.
(220) Stadium: A commercial structure with tiers of seats rising around a field or court, intended to be used primarily for the viewing of athletic events, typically designated for one sport and/or sporting team. Sports arena may also be used for secondary entertainment and other public gathering purposes, such as conventions, circuses, or concerts. Unless otherwise restricted by this ordinance, a stadium may serve alcohol as an accessory use but only when the stadium is open to the public for an event.
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(221) Strip Center Development: A pattern of commercial development comprised of two or more separate businesses, generally one lot in depth with commercial activity arranged in a line formation.
(222) Substance Abuse Treatment Facility, Outpatient: A facility used for the treatment of alcohol or other drug abuse where neither meals nor lodging is provided. An outpatient substance abuse treatment facility must be licensed by an agency of the State of Louisiana as an outpatient substance abuse treatment facility or similar facility, and shall be operated by an entity that is similarly licensed by the State of Louisiana.
(223) Supermarket: see Retail Goods Establishment
(224) Supper Club: A restaurant having a minimum enclosed dining/entertainment area of four thousand square feet and providing live entertainment, but not adult uses. The dining and entertainment area must be composed of standard restaurant tables and seating and a live entertainment stage area or dance floor. The dining area must occupy a minimum of fifty percent of the floor area of the restaurant/entertainment area. A supper club must provide full and continual food service throughout the periods of its operation. No more than twenty percent of the seating area, as approved by the Department of Safety and Permits, may be removed to accommodate special performances. A supper club may offer the sale of alcoholic beverages as incidental to food service.
(225) Swimming Pools: Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and two hundred fifty (250) square feet or more of water surface area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool, a fish pond, or similar type pool, located and designed so as not to create hazard or be used for swimming or wading.
(226) Tattoo Parlor: Establishments where services offered are tattooing, body piercing and non- medical body modification. This definition does not include establishments that offer only ear piercing as an accessory use.
(227) Tavern: See Bar
(228) Theater, Drive-in: An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
(229) Tourist Court: See Motel
City of Kenner V-45 Article V Unified Development Code Definitions
(230) Town House: See Dwelling
(231) Trade Service Establishment: Any establishment whose primary activity is the provision of assistance or trade skills, as opposed to products to individuals, businesses, industry, or government and other enterprises. This includes, but is not limited to, plumbing, carpentry, electrical, and appliance repair.
(232) Trailer Park: See Mobile Home Park
(233) Transmission Towers: A structure or framework, usually of a steel lattice construction, principally intended to support radio, cellular, telecommunications, television, electric utility and/or any other electromagnetic transmissions, and receiving antennas and/or equipment.
(234) Travel Trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary recreational dwelling, and may be transported by a motor vehicle.
(235) Truck Repair: Establishments involved in the repair and service of trucks. As used in this definition the term truck does not include any vehicle whose maximum gross weight is ten thousand pounds or less as rated by the Louisiana Department of Motor Vehicles.
(236) Truck Stop: A facility engaged primarily in the fueling, servicing, repair, or parking of tractor trucks or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers, or a restaurant primarily for the use of truck crews. The storage of vehicles for the use of parts off such vehicles for sale or repair is prohibited. Such facility may also include gaming machines and uses within as allowed in LA R. S. 33:4862.1 et seq. As used in this definition the term truck does not include any vehicle whose maximum gross weight is ten thousand (10,000) pounds or less as rated by the Louisiana Office of Motor Vehicles.
(237) Tutoring Service: A business providing additional, special, or remedial instruction to a student or a group of students for a fee.
(238) Urban Agriculture: An activity that produces, processes, and markets food and other products within the urban areas of the City, applying large-scale, intensive production methods to yield a diversity of crops.
(239) Use, Permitted: A "permitted use" is a use which may be lawfully established in a particular zoning district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such district.
City of Kenner V-46 Article V Unified Development Code Definitions
(240) Use, Principal: A "principal use" is the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be either "permitted" or "conditional."
(241) Use, Temporary: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
(242) Veterinary Clinic, Small Animal: An establishment used by veterinarians or practitioners in related specialties for the practice of veterinary medicine where small animals are admitted for examination or treatment, but are not lodged or kept overnight. Limited laboratory and other diagnostic services are also provided on an outpatient basis. Reptiles, lizards, hoofed animals, exotic birds, exotic animals, or wild animals shall not be considered as small animals.
(243) Warehouse Facilities or Buildings: These are used primarily for the storage of wholesale goods and materials for industrial, manufacturing, and institutional use; and large-scale terminal facilities for retail storage, leased storage, or temporary storage.
(244) Waste Transfer Station: see Solid Waste Transfer Station
(245) Wedding Chapel: A place, other than a legal court and a church or religious institution, where couples can get legally married.
(246) Wholesale Trade: Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
(247) Wind Farm: A facility for wind turbines and generators used to generate and produce electric power.
(248) Winery: An agricultural operation where the cultivation, processing, fermentation, and bottling of grapes, berries, or fruits occurs including all related equipment.
(249) Wireless Communications Facility: An un-staffed structure used to house and protect the equipment necessary for processing telecommunications signals, which may include air conditioning equipment and emergency generators.
(250) Wireless Communications Tower: A structure designed and constructed to support one or more wireless communications antennas and including all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or
City of Kenner V-47 Article V Unified Development Code Definitions supported (attached directly to the ground and with guy-wires) and of either lattice or monopole construction.
(251) Yard Sale: See Garage Sale.
City of Kenner V-48 Article V Unified Development Code Definitions Section 5.04 General Definitions
(1) Airport Hazard: Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport, or is otherwise hazardous to such landing or taking off of aircraft.
(2) Accessory Building: A subordinate building, attached to, or detached from the main building, the use of which is incidental to the main building and not used as a place of habitation, for a living room, kitchen, dining room, parlor, bedroom, or library. When an accessory building is not a portion of the main building, it must be separated from the main building by a minimum horizontal distance of six (6) feet.
(3) Access Way: An all-weather surface for vehicular access to parking and loading spaces, traversing a greenbelt area on a development site.
(4) Accessory Use: A subordinate use which is incidental to and customary or necessary in connection with the main building or use and which is located on the same lot with such main building or use.
(5) Aerial: An antenna extending into the air.
(6) Alley: A way, which affords only a secondary access to property abutting thereon.
(7) Antenna: A metallic, graphite, fiberglass, or other Figure V-1: Buildable Area device which is attached to a transmission tower, telecommunications tower, monopole, mast, building or other structure for transmitting and receiving electromagnetic waves.
(8) Balcony: A railing enclosed platform projected from and supported by an outer wall of a building but not supported directly from the ground.
(9) Basement: The portion of a building below the first story and having more than one-half (½) its height below grade.
(10) Berm: A mound of earth.
(11) Buildable Area: The area of a lot not included within the
yards or open spaces herein required (Fig. V-1).
City of Kenner V-49 Article V Unified Development Code Definitions
(12) Building: Any structure designed, built, or used for the support, enclosure, or protection of persons, animals, chattels, or property of any kind.
(13) Building, Community: A building used for social, recreational, or educational activities of the residents in the neighborhood or community. Such building owned by a government agency, welfare, religious organization, or nonprofit civic organization, and not operated for commercial gain.
(14) Building, Height of: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line or highest point of coping or parapet of a mansard roof, or to the main height level between eaves and ridges for gable, hip, shed, and gambrel roofs. When the highest wall of a building with a shed roof is within thirty (30) feet of the street, the height of such buildings shall be measured to the highest point of coping or parapet.
Figure V-2: Measuring the Height of Buildings
(15) Buffer Yard: A landscaped area to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.
(16) Caliper: The diameter of a tree, measured at a point six (6) inches above the ground line if the resulting measurement is no more than four (4) inches. If the resulting measurement is more than four (4) inches, the measurement is made at a point twelve (12) inches above the ground line; multi-stem trees must be specified by height, not caliper.
City of Kenner V-50 Article V Unified Development Code Definitions (17) Canopy: A detachable, roof-like cover, supported from the ground, deck, floor or walls of a building for protection from the sun or weather.
(18) Carport: A canopy or shed open on at least two (2) sides for providing shelter for one or more vehicles.
(19) Cellar: That portion of a building below the first story having more than one-half (½) of its height below grade.
(20) Clearing: Includes, but is not limited to, the removal of trees, shrubbery brush, ground cover, and/or topsoil from any part of the land, but does not include maintenance mowing or trimming.
(21) Comprehensive Plan: Also known as, a master or general plan is the collection of information and material including a set of goals, policies, and guidelines intended to direct the present and future physical, social, and economic development that occurs within a City or parish, as required by LA RS 33:104.
(22) Conditional Use: A use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Planning Commission and granting of a conditional use permit imposing such conditions as necessary to make the use harmonious or compatible with neighboring uses, as outlined in Article VI of this Ordinance.
(23) Court: An open space at ground level, which may or may not have direct street access around which is arranged a single building or a group of related buildings.
(24) Culinary or Cooking Facilities: A space in a dwelling arranged, intended, designed, or used for the preparation of food for a family. Facilities may include a sink, stove, cabinets, and refrigerator or any kind of combination of these arranged in such space. A refrigerator alone shall not constitute culinary or cooking facilities under this definition.
(25) DBH (diameter at breast height): The method used to measure caliper by the timber industry, which is taken approximately four and one-half (4½) feet high on the trunk of a tree above the ground line.
(26) Development Project: A public or private sector venture involving the development, structural modification, or redevelopment of commercial, industrial, residential, or other properties.
(27) Developed Site: Premises that contain existing structures or buildings for which a building permit is required.
City of Kenner V-51 Article V Unified Development Code Definitions
(28) District, Zoning: An area or areas within the limits of the City for which the regulations and requirements governing use, lot, and size of building and premises are uniform.
(29) District, Commercial: Any district designated in these regulations as a business or commercial district, and permitting the purchase, sale, or transaction for the disposition of any Article, substance, commodity, or service; the maintenance or conduct of offices, professions, or recreational or amusement enterprises conducted for profit and also including renting of rooms, business offices, and sales display rooms and premises.
(30) District, Industrial: That portion of the City with designated land uses characterized by production, manufacturing, distribution, or fabrication activities.
(31) District, Residential: Any single-family, two-family or multifamily residential zoning district or a planned unit development where a majority of the land area or floor area is devoted to residential dwelling uses.
(32) Dormitory: A building intended or used principally for sleeping accommodations where such building is related to an educational or public institution, including religious institutions and hospitals.
(33) Drip Line: A vertical line extending from the outermost portion of the tree canopy to the ground.
(34) Drive-in: A term used to describe an establishment designed or operated to serve a patron while seated in an automobile parked in an off-street parking space.
(35) Exotic Dancers: Any male or female performer or male or female impersonator hired to dance, gyrate, twist or do any other physical performance on the floor, tables, stage or other contrivance in a sexually suggestive or provocative manner on the premises of any private or public property, whether said performer is paid a salary or receives compensation by way of gratuities by customers or commission.
(36) Family: One or more persons occupying a single dwelling unit with a single, indoor culinary facility, as a single housekeeping unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over six persons, including any roomers, boarders, and/or domestic servants.
(37) Family-Unit: A single housekeeping unit with complete, independent facilities for living, sleeping, cooking and dining.
City of Kenner V-52 Article V Unified Development Code Definitions (38) Floor Area, Gross (GFA): The total area of all floors of a building, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
(39) Commercial, Business and Industrial (GFA): 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 (2) buildings but not including:
a. Attic space, providing less than seven (7) feet of head room b. Cellar space not used for retailing c. Outside stairs or fire escapes, roof overhangs and balconies d. Accessory water towers or cooling towers e. Accessory off-street parking spaces f. Accessory off-street loading area
(40) Residential (GFA): 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.
(41) Floor Area Ratio (FAR): The floor area of a Figure V-3: Floor Area Ratio building or buildings on a lot divided by the lot area.
(42) Frontage, Street: The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead-end street.
(43) Frontage, Lot: The distance for which the front lot line and the street line are coincident.
(44) Gallery: A railing enclosed platform, projected from and supported by an outer wall of a building and supported from the ground by columns.
(45) Grade: The required elevation of the ground at the building or building site as established by the building code of the City of Kenner.
(46) Greenbelt: Required landscaping space adjacent to the property line of any public right-of-way of which the developed site fronts.
City of Kenner V-53 Article V Unified Development Code Definitions
(47) Ground Cover: Low growing plant material installed in such manner as to provide a continuous cover of the ground surface that can be maintained at a height of not greater than twelve (12) inches. For example, Asian jasmine or Mondo grass.
(48) Hardship: A restriction on property so unreasonable that it results in an arbitrary and capricious interference with basic property rights. Hardship relates to the physical characteristics of the property, not the personal circumstances of the owner or user. A hardship may occur if the property is rendered unusable without the granting of a variance.
(49) Institution: A building or group of buildings designed or used for the nonprofit, charitable, or public service purposes of providing board, lodging, help, 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.
(50) Institutional Entity: An established organization or corporation, especially of a public or charitable character, including but not limited to religious, educational, charitable, public service or cultural organizations.
(51) Junk: Abandoned or dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof, abandoned or dilapidated wagons and other kinds of vehicles and parts thereof, scrap building materials, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair mattresses, beds or bedding, or any other kind of scrap or waste material which is stored, kept, handled or displayed.
(52) Junkyard: A lot, land, or structure, or part thereof, used for the collection, storage, and sale of waste paper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, salvaging, or sale of parts or machinery or vehicles not in running condition.
(53) Landscaping: Any combination of living plants such as trees, shrubs, vines, ground covers, flowers or lawns. It may include natural features such as rock, stone, and bark or structural features, including but not limited to fountains, reflecting pools, art works, screen walls, fences, and benches.
(54) Landscape plan: A scaled plan that clearly delineates vehicular use areas and displays and describes all landscaping, to include methods of irrigation and maintenance, and all other features of landscape areas to comply with the provisions of this ordinance.
(55) Loading Space: A space within the main building or on same lot, providing for the standing, loading or unloading of trucks. The space shall have a minimum area of five hundred forty (540) square feet with a minimum width of twelve (12) feet, a maximum depth of thirty-five (35) feet,
City of Kenner V-54 Article V Unified Development Code Definitions a vertical clearance of at least fourteen and one-half (14.5) feet, and must be an impervious, hard-surface area connected to an accepted for maintenance street or alley by an impervious hard surface driveway.
(56) Lot: A parcel of land occupied or Figure V-4: Lot Types which may be hereafter occupied by a building and its accessory buildings, together with such open spaces and parking spaces or area as are required under this ordinance and having its principal frontage upon an officially approved street or place.
(57) Lot Area: The total horizontal area within the lot lines of the lot.
(58) Lot, Corner: A lot abutting on two (2) or more streets at their intersection.
(59) Lot, Depth of: The average horizontal distance between the front and rear lot lines.
(60) Lot, Interior: A lot other than a corner lot.
(61) Lot Line: A line dividing one lot from another or from a street or other public place.
(62) Lot of Record: A lot which is a part of a subdivision, the map of which has been recorded in the office of the clerk of the court and assessor's office or a parcel of land which can be legally established and defined by a deed or act of sale on or before the adoption of this ordinance.
(63) Lot, Through (Double Frontage): A lot having a frontage on two (2) approximately parallel streets or places.
(64) Lot, Width: The average horizontal distance between the side lot lines, measured at the required front yard line and parallel to the front street line, or measured at the street line if no front yard is required.
City of Kenner V-55 Article V Unified Development Code Definitions (65) Main Building: Any building having the predominant land use which is not an accessory building.
(66) Mast: A frame supporting antennas not exceeding thirty-five (35) feet in height which is mounted on a roof or some other structure.
(67) Median: The land in the center of the right-of-way, which is used to separate the directional flow of traffic, and may contain left turn pockets. A median is often locally referred to as a "neutral ground."
(68) Monopole, Standard: A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal, or a wooden pole with below grade foundations that is intended to support antennas necessary to deliver and receive telecommunications transmissions.
(69) Monopole, Nonstandard: A monopole, or other freestanding structure containing antennas, which is designed to camouflage the appearance of a standard monopole, such as a clock tower. Nonstandard monopoles shall be designed, subject to the guidelines herein, to be aesthetically compatible with character of the neighborhood in which they are located. Artificial tree designs shall not be permitted as nonstandard monopoles.
(70) Motorized Home: Is a portable dwelling designed and constructed as an integral part of a self- propelled vehicle, and limited to eight (8) feet in width, forty-five hundred (4,500) pounds in weight, and twenty-nine (29) feet in length. A motorized home is considered a recreation vehicle.
(71) Neutral Ground: See "Median."
(72) Nonconforming Structure: A structure, or a portion thereof, that no longer conforms to the site area, coverage, setback, or other regulations prescribing physical development standards for the district in which such structure is located.
(73) Opacity: An imaginary vertical plane extending from the established grade to a required height, of which a required percentage will be visually screened from adjacent property use.
(74) Open Space: An area or portion of land, either landscaped or essentially unimproved and which is used to meet human recreational or spatial needs, or to protect air, water or plant areas.
(75) Open Space Ratio: The open space on the lot (excluding required parking) divided by the total floor area of any building or buildings on the lot.
City of Kenner V-56 Article V Unified Development Code Definitions (76) Parking Space: An area enclosed in the main building or in an accessory building, or unenclosed, permanently reserved for the storage of one (1) motor vehicle and connected to an accepted- for-maintenance street or alley by a driveway providing unobstructed ingress and egress for motor vehicles.
(77) Permit: An official document authorizing performance of a specific activity regulated by the Code of Ordinances.
(78) 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, recreation and vacation uses, and limited to eight (8) feet in width, forty-five hundred (4500) pounds in weight, and twenty-nine (29) feet in length. A pickup coach is considered a recreation vehicle.
(79) Plant Material: Any plant including trees, vines, shrubs, ground covers and annuals or vegetation of any size, species, or description.
(80) Public Monument: A building, pillar, or similar structure either erected in memory of the dead or a person or event by a public agency or controlled by a public agency.
(81) Recreation Vehicle: A vehicle, or similar means of human transportation, used primarily for recreational purposes. Recreational vehicles include, but are not limited to, boats and rafts, camper or travel trailers designed to be used as a temporary dwelling for travel or recreational use, motor homes, pickup coaches designed primarily to be mounted on a pickup or truck chassis and suitable for use as a temporary dwelling for travel, recreational or vacation uses, and jet skis and other personal watercraft.
(82) Residual Areas: Excess space not used for parking, walkways, or other site amenities.
(83) Right-of-Way: Public easement or servitude or property owned by a subdivision of the state containing roadways, medians, berms, utilities, pipelines, drainage ditches and canals.
(84) Shrub: A woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature (generally obtaining a height less than eight (8) feet and its habit of branching from the base. For the purposes of this ordinance, shrubs shall be defined as obtaining a minimum height of thirty-six (36) inches at maturity. For example, Indian hawthorn or azalea.
(85) Sidewalk: A paved surface or leveled area separated from the street and used as a pedestrian walkway.
City of Kenner V-57 Article V Unified Development Code Definitions
(86) Sign: For definitions pertaining to signs, see Article XI, section 11.06.
(87) Site Plan: A plan (to scale) showing uses and structures proposed for a parcel of land as required by the regulations involved. Its purpose is to show how the intended use relates to the major landscape features, and the surrounding areas. Requirements and procedures for “Site Plan Review” are found in Article VI of this ordinance.
(88) Story: That portion of a building, other than a cellar or basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
(89) Street: A public or private thoroughfare, which affords a principle, means of access to abutting property.
(90) Street Façade: That exterior side of a building, which faces, and is most nearly parallel to, a public or private street. The façade shall include the entire building walls, including wall faces, parapets, fascia, windows, doors, canopies, and visible roof structures of one (1) complete elevation.
(91) Street Line: A line separating a lot, tract, or parcel of land, and abutting a street right-of-way.
(92) Street, Major: Streets, which serve high-volume travel corridors that, connect major generators of traffic such as commercial centers, large industrial centers, major residential communities, and other major activity centers.
(93) Street, Minor: public streets that provide access to individual single-family residential lots, provide entry and exit to the neighborhood, and provide connectivity to major streets.
(94) Structure: 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 generalities of the foregoing, advertising signs, billboards, backstops for tennis courts, fences, and pergolas.
(95) Structural Alteration: Any change in the supporting members of a structure such as footings, foundations, bearing walls, or partitions, columns, beams or girders, or any substantial change in the roof or the exterior walls.
(96) Theater: A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.
City of Kenner V-58 Article V Unified Development Code Definitions
(97) Transmission Tower: A structure or framework, usually of a steel lattice construction, principally intended to support radio, cellular, telecommunications, television, electric utility and/or any other electromagnetic transmissions, and receiving antennas and/or equipment.
(98) Travel Trailer: Is a recreation 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 (8) feet, a body length not exceeding twenty-nine (29) feet, and a gross weight not exceeding forty-five hundred (4500) pounds.
(99) Tree - Class A: Any self-supporting woody plant of a species that normally grows to an overall height of fifty (50) feet or more, usually with one (1) main stem or trunk, and many branches. Class A trees may be counted toward Class B tree requirements, however, Class B trees may not be counted toward Class A tree requirements.
(100) Tree - Class B: Any self-supporting woody plant of a species that normally grows to an overall height of twenty-five (25) feet or more, usually with one (1) main stem or trunk, and many branches. It may have multiple stems or trunks; for example, crape myrtle. Class A trees may be counted toward Class B tree requirements, however, Class B trees may not be counted toward Class A tree requirements.
(101) Tree Preservation: Any portion of a site containing existing trees that are proposed to be preserved in order to comply with the requirements of this ordinance.
(102) Variance: A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
(103) Vegetation: Plant life, including but not limited to, trees, shrubs, flowering and non-flowering plants.
(104) Vehicle – Commercial: A vehicle bearing or required to bear a commercial license plate, and having a gross vehicle weight of less than 10,000 pounds designed for the transportation of commodities, merchandise, produce, freight, animals, or passengers in the furtherance of any commercial enterprise.
City of Kenner V-59 Article V Unified Development Code Definitions (105) Vehicle – Heavy Commercial: Any vehicle bearing or required to bear commercial license plates and/or any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise, including but not limited to dump trucks, motorized heavy construction vehicles, solid waste collection vehicles, commercial haulers, concrete mixer trucks, towing and recovery vehicles, any vehicle in which food or beverages are stored or sold, and any vehicle designed or used to transport heavy construction, landscaping, or lawn care equipment in the furtherance of any commercial enterprise and having a gross weight of more than 10,000 pounds, and has one or more of the following specifications:
a. Exceeds eight (8) feet in height which includes the total vertical dimension of any vehicle above the ground surface including any load and /or load- holding devices thereon; and
b. Exceeds twenty-one (21) feet in length which includes the total longitudinal dimension of a single vehicle, including load, meaning from the front of the vehicle to its rear and including any load-holding devices thereon
c. Has special equipment that distinguishes it from private passenger automobiles including but not limited to, a crane or an electronic message board.
(106) Vehicular Use Area: All area subject to vehicular traffic, including access ways, driveways, loading areas, service areas, and parking lots and stalls for all types of vehicles.
(107) Waterway: Any body of water, including any bayou, creek, canal, river, lake, or bay, or any other body of water, natural, artificial, except a swimming pool, or ornamental pool located on a single lot.
(108) Yard: An open space other than a court at existing ground level between a buildable area and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided herein. For the purposes of determining yard measurements, the least horizontal distance between a lot line and the buildable area shall be used.
(109) Yard, Front: A yard extending across the front of a lot between the side yard lines, and being the required 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 its least dimension.
(110) Yard, Rear: A yard extending across the rear of a lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the building area. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
City of Kenner V-60 Article V Unified Development Code Definitions (111) Yard, Side: A yard between the main building and the side lot line and extending from the required front yard to the required rear yard and being the required minimum horizontal distance between the side lot line and the side line of the buildable area.
Figure V-5: Yard Types
(112) Zoning: A police power measure in which the City is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards.
(113) Zoning, Spot: An arbitrary rezoning of a parcel or parcels of land located within a larger zoned area of a markedly or substantially different zoning or land use intensity that is not consistent and noncompliant with the City’s comprehensive plan and current zoning restrictions. A spot zoning of land primarily promotes the private interest of the individual owner rather than the general welfare of the greater community.
City of Kenner V-61 Article V Unified Development Code Definitions Article VI. Zoning
Section 6.01 General Procedures
The following requirements are common to many of the following procedures, and apply to all applications submitted under this ordinance. Additional details may be included in the specific procedure.
(a) Zoning Verification:
Before submitting an application for any procedure in this ordinance or for a building permit, the applicant shall submit a “Zoning Verification Request Form” with the Department of Planning and Zoning.
(b) Pre-Application Conference:
(1) Optional – Before submitting an application for review, an applicant may schedule a pre- application conference with the Planning and Zoning Director or a designee to discuss the procedures, standards, and regulations required for approval. A pre-application conference is optional, except for the procedures listed below.
(2) Mandatory – Before submitting an application for the following types of review, an applicant must schedule a pre-application conference with the Planning and Zoning Director or a designee to discuss the procedures, standards, and regulations required for approval in accordance with this ordinance and other applicable City codes.
a. Formal applications to amend the Pattern for Progress comprehensive plan,
b. Any amendments to the Unified Development Code
c. Zoning Map changes
d. Planned Unit Development applications
e. Conditional Use applications
(c) Neighborhood Early Notice Conference:
Following a mandatory pre-application conference, the applicant must provide notice and present the project to the neighborhood association board where the project will be located, or, if no such neighborhood board exists, to the City Council District office representing the area where the
City of Kenner VI-62 Article VI Unified Development Code Zoning project is to be located. If an application does not require a mandatory pre-application conference, it does not require a Neighborhood Early Notice Conference.
(1) The applicant, when required, must request in writing a public community meeting with the affected neighborhood to disclose the details, plans, and proposals of the request or project seeking approval.
(2) Upon written notice to the community, a community meeting must take place within 45 days of the written request, or the community or neighborhood will lose its right to a public meeting.
(3) The applicants must prepare a report accompanying the formal application, delineating concerns raised at the neighborhood meetings as well as any actions taken to assuage or mitigate these concerns.
(4) As part of the application, following the community meeting, the applicant shall submit to the Director of the Department of Planning and Zoning a letter verifying the time, place, and location of the meeting and the issues and concerns discussed at that meeting.
(d) Application:
(1) Initiation – The owner(s) of the property in question, or the authorized agents of the owner(s), may initiate and file an application for approval from the City of Kenner.
(2) Application Forms – Applications, containing all information requested on the application and any additional information required by a designee of the City of Kenner, must be submitted on forms and in such numbers as required by this ordinance. All applications must be complete and sufficient for processing before they will be reviewed.
(3) Fees – As per Section 14.01 of this ordinance, no applications shall be reviewed, and no permit, certificate, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full. When an application is submitted on behalf of the City of Kenner, no fees shall be required.
(4) Complete Applications – An application is complete when it contains all the information necessary to decide whether the development as proposed will comply with all of the requirements of this Ordinance. Details for each application are included in the specific procedure Section of this Ordinance. The presumption is that all of the information required in the application forms is necessary to satisfy the requirements of this Ordinance. However, it is recognized that each application is unique, and more or less information may be required according to the needs of the particular case. The applicant
City of Kenner VI-63 Article VI Unified Development Code Zoning may rely on the determination of the Planning and Zoning Director as to whether more or less information may be submitted.
(5) Concurrent Applications – Applications may be filed by the same applicant and reviewed concurrently, at the option of the applicant.
a. Any application that also requires a variance shall not be eligible for final approval until the variance has been granted. b. Applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved. c. No more than one (1) applicant shall submit a land use or zoning application for an identical request. Applications will be accepted only on a first-come first-served basis.
(6) Modification of Application – An application may be modified at the applicant’s request following the approval of the Planning and Zoning Director or his designee before the request is advertised in the official journal for Planning and Zoning meetings. Any modification after the request has been advertised shall require a new hearing.
Section 6.02 Notice Provisions
(a) Published Notice for Planning and Zoning Commission Hearings:
For all land use and zoning applications and requests appearing before the City of Kenner Planning and Zoning Commission, a notice setting forth the date, time, place and purpose of the public hearing, the name of the applicant, and identification of the subject property must be published once a week for three (3) consecutive weeks in the official journal of the City of Kenner. At least twenty (20) days shall lapse between the first publication and the date of hearing.
(b) Notice by Mail:
In addition to notice by publication, at least ten days prior to the public hearing, a good faith attempt to notify all property owners of record within a 250-foot radius of the property under consideration shall be made by the sending of an official notice by certified mail of the date, time, and place of the public hearing and the subject matter of the applicable regulations and restrictions. No other mandatory types of notice shall be required; however, the City of Kenner Planning and Zoning Commission, by rule may provide for additional discretionary forms of notice.
City of Kenner VI-64 Article VI Unified Development Code Zoning (c) Notification Following Decision:
Within ten (10) calendar days of the effective date of the City Council's ordinance reflecting action on any application for which notice is required under this section, written notification of such action shall be mailed to the applicant by the Director of planning, stating the action taken and including all conditions imposed and items established for satisfaction of such conditions, if any.
(d) Notice of Termination of Approval:
Prior to the City Council's review of whether an approved land use or zoning application should be terminated, personal notice of the termination proceeding shall be given to the applicant and other interested parties in the manner provided herein.
(e) Costs of Notice:
All actual costs incurred by the City in preparing and publishing the notice required by this Article shall be paid by the applicant prior to publication or mailing of such notice according to a schedule of fees established by the City Council.
(f) Validity of Defective Notice:
(1) No action on a land use or zoning application shall be declared invalid by reason of any defect in:
a. The publication of the notice of the purpose or subject matter and the time and place of the hearing if the published notice gives reasonable notification of its purpose, subject matter, substance or intent; or
b. The mailing of notice to property owners as described in Section 6.02 (b).
(2) Any defect in or failure to strictly adhere to the discretionary forms of notification or a form of notice not required by state law shall not form a basis for declaring invalid any ordinance or City Council action on any zoning matter.
(3) No denial by the City Council of any application requiring notice shall be declared invalid by reason of any defect in any form of public notice, if the applicant has received notice of the time, date, and place of the hearing.
City of Kenner VI-65 Article VI Unified Development Code Zoning Section 6.03 Procedures and Approvals
(a) Zoning Compliance:
(1) Purpose: The purpose of a zoning verification is to promote compliance with this Ordinance by establishing a procedure for the City to verify the zoning classification of a specific lot, parcel, or tract of land prior to development or establishment of a use on said, lot, parcel, or tract.
(2) Authority: Prior to the issuance of a building permit or occupational license, the Director of the Department of Inspections and Code Enforcement must review the zoning verifications in accordance with the provisions of this section.
(3) Applicability: No structure or land may be used or occupied, in whole or in part, for any purpose, until a zoning verification has been issued stating that the use, structure, and site improvements comply with the provisions of this Ordinance. A zoning verification must be issued prior to issuance of a building permit or an occupational license. A zoning verification is needed only for the first permit or license issued for the building or site. For example, new construction that requires both a building permit and an occupancy permit only requires a zoning verification for the building permit.
(4) Process:
a. Prior to the issuance of a building permit or an occupational license by the Department of Inspections and Code Enforcement, a zoning verification of the use of the subject property shall be performed.
b. When a zoning verification is issued in conjunction with a building permit, occupancy permit or business license, no separate application is required.
c. An applicant may request a zoning verification. The applicant must submit an application containing the following material, unless waived by the Department of Inspections and Code Enforcement:
i. A completed application containing the applicant’s name(s), address, and interest in the subject property. ii. The name and address of the owner of the subject property, if different from the applicant, and the owner’s signed consent to the filing of the application. iii. The proposed use or uses of the subject property and a brief description of the construction, reconstruction, remodeling, or alteration requiring the issuance of a zoning verification.
City of Kenner VI-66 Article VI Unified Development Code Zoning iv. Such other and further information or documentation as the Director of the Department of Inspections and Code Enforcement may deem necessary or appropriate for a full and proper consideration and deposition of the particular application.
(5) Expiration: A verification of zoning compliance expires after six (6) months if a building permit application has not been filed.
(b) Site Plan Review:
(1) Types of Site Plan Reviews: Site plan reviews are classified as either Administrative or General.
(2) Purpose and Applicability:
a. Site Plan Review is to assist the City’s zoning enforcement officials in determining whether the purpose of Administrative specific standards of this ordinance and, if applicable, other laws and regulations have been complied with. Upon a determination of compliance, requested permits and licenses may be issued to the applicant. Administrative site plan review is a prerequisite to the issuance of new construction building permits.
b. The purpose of General Site Plan Review is to assist the Planning Department and the Planning and Zoning Commission in determining the merits of an application that requires final action by the City Council. General site plan review is conducted by the Department of Planning. It entails a public hearing process that requires a recommendation by the Planning and Zoning Commission and final action by the City Council.
(3) Administrative Site Plan Review: Any development not governed by a Special Ordinance shall initially submit a request for Administrative Site Plan Review with the Department of Inspections and Code Enforcement.
(4) General Site Plan Review: The following types of applications require General Site Plan Review:
a. Application for a Planned Unit Development (PUD) b. Application for a Conditional Use in any district c. Application for a rezoning of land and property d. Application to amend the Comprehensive Plan of the City of Kenner
City of Kenner VI-67 Article VI Unified Development Code Zoning e. Application for a major resubdivision of land f. Any other land use application for which the Planning and Zoning Commission reviews and the City Council is authorized to act on
(5) Application and Fees:
a. All applications for general site plan review shall be filed in writing with the Planning and Zoning Director (See Section 16.01, review Criteria Fees.)
b. A pre-application conference is required for general site plan review.
(6) Submittal Requirements for Site Plans: In addition to any other information required to be submitted by zoning district regulations for site plans, site plans should be prepared at a scale of not more than fifty (50) feet to one (1) inch and should contain the following information.
a. The name of the individual or firm preparing the plan. b. Sheets or pages numbered. c. Date and any revision dates. d. The north point, scale, and date. e. The boundaries of the property involved, the general location of all existing easements, sector lines, and property lines, existing streets, buildings, or waterways, and other significant physical features in or adjoining the project. f. The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground utilities and structures in or near the project. g. The general location and character of construction of any proposed streets, alleys, driveways, curb cuts, entrances and exits, vehicular use and off- street parking areas, loading areas (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities. h. Calculations for off-street parking requirements. i. The approximate height of all proposed buildings and structures, accessory and main or major excavations in relation to heights of buildings and structures on adjoining property. The location should be drawn to scale, but full dimensioning is not required.
City of Kenner VI-68 Article VI Unified Development Code Zoning j. Preliminary plans and elevation of the building(s) as may be deemed necessary. k. General location, height, and material of all dumpsters, fences, walls, screen planting and landscaping. l. General location, character, size and height, and orientation of proposed signs. m. A tabulation of the total gross area in square feet or acres of the project site and the floor area in square feet of any building(s) in the proposed development. n. Landscaping and design information necessary to meet the requirements of design review, where applicable. o. Such other information as may be required by the Planning and Zoning Department in order to meet standards in the zoning district in which the use is to be located.
(7) Waiver of submittal requirements: The Director of Planning and Zoning may waive submittal requirements for site plans where the information is not necessary under the circumstances to determine the nature of the development or whether the development meets relevant approval criteria.
(8) General Site Plan Review – Process:
a. Review by the Planning Department:
i. The Planning Department will review the site plan and other submittals and make a report to the Planning and Zoning Commission.
ii. The Planning Department may refer the site plan to other affected or interested agencies for review and comment.
b. Public Hearing and Recommendation by the Planning and Zoning Commission: Whenever the Planning and Zoning Commission is required by this ordinance to make a recommendation to the City Council concerning a land use or zoning application, the Commission shall make such recommendation after it has conducted a public hearing.
c. Review and Action by City Council:
City of Kenner VI-69 Article VI Unified Development Code Zoning i. Public hearing by City Council: Whenever the City Council is required by this ordinance to decide upon an application, the Council shall conduct a public hearing in accordance with its rules. The public hearing shall be held within the time period established by these regulations.
ii. Decision by the City Council: If the City Council is the final decision- making authority for an application, it shall decide whether to approve, approve subject to modification, or deny the proposal at a public meeting. The City Council shall not take official action upon any application requiring a recommendation of the Planning and Zoning Commission, until the report of the Planning Department has been received; provided, however, that if the report has not been filed within forty-five (45) days following the date of the public hearing, the City Council may then take official action on the application without the report from the Planning Department.
iii. The City Council shall render its decision on a General Site Plan Review application within one hundred twenty (120) days from the filling of a petition for relief by the applicant, unless otherwise expressly provided in these zoning regulations.
iv. If the City Council has not approved the request within one hundred twenty (120) days, it shall be considered to fail.
v. Review Criteria: The City Council shall consider the following criteria in approving or denying a land use or zoning application:
1) The proposed development is consistent with the pertinent elements of the City of Kenner Comprehensive Plan and any other adopted plans;
2) The proposed development meets the requirements of this Ordinance;
3) The proposed development will reinforce the existing or planned character of the neighborhood and the City.
4) The site plan demonstrates:
a) Compliance with any prior approvals;
City of Kenner VI-70 Article VI Unified Development Code Zoning b) Site design and development intensity appropriate and tailored for the unique natural characteristics of the site;
c) Adequate, safe and convenient arrangement of access, pedestrian circulation, bicycle facilities, roadways, driveways and off-street parking, stacking and loading spaces;
d) Connectivity to surrounding neighborhoods and the City as a whole;
e) Adequate design of grades, paving, drainage and treatment of turf to handle storm water, and;
f) Adequate access for disabled residents through the provision of special parking spaces, accessible routes between parking areas and buildings, passenger loading zones and access to other facilities.
g) Any adverse impacts on adjacent properties have been minimized or mitigated.
h) The request satisfies conditions of any other City departments pertinent to the review process.
(c) Building Permit:
No building permit shall be issued for a development requiring a site plan until the site plan has been approved.
(d) Dedication and Improvements:
For development of property requiring a site plan under this Ordinance, the applicant must dedicate any additional right-of-way necessary to the width required by the City of Kenner for streets adjoining the property, install curbs and gutters and pave all streets adjoining the property, and install sidewalks and street trees based on the standards set forth in this and all other City Codes and Ordinances.
The applicant shall bear the costs of installation of any on-site or off-site improvements required by this Ordinance, including provisions for storm water management, paving, and utilities.
City of Kenner VI-71 Article VI Unified Development Code Zoning (e) Modification of Approved Site Plan:
The Planning Department Director is authorized to approve minor modifications to an approved site plan. All modifications not listed as minor below shall be considered major by the body that approved the original site plan. The following modifications shall be considered minor:
(1) Up to ten percent (10%) increase or any decrease in gross floor area of a single building;
(2) Up to a ten percent (10%) reduction or any increase in the approved setbacks from exterior property lines;
(3) Relocation of parking areas, internal streets, or structures where such relocation occurs more than one hundred feet (100’) for exterior property lines.
(4) Appeals of City Council Decisions: Within fifteen (15) calendar days of a final decision on Site Plan Review of the City Council, any person aggrieved by the decision of the City Council may appeal that decision to the 24th judicial district court for the Parish of Jefferson. An appeal of a final decision of the City Council shall not affect a stay of such decision, unless specifically authorized by the City Council or ordered by the court.
(5) Expiration: A site plan expires after twelve (12) months where a building permit application has not been filed for all or part of said development. Applicants may file for one (1) six (6) month extension of the site plan approval in writing with the Planning and Zoning Director subject to administrative approval.
(f) Planned Unit Developments (PUD’s):
Purpose of provisions: Planned unit developments are of such substantially different character that specific and additional standards and exceptions are hereby set out to govern the recommendations of the Planning and Zoning Commission and the action of the City Council. In the case of a planned unit development, the Planning and Zoning Commission, after holding a public hearing, may recommend and the City Council may authorize that there be in part of the area of such development and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located, provided the Planning and Zoning Commission shall find:
(1) That the uses proposed are consistent with the City of Kenner’s Comprehensive Plan.
(2) That the uses permitted by such exception are reasonable or desirable and are appropriate with respect to the private purpose of the development.
City of Kenner VI-72 Article VI Unified Development Code Zoning
(3) That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.
(4) Providing the above conditions are met, the City Council shall have the power to grant exceptions to the following:
a. Yard requirements
b. Lot area
c. Use requirements
(5) Limitations: The provisions of this section are applicable in all districts providing the lot area of the property in question has the following minimum area:
a. In R-1, R-1A and RR-1 Districts: Ten (10) contiguous acres
b. All other districts except the R-1, R-1A and RR-1 Districts: Two (2) contiguous acres
c. In calculating the minimum area for a planned unit development, the measurement shall not include the area of any previously dedicated streets or alleys.
d. Adult book/video stores and truck stops with video poker machines are not permitted uses under the provisions of this section.
(6) Conditions to be met by planned unit developments:
a. District regulations: Every building erected and maintained under the provisions of this section shall comply with all of the regulations established by this ordinance for the district in which the building group is located except the regulation requiring a separate building site to be provided and maintained for each principal structure.
b. Site plan and improvements: A site plan for a building development shall include the requirements listed with Section 6.03 (b)(6).
City of Kenner VI-73 Article VI Unified Development Code Zoning c. Formation of incorporate nonprofit association (when applicable and/or when required by the City Council as part of a PUD). When the formation of an incorporate nonprofit association is part of a PUD the developer shall:
i. Create an incorporate nonprofit automatic homes association, which assures exterior maintenance of each unit and the common areas.
ii. Record covenants which automatically make every lot owner an association member, give the owner the right to use the common property, and establish his/her voting rights in the association and his obligation to pay its assessments.
d. Variations and exceptions: Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development of unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties and substantial hardships or injustices, the Council may vary or modify such requirements, so that the subdivider is allowed to develop his property in a reasonable manner, but so that, at the same time, the public welfare and interest of the City are protected and the general intent and spirit of these regulations are preserved.
(7) Procedure on planned unit developments .
a. Application for approval: An application for approval of a planned unit development shall be filed with the planning department and shall contain the following:
i. Interest and ownership: The applicant's name, address and interest in the application, and the name, address, and interest of every person, firm or corporation represented by the applicant in the application; the concurrence of the owner or owners of the entire land area included in the special plan and all encumbrances of such land; and sufficient evidence to establish that the applicants are all the owners and encumbrances of the designated land area, intend actually to develop the designated area, and have the means and ability to do so.
City of Kenner VI-74 Article VI Unified Development Code Zoning ii. Survey: The survey shall be performed and stamped by a licensed surveyor or engineer, and be no less than five (5) years old, and reflect existing site conditions.
iii. Site Plan for building development: The site plan shall contain any other site information as may be necessary to describe completely the proposed improvements.
iv. Building Elevation Plan: The building elevation plan shall illustrate the exterior architectural features of the building(s) including roof design, pitch, and height.
v. Landscape Plan: Illustration of the landscape plan shall be consistent with Article IX. Landscaping Regulations; Section 9.04 (c). Content of Landscape Plan.
b. General examination: Upon receipt of an acceptable application for approval of a planned unit development, properly and completely made out as listed herein, the planning department shall examine the application and make such investigation as is necessary. Within sixty (60) days of the receipt of an application, the planning department shall transmit the application together with its report to the Planning and Zoning Commission. The planning department may also transmit a copy of the application to any department or agency, which might be affected by the approval of the application, and such department or agency may transmit its report and recommendation to the Planning and Zoning Commission.
c. Compliance with state laws: Planned unit developments must comply with any applicable state laws
d. Review by Planning and Zoning Commission: The Planning and Zoning Commission shall hold a public hearing concerning the planned unit development in accordance with the provisions of this ordinance and shall review each application and shall approve or disapprove the site plan; approval may establish conditions and limitations, which may include a performance bond. The Planning and Zoning Commission shall then, within sixty (60) days render a recommendation to the City Council of approval, approval with conditions, or denial.
City of Kenner VI-75 Article VI Unified Development Code Zoning
e. Presentation of planned unit development to the City Council: Upon action taken by the Planning and Zoning Commission, the plan shall be presented to the City Council for final action. Action by yea and nay vote shall be taken within ninety (90) days [after] being submitted to the City Council. If the Council fails to vote within the ninety (90) day period, the time for Council action on the PUD will have prescribed and the PUD application will have failed. The one (1) year limitation period for reapplication, as provided for herein, shall be in effect from the prescription date.
f. Registration of planned unit development: Upon approval of a planned unit development, a copy of such plan shall be registered among the records of the planning department and shall thereafter be binding upon the applicants, their heirs, successors, and assigns; shall limit and control the issuance and validity of permits and certificates, and shall restrict and limit the use and operation of all land and structures within the area designated in such planned unit development and approval thereof; provided, however, that the department of planning may, upon a showing of land use necessity thereof, permit minor changes in the location of structures and site improvements if such minor changes will not change the character or use of the development, increase the gross floor area, intensity of use, or ground coverage, reduce the total building site area, the space between buildings, or the ratio of off-street parking area and off-street loading area to gross floor area, or gross floor area, or otherwise cause the planned unit development to fail to meet the conditions specified herein.
g. Amendment or withdrawal of planned unit development: Pursuant to the same procedure and subject to the same limitations and requirements by which the planned unit development was approved and registered, any planned unit development may be amended or withdrawn, either partially or completely, if all land and structures remaining under such planned unit development comply with all the conditions and limitations of the planned unit development and all land and structures withdrawn from such planned unit development comply with all regulations established by this ordinance and unrelated to the planned unit development.
h. Fees: Before any action shall be taken, fees must be paid in accordance to section 16.01, Fee Schedule.
City of Kenner VI-76 Article VI Unified Development Code Zoning i. One-year limitation: When a planned unit development application is filed with the planning department, and has been finally acted on by the City Council in accordance with the above outlined procedure, the Planning and Zoning Commission and the City Council shall not be petitioned to consider the identical planned unit development, for the same property, within a period of one calendar year from the date of the City Council's final action on said planned unit development.
(g) Conditional Use Permits:
(1) Nature of conditional use: A "conditional use" is a land use which, because of its unique nature or impact on the public's health, safety and/or welfare, is compatible with the permitted uses in a given zoning district and in nearby areas only upon a determination that the external effects of the use, in relation to the existing and planned uses of adjoining property, can be mitigated through the imposition of standards and conditions. This Article sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional use permit applications.
(2) Permit required: No conditional use shall be established and no building permit shall be issued for any use designated as a conditional use within a zoning district until a conditional use permit is issued in accordance with the provisions of this Article. An application for a conditional use permit shall be accompanied by a site plan prepared in the manner described in Site Plan Review Section 6.03(b). The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties and how it meets the approval standards set forth in Section 6.03(g)(6).
(3) Status of Conditionally Permitted Uses: The following general rules apply to all conditional uses:
a. The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved.
b. Approval of a conditional use permit shall authorize only the particular use for which the permit is issued.
c. No use authorized by a conditional use permit shall be enlarged, extended, or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new conditional use permit in accordance with the procedures set forth in this section.
City of Kenner VI-77 Article VI Unified Development Code Zoning
d. Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by the ordinances of the City of Kenner, including but not limited to these zoning regulations and the City Code, and all permits, if any, required by regional, state or federal agencies.
(4) Application for Conditional Use Permit: When an application for a conditional use permit is made, the application shall be submitted by the property owner or by the property owner's designated representative to the Director of Planning and Zoning. The application shall be accompanied by a site plan prepared in accordance with the requirements of this Ordinance for Site Plan Review.
a. Subdivision approval: If the proposed use requires a division of land, an application for subdivision approval shall be submitted in conjunction either with the application for a conditional use permit or include the subdivision request in the ordinance for conditional use approval. Approval of the conditional use permit shall not become effective until final approval of the subdivision application provided, that if the land is to be divided in phases, the approval of the conditional use permit shall take effect upon final approval of the phase of the subdivision containing the property on which the conditional use is to be located.
(5) Procedures for Conditional Use Permits:
a. Planning and Zoning Commission Recommendation: Upon receipt of the report from the Director of Planning, the Planning and Zoning Commission shall conduct a public hearing in order to formulate its recommendations to the City Council on the conditional use permit application. Following the public hearing, the Commission shall recommend approval, approval subject to modification, or denial of the proposal to the City Council in accordance with these regulations. If the appropriateness of the use cannot be assured at the location, the Commission shall recommend denial of the application as being incompatible with existing uses or uses permitted by right in the district and any other areas that would be materially affected by the use.
b. City Council Action: The City Council shall be the final decision-maker on applications for conditional use permits. Following a public hearing and in consideration of the Planning and Zoning Commission's recommendations, the City Council shall approve, modify, or deny the proposal for a conditional use permit in accordance with these regulations. If the
City of Kenner VI-78 Article VI Unified Development Code Zoning appropriateness of the use cannot be assured at the location, and in areas of the City reasonably anticipated to be affected by the use, the application for a conditional use permit shall be denied as being incompatible with existing uses or uses permitted by right in the district and in other significantly affected areas.
(6) Standards and Review Criteria: When considering applications for a conditional use permit, the Planning and Zoning Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the site plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and the City Council shall specifically consider the following factors:
a. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations, the regulations of other districts which are reasonably anticipated to be significantly affected by the use, and any other plan, program, map or ordinance adopted, or under consideration pursuant to official notice, by the City of Kenner;
b. The proposed use meets all standards specifically applicable to the use.
c. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development- related adverse impacts, including but not limited to:
i. Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of emergency;
ii. Off-street parking and loading areas;
iii. Refuse and service areas;
iv. Utilities with reference to location, availability, and compatibility;
v. Landscaping, screening and buffering, features to minimize visual impacts, and/or setbacks from adjacent uses;
City of Kenner VI-79 Article VI Unified Development Code Zoning vi. Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
vii. Required yards and open space;
viii. Height and bulk of structures;
ix. Hours of operation; and
x. Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.
d. The proposed use is not materially detrimental to the public health, safety, convenience, and welfare, and will not result in material damage or prejudice to other property in the vicinity.
e. The proposed use at the proposed location shall not be designed, constructed or operated in a manner as to so dominate the immediate vicinity to the extent that the use would be incompatible with or injurious to the use and enjoyment of neighboring property, or otherwise would significantly diminish or impair property values within the vicinity. In determining whether the proposed conditional use would so dominate the immediate vicinity, consideration shall be given to:
i. The location, nature and height of buildings, structures, walls and fences on the site;
ii. The nature and extent of screening to be employed on the site.
f. The benefits to be derived by the City of Kenner from the proposed use at the proposed location outweigh the loss of, or damage to, any homes, businesses, natural resources, public revenue, historic or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historic features of significance, and outweigh the personal and economic costs of any disruption to the lives, businesses and property of individuals affected by the proposed use.
g. Adequate nuisance prevention or control measures have been or shall be implemented and maintained to prevent or appropriately mitigate
City of Kenner VI-80 Article VI Unified Development Code Zoning offensive odors, fumes, smoke, air pollution, dust, noise, vibration, visual blight, liquid or solid wastes, biohazards, heat, glare, storm and/or floodwater runoff and other adverse effects associated with the proposed use at the proposed location.
h. The proposed use at the proposed location is consistent with prior plans, Pattern for Progress comprehensive plan, master plans and projections of the applicant, if any, upon which the City of Kenner has based planning or zoning decisions or, where inconsistencies exist, any such inconsistency is outweighed by the benefits to the community associated with the proposed use.
i. The proposed conditional use will comply with any additional standards imposed on it by an ordinance authorizing such use.
j. The proposed conditional use will minimize disruption to existing neighborhoods, will minimize the adverse impact on existing community services, and will complement in the least intrusive manner possible the needs of the City, region and the state, and
k. All reasonable alternative sites and all reasonable means for meeting the projected need or demand for the proposed building, structure, development, use or activity which may be less costly or less intrusive to existing communities have been considered and rejected by the applicant for clearly disclosed reasons, and that all reasonable means for minimizing adverse impacts of the proposed use have been considered and incorporated into the proposal.
(7) Conditions and Approval: In approving the application, the Planning and Zoning Commission may recommend and the City Council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section, in accordance with the procedures in these regulations.
a. Any conditions imposed shall be set forth in the ordinance approving the conditional use and shall be incorporated into or noted on the site plan for final approval.
b. The Director of Planning or his/her agent shall verify that the plan incorporates all conditions set forth in the ordinance authorizing the conditional use, and shall sign the plan to indicate final approval.
City of Kenner VI-81 Article VI Unified Development Code Zoning c. The applicant shall have the signed site plan recorded in the public property records of Jefferson Parish no later than thirty (30) days following the date of final approval, or the ordinance approving the conditional use shall be deemed null.
d. The department of planning and zoning shall maintain a record of such approved conditional uses and the site plans and conditions attached thereto, and forward copies thereof to the Department of Inspections and Code Enforcement.
e. Record and notification of conditions. The Director of Planning shall include a copy of the conditions attached to approval of the special ordinance with the record of the decision filed with the clerk of the City Council. The applicant shall be notified of any conditions imposed on the application in the manner provided in this ordinance.
(8) Prohibition on waivers and variances: The foregoing standards of development shall not be subject to waivers or variances that otherwise could be granted under the provision in this ordinance for the Board of Zoning Adjustments, nor may conditions imposed by the City Council subsequently be waived or varied by the board. In conformity with the authority of the City Council to authorize conditional uses, the Council may waive or modify specific standards otherwise made applicable to the use by this ordinance, to secure the general objectives of this section, provided, however, that the Council shall not waive or modify any approval factor set forth in subsection (1) of this section.
(9) Expiration and Extension:
a. Application for Permit: Upon approval by the City Council, a building permit to initiate new construction shall be applied for within six (6) months from the date of the adoption of the conditional use ordinance; otherwise, the approved conditional ordinance shall be null and void.
b. Termination for Failure to Commence Development: If substantial construction has not commenced within twelve (12) months from the date of permit, the permit shall be terminated for a failure to commence development. The Director of Inspections & Code Enforcement shall determine if the amount of construction is determined to be substantial.
c. Extension Procedures: Unless otherwise prohibited by law or this ordinance, the Director of planning may extend the time for expiration of an approved conditional use permit, for a period not to exceed six (6) months upon a showing of good cause by the applicant, if request for
City of Kenner VI-82 Article VI Unified Development Code Zoning extension is made in writing within the original period of validity. An extension for a period in excess of six (6) months shall be granted only by the City Council, but not for a period to exceed six (6) additional months. A determination by the City Council on whether to extend such approval shall be made in accordance with procedures set forth in this ordinance for the original approval for which extension is requested.
(10) Amendment to an Approved Conditional Use Permit:
a. No proposed or existing building, premise, or land use authorized as a conditional use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the conditional use permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this section, and the conditional use permit and approved site plan are amended accordingly.
b. Administrative Approval to Site Plan Changes - In order to provide a more practical, reasonable and expeditious method of correction errors, omissions, oversights, or for making changes, alterations or adjustments to approved applications, the Director of Planning and Zoning or the City Council, as the case may be, may make the following types of amendments to site plans for approved conditional use permits upon written request by the property owner holding the approved application:
i. The Director of Planning and Zoning may approve minor revisions to the terms of approval of any application, when the Planning and Zoning Commission or the City Council is not considering such matter for amendment or revision. Minor revisions that may be authorized are those that appear necessary in light of technical considerations.
ii. Additionally, the Director of Planning, upon recommendation of the Department of Public Works or Department of Inspections and Code Enforcement and Inspections, where applicable, may approve the following amendments or revisions:
(1) Increases, decreases, or rearrangements of off-street parking spaces in any section or sections or in the overall plan provided the off-street parking requirements of the district in which the development is located are complied with.
(2) Increases or decreases of the ground floor area or total floor area of structures in any section or sections provided that the total
City of Kenner VI-83 Article VI Unified Development Code Zoning requirements of the district in which the development is located are met.
(3) Increases or decreases of the height of any individual structure provided that any proposed increase does not exceed by more than twenty (20) percent the approved height of said individual structure, and provided further that no increase in height greater than eight (8) feet shall be allowed by the Director of Planning.
(4) A rearrangement of streets or driveways, where such is found to be consistent with previous approvals, improves traffic circulation or otherwise improves the plan.
c. City Council Approval to Site Plan Changes: The City Council may approve the following major amendments or revisions:
iii. Increases or decreases in the number of structures or dwelling units permitted in any sections provided the total number of such units of the approved overall plan is not increased.
iv. Increases or decreases of the height of any individual structure beyond an eight (8) foot increase provided that any proposed increase does not exceed by more than twenty (20) percent the approved height of any individual structure.
v. Shifts or adjustments in the location of buildings or structures when such would improve the overall plan.
vi. Such additional changes, adjustments, or alterations to elements of the site plan, such as walks, pools, fencing, signs, lighting, landscaping, or other elements, as may be necessary or desirable to improve the quality of the approved plan or to provide for consistency with such other changes as may be authorized under this section.
d. The applicant shall attach to his written application a map or maps, which will delineate any corrections or changes, requested, and any other pertinent data proper for the understanding of the matter, in sufficient numbers for all departments or agencies reviewing the request.
e. After receiving the recommendations of all required agencies and departments, the Director of Planning and Zoning, upon determination that such amendment or revision is not inconsistent with the original approval
City of Kenner VI-84 Article VI Unified Development Code Zoning and will not adversely affect the remaining parts of the proposal and adjoining and abutting property, may approve or recommend for approval, to the City Council for such change.
f. If approved by the Director of Planning and Zoning, or the City Council, as the case may be, a revised plan indicating the corrections, changes, alterations or adjustments shall be filed with the Director, the clerk of the City Council, and the Department of Inspections and Code Enforcement, and recorded in the public property records of the clerk of court of Jefferson Parish no later than thirty (30) days following date of approval of the plans as evidenced by their stamped approval by the Director, or said approval shall be deemed null.
g. If the holder of an approved application wishes to make a revision to the approval other than that authorized in section ten (10), approval is required of the original final decision-maker in accordance with the procedures established for the original approval of the application.
(11) Appeals: Within fifteen (15) calendar days of a final decision of the City Council, any person aggrieved by the decision of the City Council may appeal that decision to the 24th Judicial District Court for the Parish of Jefferson. An appeal of a final decision of the City Council shall not affect a stay of such decision, unless specifically authorized by the City Council or ordered by the court.
(h) Amendments to Zoning Ordinance:
(1) Purpose: The purpose of this section is to establish the rules and procedures for amending the City of Kenner’s Unified Development Code (UDC) and Official Zoning Map.
(2) Types of Amendments or Changes: The City of Kenner’s Unified Development Code (UDC) consists of two parts: the written document containing zoning regulations and procedures as well as other parts of the text of the UDC and the “Official Zoning Map of the City of Kenner.”
a. Text Change or Amendment – is a revision to a zoning regulation or a specific Article or section of the text of the UDC.
b. Map Change or Amendment – also known as a rezoning, is an amendment that changes the particular zoning district designation of a specific piece of property or properties.
City of Kenner VI-85 Article VI Unified Development Code Zoning (3) Initiation of Change: The City Council may from time to time, amend, supplement, or change the regulations, restrictions, or boundaries herein or subsequently established. Such amendments may be initiated:
a. By action of the City Council by introduction of an ordinance or by adoption of a motion; or,
b. On petition by property owners, by filing with the City Council through the City of Kenner Planning and Zoning Commission, a petition in writing which conforms with the standards and requirements of the City Planning and Zoning Commission, provided that such petition is duly signed and acknowledged by the owners or authorized agents of not less than seventy- five (75) per cent of the area of the land in which a change of classification is requested.
c. Where property is jointly owned, all co-owners of the property, or their authorized agents, must sign the application for the property to be included in the seventy-five percent (75%) area requirements.
(4) Procedure: No text or map amendment shall become effective until:
a. Neighborhood Early Notice Conference has been held by the applicant, as per Section 6.01 (c) of this ordinance.
b. Submittal of Application - All applications must be filed with the Director of the City of Kenner Planning Department in accordance with the requirements of this Ordinance and reviewed for completeness by the Director.
c. Rezoning or text amendments initiated by the City Council require a complete application, but are exempt from fees.
d. There shall have been a public hearing held in relation thereto before the City of Kenner Planning and Zoning Commission, at which time interested citizens and parties shall have had an opportunity to be fully heard. Notice of the proposed change shall comply with public notice requirements in Section 6.02.
e. After the public hearing as provided above, the City of Kenner Planning and Zoning Commission shall have submitted the zoning report and recommendation upon the proposal or proposed change to the City
City of Kenner VI-86 Article VI Unified Development Code Zoning Council. The report shall be filed with the City Council within thirty (30) days after the date of the public hearing.
f. A final yea and nay vote shall be taken on the proposal by the City Council within ninety (90) days from the receipt by the City Council of the report and recommendation of the City of Kenner Planning and Zoning Commission. If the Council fails to vote within this ninety (90) day period, the time for Council action on the proposal will have prescribed and the existing zoning is unchanged. The two (2) year limitation period as provided for in Section 9 of this Article shall be in effect from the prescription date.
g. The provisions of this section do not apply in cases where there is a proposal to enact an entire new ordinance to change the text as a whole, or to change all the official zoning maps of the City, or both, in which event the procedure set out in Revised Statutes, 33.4721 through 33.4730 (Act 240 of legislature of Louisiana, 1926) shall be followed.
(5) Approval Standards: The Planning and Zoning Commission recommendation and the City Council decision on any zoning text or map amendment are matters of legislative discretion. In making their recommendation and decision, the Planning and Zoning Commission and the City Council must consider the following standards:
a. The proposed amendment is compatible with the City of Kenner’s Comprehensive Plan and Future Land Use Map.
b. The proposed amendment is compatible with existing land use and zoning of nearby property.
c. The proposed amendment promotes the public health, safety, and welfare of the City.
d. The proposed map amendment is a more suitable zoning classification for the property than the current classification, and allows for feasibility of developing the property in question for one (1) or more of the uses permitted under the existing zoning classification.
e. The proposed amendment is compatible with the intent and general regulations of this Ordinance.
f. The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.
City of Kenner VI-87 Article VI Unified Development Code Zoning
g. The proposed amendment benefits the citizens of the City as a whole.
h. The proposed amendment provides a more workable way to achieve the intent and purposes of this ordinance and the Master Plan.
i. The proposed amendment does not create a significant number of nonconformities.
j. The proposed map amendment is compatible with the trend of development, if any, in the general area of the property in question.
k. Does not constitute a spot zone, as defined herein.
(6) Appeals: An aggrieved party may appeal a City Council decision on a zoning map or text amendment to Jefferson Parish Civil District Court within thirty (30) days following City Council action.
(7) Fees: Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the zoning ordinances, either text change or map change, shall deposit with the City clerk the following:
a. One hundred dollars ($100.00) for each text change not involving acreage.
b. Two hundred dollars ($200.00) for all land or portion thereof for which a change of classification or permitted use is proposed or recommended up to one acre and an additional fifty dollars ($50.00) per acre for all over one acre.
c. These fees are to cover the appropriate cost of this procedure, and under no condition shall such sum or any part thereof be refunded for failure of such changes to be adopted by the City Council. The maximum fee required for acreage or a portion thereof shall not exceed five thousand dollars ($5,000.00), for which a change of classification or permitted use is proposed or recommended, to cover the approximate cost of this procedure.
(8) Validity: If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall for any reason be held unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, which shall continue in full force and effect.
City of Kenner VI-88 Article VI Unified Development Code Zoning
(9) Two-year limitation: Whenever a petition is filed requesting or proposing a change in or amendment to the Unified Development Code, and said petition has been finally acted on by the City Council in accordance with the above-outlined procedure, then the City Council shall not consider any further petition requesting or proposing the same change or amendment for the same property within a period of two (2) calendar years from the date of the City Council's final action on said petition.
Section 6.04 Zoning Districts - General
(a) Purpose:
The zoning regulations and districts as herein set forth have been made in accordance with the City of Kenner comprehensive plan for the purpose of promoting the public health, safety, morals, conveniences, order, prosperity, resilience, and general welfare of the community.
(b) 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 in the incorporated area of the City of Kenner, Parish of Jefferson, Louisiana.
(c) Boundaries of Districts:
The boundaries of the various districts are identified on the "Official Zoning Map, City of Kenner, Parish of Jefferson, Louisiana." The official zoning map of Kenner shall be kept on file and maintained in the Department of Planning & Zoning for the City of Kenner. The official zoning map of Kenner is hereby made a part of this ordinance and shall form a part of this ordinance as if all the matter and information set forth thereon were fully described and copied herein.
(d) Interpretation of District Boundaries:
The following rules shall be used whenever any uncertainty exists as to boundaries of any district:
(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 such boundaries.
City of Kenner VI-89 Article VI Unified Development Code Zoning (2) In unsubdivided property or tracts, where a district boundary divides a lot, the location of such boundaries, unless indicated by dimensions, shall be determined by use of the scale appearing on such maps.
(3) In case any further uncertainty exists, the Director of planning shall determine the location of boundaries.
(4) Where boundaries are so indicated that they are approximately parallel to the centerline of streets or to the centerline of alleys or the centerline of highways, such boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated by dimension or scale shown on said maps.
(e) Regulations of Areas Under Water:
All areas within corporate limits of the City of Kenner, which are under water and not shown as included within any district, shall be subject to all the regulations of the district adjacent to the area under water. If the area under water adjoins two (2) or more districts, the boundaries of each district shall be construed to extend into the area under water in a straight line until they intersect.
(f) Classification of Annexed Territory:
All territory, which may be, hereafter, annexed to the City of Kenner, Louisiana, shall be automatically classified as temporary R-1 Single-Family Residential District until otherwise changed by ordinance after public hearings.
Section 6.05 Single-family Residential Districts (R-1, R-1A, RR-1)
(a) R-1 - Single-Family Residential District:
Purpose: This district shall provide for low-density residential development with relatively spacious open areas and to permit accessory uses and such nonresidential uses that are compatible with residential surroundings. The district is located to protect existing developments unique of this character.
(b) R-1A - Single-Family Residential District:
Purpose: This district shall provide for single-family development on medium-size lots, together with such accessory uses and nonresidential uses that are compatible with residential surroundings. The district is located to include developments of this unique character.
City of Kenner VI-90 Article VI Unified Development Code Zoning (c) RR-1 – Single-Family Residential District:
Purpose: This district shall provide for single-family residential development on smaller lots, together with such accessory uses and nonresidential uses that are compatible with residential surroundings. The district is located to include existing developments of this character and contains vacant land considered appropriate for such development in the future.
(d) Permitted Uses:
A building or land shall be used only for the following purposes:
(1) Dwelling, Single-family
(2) Churches, rectories, parish homes, temples and synagogues, or dwellings used for worship by organized religious sects as defined by the Internal Revenue Service, provided that such churches, temples, synagogues, etc., shall be located on a lot of at least twenty thousand (20,000) square feet in area; except in RR-1 zoned areas having only legally substandard lot sizes less than five thousand (5,000) square feet in area within one hundred fifty (150) feet of a church, temple, synagogue, etc., of such lot, the lot size for such church, temple, synagogue, etc., shall be at least fourteen thousand (14,000) square feet in area.
(3) Public Facilities
(4) Parks and Playgrounds
(5) Public or Private Schools having a curriculum the same as that ordinarily given in public schools, including kindergarten, provided elementary schools including kindergartens are located on a site having a minimum area of two (2) acres, and provided junior or senior high schools are located on a site having a minimum area of five (5) acres, and provided further that the following requirements shall be observed: Appropriate setbacks shall be provided for all structures (exclusive of play equipment) of not less than fifty (50) feet where the side yard line or rear yard line abuts a residential district and not less than twenty-five (25) feet from all lot lines abutting streets, canals, or open public spaces.
(6) Private gardens and nurseries for the propagation and cultivation of plants only when said plants, flowers, and produce are not offered for sale. (7) Home Occupation (subject to the supplementary regulations in Article XII)
(8) Monopoles/Antennas (subject to the supplementary regulations in Article XII)
City of Kenner VI-91 Article VI Unified Development Code Zoning (9) Accessory Use - Accessory buildings and uses, which are customarily incidental to any of the above uses when located on the same lot and not involved in the conduct of a business.
(e) Conditional Uses:
The following uses may be permitted but shall comply with the provisions and procedures of Section 6.03(g), Conditional Use Permits, of this ordinance:
(1) Day Care Center, adult or Day Care Center, child. Providing that:
a. Center is located on a site having a minimum area of one acre.
b. There shall be a building or structure within which a minimum of thirty-five (35) square feet per child (based on total enrollment) of useable, available play or instruction space shall be provided.
c. There shall be a minimum of seventy-five (75) square feet per child, (based on total enrollment) of useable available outdoor play or instruction area on the lot or property, providing that no portion of such play or instruction area shall be located within the required front yard of the lot or property.
d. Outdoor play or instruction area shall be enclosed by a fence no less than four (4) feet, nor more than six (6) feet in height.
e. Additionally, a wood, metal, or masonry fence shall be provided along any rear or side property line adjoining any residentially zoned property not used for a similar purpose. Any such fence shall be designed to be at least five (5) feet in height and eighty (80) percent or more opaque when viewed horizontally.
f. There shall be provided a minimum of three (3) off-street parking spaces, or one off-street parking space for each three hundred fifty (350) square feet of indoor play or instruction space, whichever is the greater.
g. Hard-surfaced paved area shall be provided off-street for buses and/or motor vehicles bringing and picking up children. This may be in the required front yard. That the regulatory department be empowered to enforce all provisions of state law R.S. 46:1401 as amended, which is made a part of this ordinance prior to issuance of a permit and thereafter. The Planning and Zoning Commission will hold public hearings per section 6.03 (f)(7)(d) and make recommendation to the City Council, and all property owners
City of Kenner VI-92 Article VI Unified Development Code Zoning within one hundred (100) feet fronting on both sides of the street of the premises affected shall be notified by certified mail calling the attention of the public hearing for this purpose.
(2) Club, Lodges, Fraternities, and Community Centers:
a. Clubs when approved by an ordinance by the City Council, when they are satisfied that granting approval will not seriously affect any adjoining property or the general welfare and further that the Planning and Zoning Commission hold a public hearing to make a recommendation to the City Council and that all property owners within one hundred (100) feet fronting on both sides of the street of such locations shall be notified by certified mail calling the attention of the public hearing for this purpose.
(3) Private recreational uses:
a. Private recreational uses such as tennis courts, swimming pools, golf courses, operated exclusively for private use of the occupants of the premises and not for commercial purposes.
b. Private recreational uses such as tennis courts, swimming pools, golf courses, and other similar activities operated exclusively for the use of private membership clubs or organizations and their guests and not for commercial purposes, when approved by an ordinance by the City Council, when they are satisfied that granting approval will not seriously affect any adjoining property or the general welfare and further that the Planning and Zoning Commission hold public hearings and make recommendations to the City Council and that all property owners within one hundred (100) feet fronting on both sides of the street of such locations shall be notified by certified mail calling the attention of the public hearing for this purpose.
c. No such use, structure or accessory use to be located closer than fifty (50) feet to any adjoining property line unless such property line fronts a public street or drainage canal with rights-of-way not less than twenty-five (25) feet, in which instance the required setback need not exceed twenty-five (25) feet.
d. That all such facilities must be located on a site having a minimum area of one acre.
City of Kenner VI-93 Article VI Unified Development Code Zoning (4) Camping and recreational equipment may be parked or stored on private property subject to the following conditions:
a. At no time shall such parked or stored camping and recreational equipment be occupied or used for living, sleeping, housekeeping purposes, storage or any other use other than that which the manufacturer primarily intended the usage for.
b. If said camping and recreational equipment is parked or stored longer than three (3) days, the owner thereof shall register the same with the office of regulatory inspections, 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.
c. 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. It shall not be parked in the required front yard area.
d. Notwithstanding the provisions of sub-paragraph c, camping and recreational equipment may be parked anywhere on the premises for loading or unloading purposes.
(f) Site Development Regulations:
(1) Maximum Height:
a. No building shall exceed thirty-five (35) feet in height.
b. Front Yard: There shall be a front yard having a depth of not less than twenty (20) feet. On through lots, the required front yard shall be provided on both streets.
c. Side Yard:
i. There shall be two (2) side yards having a combined width of not less than twenty (20) percent of the width of the lot; provided that in no case shall either side yard be less than five (5) feet and provided further that the combined width of two (2) side yards need not exceed twelve (12) feet.
City of Kenner VI-94 Article VI Unified Development Code Zoning ii. On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet unless otherwise provided herein.
d. Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided, however, that the depth of such rear yard shall not be less than fifteen (15) feet and need not exceed twenty-five (25) feet.
(2) Lot Area:
a. R-1: Every lot shall contain an area of not less than six thousand six hundred (6,600) square feet with a minimum width of sixty (60) feet and a minimum depth of one hundred (100) feet, unless otherwise provided herein.
b. R-1A: Every lot shall contain an area of not less than six thousand (6,000) square feet with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet, unless otherwise provided herein.
c. RR-1: Every lot shall contain an area of not less than five thousand (5,000) square feet with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet, unless otherwise provided herein.
(3) Off-Street Parking and Loading Requirements:
The off-street parking and loading requirements shall be as provided in Article VII, Off-street Parking & Loading Regulations, of this ordinance.
Section 6.06 Residential Planned Unit Development District (R1-P)
(a) Purpose:
This district shall provide controlled areas where development may occur different from existing development due to various physical conditions.
(b) Permitted uses:
A building or land shall be used for the following purposes:
City of Kenner VI-95 Article VI Unified Development Code Zoning (1) Any use which is permitted “as-of-right” in the R-1, Single-family, zoning district.
(2) Development, which relates to the physical condition of the area or provides an acceptable deviation from surrounding existing development, after a submittal of a planned unit development (PUD) per Section 6.03 (c) of this ordinance, has been approved by the City Council. There shall be no minimum requirement concerning the lot area of the property in question, as per Section 6.03 (d) of this ordinance, when submitting a planned unit development in this zoning district.
(3) Accessory signs as allowed in R-1, R-1A, and RR-1 Districts subject to the regulations in Article XI of this ordinance, or signs approved as part of a planned unit development.
(c) Height regulation:
No building or structure shall exceed the maximum height allowed by the R-1, Single-family, zoning district, unless action by the City Council approves said height as part of a planned unit development.
(d) Area regulations:
Any use allowed shall be governed by all area requirements of the district in which said proposal would normally be governed, or as approved by the City Council as part of a planned unit development.
(e) Off-street parking and loading requirements:
The off-street parking and loading requirements shall be as provided in Article VII, or as approved by the City Council as part of a planned unit development.
Section 6.07 Two-family Residential District (R-2)
(a) Purpose:
This district shall provide for two-family dwellings and to permit accessory uses and such nonresidential uses that are compatible with residential surroundings.
(b) Permitted Uses:
A building or land shall be used only for the following purposes:
(1) Any use permitted in the R-1,R-1A, and RR-1 zoning districts
City of Kenner VI-96 Article VI Unified Development Code Zoning (2) Two-family dwellings
(3) Townhouses (subject to supplemental regulation in Article XII, Section 12.07)
(4) Private recreational uses operated exclusively for private members and their guests and not for commercial purposes
(5) Places of worship – minimum 12,000 SF lot
(6) Accessory buildings and uses, which are customarily incidental to any of the above uses when located on the same lot and not involved in the conduct of a business.
(c) Conditional Uses:
The following uses may be permitted but shall comply with the provisions and procedures of Section 6.03, Procedures, and Approvals, (g) Conditional Use, of this ordinance.
(1) Day Care Center, adult
(2) Day Care Center, child: Childcare centers as listed herein at 6.05 (e)(1), with all provisions except minimum area of site shall be twelve thousand (12,000) square feet.
(3) Clubs, Lodges, Fraternities, and Community Centers
(4) Assisted Living Facility
(d) Site Development Regulations:
(1) Height Regulations: No building shall exceed thirty-five (35) feet unless otherwise provided herein.
(2) Front Yard:
a. There shall be a front yard having a depth of not less than twenty (20) feet.
b. On through lots, the required front yard shall be provided on both streets.
(3) Side Yard:
a. There shall be two (2) side yards, one (1) on each side of the building, having a combined width of not less than twenty (20) percent of the width of the lot, provided that in no case shall either side yard be less than five (5) feet
City of Kenner VI-97 Article VI Unified Development Code Zoning and provided further that the combined width on the two (2) side yards need not exceed fifteen (15) feet.
b. On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet.
(4) Rear Yard: There shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided, however, that the depth of such rear yard shall not be less than fifteen (15) feet and need not exceed twenty-five (25) feet.
(5) Lot Area:
a. Every lot area shall contain an area of not less than six thousand (6,000) square feet with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet, unless otherwise provided herein.
b. The minimum required lot area per family shall be three thousand (3,000) square feet unless otherwise provided herein.
(6) Off-Street Parking:
a. The off-street parking and loading requirements shall be as provided in Article VII – Off-Street Parking and Loading Regulations, of this ordinance.
b. All parking areas and/or drives, which abut a single-family residential district or a single-family dwelling, shall provide and maintain a six (6) foot high fence of solid wood, brick, or a combination thereof.
Section 6.08 Three-and Four-Family Residential District (R-3)
(a) Purpose:
This district is to provide areas of medium density residential uses normally located in areas near public and commercial services and between commercial and low-density residential areas. Accessory uses and such nonresidential uses that are compatible with residential surroundings shall also be permitted.
(b) Permitted uses:
A building or land shall be used only for the following purposes:
City of Kenner VI-98 Article VI Unified Development Code Zoning (1) Any use permitted in an R-2 District.
(2) Three- and four-family dwellings.
(3) Townhouses (subject to supplemental regulation in Article XII of this ordinance)
(4) Professional offices for lawyers, engineers, architects, accountants, real estate agents and insurance agents.
(5) Monopoles, aerials, antennas, masts, and communication equipment shelters subject to the requirements and restrictions found in Article 12.15 Telecommunications Towers.
(6) Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot and not involved in the conduct of a business.
(7) Accessory signs as permitted in R-1, R-1A and RR-1 Districts and nonilluminated accessory signs at professional offices not to exceed eight (8) square feet total. Accessory signs shall be limited in height to eight (8) feet above ground.
(c) Conditional Uses:
The following uses may be permitted but shall comply with the provisions and procedures of Section 6.03, Procedures, and Approvals, (g) Conditional Use Permits, of this ordinance.
(1) Hospice
(2) Assisted living
(3) Clubs, Lodges, Fraternities, and Community Centers
(d) Site Development Regulations:
(1) Height regulations: No building shall exceed thirty-five (35) feet in height unless otherwise provided herein.
(2) Area regulations:
a. Front yard: i. There shall be a front yard having a depth of not less than twenty (20) feet.
City of Kenner VI-99 Article VI Unified Development Code Zoning ii. On through lots, the required front yard shall be provided on both streets.
b. Side yard: i. There shall be two (2) side yards, one (1) on each side of the building, having a combined width of not less than twenty (20) percent of the width of the lot, provided that in no case shall either side yard be less than five (5) feet and provided further that the combined width of the two (2) side yards need not exceed fifteen (15) feet unless otherwise provided herein.
ii. On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet unless otherwise provided herein.
c. Rear yard: There shall be a rear yard having a depth of not less than twenty (20) percent of the lot, provided however, that the depth of such rear yard shall not be less than fifteen (15) feet and need not exceed twenty-five (25) feet.
(3) Lot area:
a. Every lot shall contain an area not less than that specified below with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet unless otherwise provided herein.
b. Lots occupied by three-family dwellings shall contain an area of not less than six thousand (6,000) square feet or not less than two thousand (2,000) square feet per unit unless otherwise provided herein.
c. Lots occupied by four-family dwellings shall contain an area of not less than seven thousand (7,000) square feet or not less than one thousand seven hundred fifty (1,750) square feet per unit unless otherwise provided herein.
(4) Off-street parking requirements:
a. The off-street parking requirements shall be as provided in Article VII.
b. All parking areas and/or drives, which abut a single-family residential district or a single-family residence, shall be separated with a six-foot-high fence of solid wood or masonry from the said single-family district or single-family residences, unless otherwise provided herein. Such fence shall be maintained.
City of Kenner VI-100 Article VI Unified Development Code Zoning
Section 6.09 Multi-Family Residential District (R-MF)
(a) Purpose:
To provide areas of medium density residential uses normally located in areas near public and commercial services and between commercial and low-density residential areas. Accessory uses and such nonresidential uses that are compatible with residential surroundings shall also be permitted.
(b) Permitted uses:
(1) Any use permitted in the R-2 Zoning District
(2) Three- and four-family dwellings
(3) Townhouses (subject to supplemental regulation in Article XII of this ordinance)
(4) Accessory buildings and uses, which are customarily incidental to any of the above uses when located on the same lot and not involved in the conduct of a business.
(c) Conditional Uses:
The following uses may be permitted but shall comply with the provisions and procedures of Section 6.03, Procedures, and Approvals, (g) Conditional Use Permits, of this ordinance.
(1) Day Care Center, adult
(2) Day Care Center, child
(3) Club, Lodges, Fraternities Community Center
(4) Hospice
(5) Assisted living
(d) Site Development Regulations:
(1) Height Regulations: No building shall exceed sixty (60) feet unless otherwise provided herein.
City of Kenner VI-101 Article VI Unified Development Code Zoning
(2) Front Yard:
a. There shall be a front yard having a depth of not less than twenty (20) feet.
b. On through lots the required front yard shall be provided on both streets.
(3) Side yard:
a. For buildings not exceeding thirty-five (35) feet in height, there shall be two (2) side yards, one (1) on each side of the building, having a combined width of not less than twenty (20) percent of the width of the lot, provided that in no case shall either side yard be less than five (5) feet and provided further that the combined width on the two (2) side yards need not exceed fifteen (15) feet.
b. For buildings exceeding thirty-five (35) feet in height, the width of each required side yard shall be increased by three (3) inches for each foot of building height in excess of thirty-five (35) feet.
c. On corner lots where the building is not in excess of thirty-five (35) feet in height, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet. Where the building exceeds thirty-five (35) feet in height, the street side yard shall be increased by three (3) inches for every one foot of vertical height over thirty-five (35) feet.
(4) Lot Area:
a. Lots occupied by single-family dwellings shall contain an area of not less than five thousand (5,000) square feet.
b. Lots occupied by two-family dwellings shall contain an area of not less than three thousand (3,000) square feet per family.
c. Lots occupied by three-family dwellings shall contain an area of not less than two thousand (2,000) square feet per family.
d. Lots occupied by four-family dwellings shall contain an area of not less than one thousand seven hundred fifty (1,750) square feet per family.
e. Lots occupied by five-family dwellings shall contain an area of not less than one thousand six hundred (1,600) square feet per family.
City of Kenner VI-102 Article VI Unified Development Code Zoning
f. Lots occupied by multiple-family dwellings shall contain an area as follows:
i. 6 through 12 apartments - 1,500 square feet per family
ii. Thirteen (13) through twenty (20) apartments - 1,400 square feet per family
iii. Twenty (20) or more apartments - 1,300 square feet per family
g. Minimum lot dimensions of fifty (50) feet width and one hundred (100) feet depth shall apply to items (a.) through (f.) above.
(5) Off-Street Parking:
a. The off-street parking and loading requirements shall be as provided in Article VII Off-Street Parking and Loading Regulations, of this ordinance.
b. All parking areas and/or drives, which abut a single-family residential district or a single-family residence, shall be separated with a six-foot-high fence of solid wood or masonry from the said single-family district or single- family residences, unless otherwise provided herein. Such fence shall be maintained.
Section 6.10 Commercial Districts (C-1, C-2)
(a) Neighborhood Commercial District (C-1):
(1) Purpose: The district shall provide retail shopping and personal service uses, either as a unit or in individual parcels, to serve the needs of a relatively small area, primarily nearby low-density residential neighborhoods. The district regulations are such as to encourage compatibility with the residential surroundings. It is not the intent of this district to provide for any residential uses.
(2) Permitted Uses:
a. Retail Goods Establishment b. Financial Institutions c. Personal Services Establishment d. Restaurant (except drive-thru and drive –in restaurants)
City of Kenner VI-103 Article VI Unified Development Code Zoning e. Day Care Center, Child - Childcare centers as listed in section 6.05 (e)(1) with all provisions except minimum area of site shall be twelve thousand (12,000) square feet. f. Clinics under five thousand (5,000) square feet g. Hospice h. Laundromats i. Dry cleaning establishments j. Monopoles, aerials, antennas, masts, and communication equipment shelters subject to the requirements and restrictions found in Article XII, Supplementary Use and Performance Standards. k. Semiprivate athletic clubs l. Veterinary clinic, small animal (no kennel) m. Business/Professional Offices n. Private and semiprivate clubs o. Trade Services Establishment p. Social Services q. Accessory buildings and uses customarily incidental to the above uses. Any building used primarily for any of the above permitted uses may use no more than twenty-five (25) percent of the floor area for storage purposes incidental to each operation.
(3) Conditional Uses in C-1:
a. Service Station/Convenience Store
b. Places of Worship:
i. Churches, temples, synagogues and other places of worship by organized religious sects which have a tax-exempt status granted by the United States Internal Revenue Service, provided such uses are located no less than three hundred (300) feet from any existing barroom, nightclub, liquor store, lounge, and exotic dance land use, as measured in a straight line from the nearest point of the property line of the place of worship to the nearest point of the property line of the adult licensed premises, and in accordance with Article VI, Section 6.03 (g) Conditional Use Permits.
City of Kenner VI-104 Article VI Unified Development Code Zoning
ii. Residential uses, private school, recreational development, and licensed adult care that are not normally associated with worship are prohibited. Where a place of worship and/or the adult licensed establishment are part of a multi-use development, the minimum distance requirement shall be a straight-line measurement from the nearest point of the main entrance of the place of worship to the nearest point of the main entrance of the adult licensed establishment.
iii. The minimum lot area when combined or incorporated in a building of mixed use shall be consistent with the minimum lot area of the C-1, Neighborhood Commercial District. The minimum lot area for freestanding places of worship shall be no less than ten thousand (10,000) square feet.
a. Existing nonconforming single-family dwelling, two-family dwelling, three- family dwelling, and four-family dwelling may be enlarged, expanded, or altered, provided the following criteria are met:
i. The property owner must verify written documentation that the residential structure existed prior to December 4, 1978, or a change in zoning classification occurred after the structure was constructed.
ii. The applicant shall submit a notarized affidavit indicating the property has not been vacant for more than six (6) months.
iii. The applicant shall submit records from utility companies indicating usage for the past twelve (12) months for all meters on the property.
a. Theater
b. Assisted Living
(2) Site Development Regulations:
a. Height: No building or structure shall exceed forty-five (45) feet in height unless otherwise provided herein.
b. Area Regulations:
i. Front yard:
City of Kenner VI-105 Article VI Unified Development Code Zoning 1) There shall be a front yard having a depth of twenty (20) feet providing, however, that where structures located within fifty (50) feet on both sides of the propose use have observed a front yard line of less than twenty (20) feet, then the proposed use may be located in line with the most rearward of the two (2) adjacent structures, but not less than ten (10) feet.
2) On through lots, the required front yard shall be provided on both streets.
ii. Side yard:
1) No side yard is required except on the side of a lot abutting a residential district, in which case there shall be a side yard of not less than five (5) feet. Where a side yard is provided but not required, such side yard shall not be less than three (3) feet.
2) On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet.
iii. Rear yard: A rear yard is not required except where a lot abuts a residential district, in which case there shall be a rear yard of not less than twenty (20) feet in depth. Where a rear yard is provided but not required, such rear yard shall not be less than three (3) feet in depth.
c. Lot area: Every lot shall contain an area of not less than five thousand (5,000) square feet with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet unless otherwise provided herein.
d. Off-Street Parking: The off-street parking and loading requirements shall be as provided in Article VII, Off-street Parking and Loading Regulations, of this ordinance.
(b) General Commercial (C-2):
(1) Purpose: This district shall provide for the retailing of goods and the furnishing of major services on a larger scale than the Neighborhood Commercial District. These districts are generally located along major streets and at the intersections of major streets and should expand in depth rather than strip-like extensions along major streets. It is not the intent of this district to provide for any residential uses.
City of Kenner VI-106 Article VI Unified Development Code Zoning
(2) Permitted Uses:
a. Any use permitted in a C-1 Neighborhood Commercial District
b. Reception Halls
c. Pool Halls
d. Recreation Facility, Commercial
e. Recreation Facility, Public
f. Automobile, motorcycle, boat and trailer sales, new, used, and rentals (see Article XII, Section 12.11 Special Regulations for Automobile Sales Establishments: New, Used, and Rental)
g. Bars, nightclubs, and similar establishments: Such uses shall be located a minimum of three hundred (300) feet from any residential zoned district, church, school, public library, nursery, day care center or recreational facilities as measured from the closest boundary line of the residential zoned district or the closest property line of the church, school, public library, nursery, day care center, recreational facility or premises licensed as a barroom, nightclub, liquor store, lounge or establishment offering or featuring exotic dancers or dancing
h. Check Cashing Establishment
i. Funeral homes, mortuaries and undertaking establishments
j. Gas Station Minimart
k. Gas Station, Limited-Service
l. Hospice
m. Hotels and motels
n. Veterinary clinic, small animal clinic (no open kennels are permitted on the premises).
o. Nurseries and garden centers
City of Kenner VI-107 Article VI Unified Development Code Zoning
p. Educational Facility, vocational
q. Theaters
r. Pet Day Care Center
s. Drive-Thru Establishments
t. Children’s Amusement Place
u. Tattoo Parlor
v. Bingo Halls, provided the following criteria are met to the satisfaction and approval of the head of the regulatory section of the public works department:
i. The bingo hall is not located within one thousand (1,000) feet of another bingo hall.
ii. The bingo hall will not have the propensity to downgrade the immediate neighborhood.
iii. The bingo hall will not produce any demonstrable noise.
iv. The bingo hall will not generate significant vehicular or pedestrian traffic.
v. The bingo hall is not in close proximity to any residential district more restrictive than RM.
vi. The bingo hall is not in contravention of any other regulations governing its location and operation.
w. Accessory buildings, such as warehouses and other uses customarily pertinent to the above uses when located on the same lot and provided that Articles or materials are not stored in an open area outside the buildings unless the area is enclosed within a solid fence of such height to adequately screen the area from public view.
City of Kenner VI-108 Article VI Unified Development Code Zoning (3) Conditional Uses:
a. Car Washes
b. Automobile Repair, Minor
c. Assisted Living
d. Places Of Worship
i. Churches, temples, synagogues and other places of worship by organized religious sects which have a tax-exempt status granted by the United States Internal Revenue Service, provided such uses are located no less than three hundred (300) feet from any existing barroom, nightclub, liquor store, lounge, and exotic dance land use, as measured in a straight line from the nearest point of the property line of the place of worship to the nearest point of the
ii. Residential uses, private school, recreational development, and licensed adult care that are not normally associated with worship are prohibited. Where a place of worship and/or the adult licensed establishment are part of a multi-use development the minimum distance requirement shall be a straight-line measurement from the nearest point of the main entrance of the place of worship to the nearest point of the main entrance of the adult licensed establishment. The minimum lot area when combined or incorporated in a building of mixed use shall be consistent with the minimum lot area of the C-2, General Commercial District. The minimum lot area for freestanding places of worship shall be no less than ten thousand (10,000) square feet.
e. Amusement places
f. Hospital (PUD process) may be permitted but shall comply with the provisions and procedures of Section 6.03 (f) of this ordinance.
g. Pawnshop:
i. Upon review and approval in accordance with 6.03 (g) Conditional Use Permits Procedures, subject to, but not limited to the following requirements:
City of Kenner VI-109 Article VI Unified Development Code Zoning ii. No pawnshop use may be located closer than three hundred (300) feet from any parcel used or zoned for residential use. In addition, no pawnshop use may be located closer than one thousand (1,000) feet from any other pawnshop use. Distances shall be calculated in a straight air-line measurement from the closest point of the lots upon which the structures are located without regard to intervening obstacles.
iii. In cases where an establishment occupies a multi-unit building, the distance separation criteria shall be measured from the main entrance of the use.
iv. A maximum of one (1) pawnshop is allowed within any single commercial center.
v. At least fifty (50) percent of the public space in the store shall be dedicated to the display of items for sale.
vi. No outdoor display, sales, or storage of any merchandise shall be permitted.
vii. Sale or display of firearms is prohibited.
h. Retail Goods Establishment: Stores or shops, except adult book/video stores, for the conduct of a retail business exceeding twenty-five thousand (25,000) square feet of floor area may be approved by the City Council when they are satisfied that such an increase will not impact the intent of the district. Such stores or shops conducting retail business may also conduct wholesale operations, provided that such wholesale operations do not constitute more than twenty- five (25) percent of their annual gross revenues.
I. Existing nonconforming single-family dwelling, two-family dwelling, three-family dwelling, and four-family dwelling may be enlarged, expanded, or altered, provided the following criteria are met:
i. The property owner must verify written documentation that the residential structure existed prior to December 4, 1978, or a change in zoning classification occurred after the structure was constructed.
ii. The applicant shall submit a notarized affidavit indicating the property has not been vacant for more than six (6) months.
City of Kenner VI-110 Article VI Unified Development Code Zoning iii. The applicant shall submit records from utility companies indicating usage for the past twelve (12) months for all meters on the property.
(4) Site Development Regulations:
a. Height: No building or structure shall exceed sixty-five (65) feet in height, except where structures abut a residential district or structure the height limitation shall be fifty (50) feet.
b. Area Regulations:
i. Front yard:
1) There shall be a front yard having a depth of twenty (20) feet providing, however, that where structures located within fifty (50) feet on both sides of the proposed use have observed a front yard line of less than twenty (20) feet, then the proposed use may be located in line with the most rearward of the two (2) adjacent structures, but not less than ten (10) feet.
2) On through lots the required front yard shall be provided on both streets.
ii. Side yard:
1) No side yard is required except on the side of a lot abutting a residential district or structure, in which case there shall be a side yard of not less than fifteen (15) feet; only ten (10) feet is required along any distance of the side yard property line behind which there is no main building and no property line facing the main building. Where a side yard is provided, but not required, such side yard shall not be less than three (3) feet.
2) On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet.
iii. Rear yard: A rear yard is not required except where a lot abuts a residential district or structure, in which case there shall be a rear yard of not less than thirty (30) feet in depth. Where a rear yard is provided but not required, such rear yard shall not be less than three (3) feet in depth.
City of Kenner VI-111 Article VI Unified Development Code Zoning c. Lot area: Every lot shall contain an area of not less than five thousand (5,000) square feet with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet, unless otherwise provided herein.
d. Off-Street Parking: The off-street parking and loading requirements shall be as provided in Article VII Off-Street Parking and Loading Regulations, of this ordinance.
Section 6.11 Industrial Districts (S-I, L-I, H-I, A-HI)
(a) Special Industrial District (S-I):
(1) Purpose: The district shall provide sufficient space in appropriate locations for certain types of business and manufacturing relatively free from offense, in modern landscaped buildings and to make available more attractive locations for these businesses and industries. This district provides a transition area between associated land uses. Residential uses are excluded, except for overnight facilities for watchman and/or caretaker employed on the premises.
(2) Special requirements - The uses permitted in this district shall be subject to the following special requirements:
a. All uses except horticultural nurseries shall be conducted within a completely enclosed building. Where storage is incidental to the approved occupancy of the building, all products and materials used or stored shall be in a completely enclosed building or enclosed by a solid wood or masonry wall, or screening fence, not less than six (6) feet in height. Storage of all materials and equipment shall not exceed the height of the wall.
b. Storage of cars and trucks used in connection with the permitted trade or business is permitted only within the walled or screened area but not including storage of heavy equipment, such as road building or excavating equipment used in the business permitted on the premises.
c. No storage of materials or products shall be permitted in the required front yard.
(3) Permitted Uses:
a. Any use permitted in the C-2, General Commercial Zoning District. These uses are not permitted in the more intense L-I and H-I districts.
City of Kenner VI-112 Article VI Unified Development Code Zoning b. Mini Storage
c. Catering and delicatessen business
d. Semiprivate athletic clubs
e. Automobile, motorcycle, boat and trailer sales, new and used, need not be enclosed and corresponding enclosed service and repair facilities, having no opening other than fixed windows within one hundred (100) feet of a residential district, 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, minimum six (6) feet high to adequately screen the area from public view, and provided further that all vehicles on a used car lot must be in operating condition at all times. Subject to the requirements and restrictions found in Article XII, Supplementary Uses and Regulations.
f. Monopoles, aerials, antennas, transmission towers, masts, and communication equipment shelters subject to the requirements and restrictions found in Article XII, Supplementary Use and Performance Standards.
g. Automotive Repair, Major, provided all repair operations, mechanical and body, are conducted in a building, having no openings other than fixed windows within one hundred (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, minimum six (6) feet high, to adequately screen the area from public view, including any type motor or motorcycle repair. Passenger vehicle and small service vehicles only. Truck repair for trucks over one ton is prohibited.
h. Garages, parking, shall be enclosed
i. Garages, storage, shall be enclosed
j. Nurseries and flower gardening
k. Bakery, wholesale or retail
City of Kenner VI-113 Article VI Unified Development Code Zoning l. Arena and auditorium
m. Contractors' office, shops, and storage yard. The office and shops must be in a completely enclosed building and any vehicles, Articles or materials, which are stored in an open area outside the building, must be enclosed within a solid wood or masonry fence of such height, six (6) feet minimum, to adequately screen the area from public view.
n. Wholesale houses and distributors
o. Warehouses
p. Broadcast Studio
q. Taxi cab company
r. Research and Development
s. Accessory uses and similar uses, accessory buildings and uses customarily pertinent to the above uses when located on the same lot and provided that Articles or materials are not stored in an open area outside the building, unless the area is enclosed with a solid fence of such height to adequately screen the area from public view.
(4) Conditional Uses: (In accordance with Article VI, Section 6.03 (g))
a. Bars
b. Stables, riding academies
c. Kennels
d. Cemeteries
e. Motion Picture/Production Studio
f. Indoor Gun Range
City of Kenner VI-114 Article VI Unified Development Code Zoning (5) Site Development Regulations:
a. Height Regulations - No building or structure shall exceed seventy-five (75) feet in height.
b. Area Regulations:
i. Front yard:
1) There shall be a front yard having a depth of twenty (20) feet providing, however, that where structures located within fifty (50) feet on both sides of the proposed use have observed a front yard line of less than twenty (20) feet, then the proposed use may be located in line with the most rearward of the two (2) adjacent structures, but not less than ten (10) feet.
2) On through lots the required front yard shall be provided on both streets.
ii. Side yard:
1) No side yard is required except on the side of a lot abutting a residential district, in which case there shall be a side yard of not less than ten (10) feet. Where a side yard is provided, but not required, such side yard shall not be less than three (3) feet.
2) On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet.
iii. Rear yard: A rear yard is not required except where a lot abuts a residential district in which case there shall be a rear yard of not less than twenty (20) feet in depth. Where a rear yard is provided but not required, such rear yard shall not be less than three (3) feet in depth.
c. Lot area: The lot area shall be a minimum of five thousand (5,000) square feet with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet.
(b) Light Industrial District (L-I)
(1) Purpose: The district shall provide for a wide variety of light manufacturing, fabricating, processing and other uses appropriately located near major streets or railroads for
City of Kenner VI-115 Article VI Unified Development Code Zoning access and to control operations of industrial uses under such conditions to make them compatible with nearby commercial or residential districts. Residential uses are excluded, except for overnight facilities for watchman and/or caretaker employed on the premises.
(2) Permitted Uses:
a. Any use permitted in a S-I Special Industrial District, with the exception of C-2 uses
b. Food processing, minor
c. Light Manufacturing
d. Building material yard (including lumber)
e. Fabrication and Assembly
f. Carpet cleaning
g. Cleaning and pressing plant
h. Monopoles, aerials, antennas, transmission towers, masts, and communication equipment shelters subject to the requirements and restrictions found in Article XII, Supplementary Use and Performance Standards
i. Produce warehouse
j. Sheet metal shop
k. Truck and truck trailer repair
l. Truck stop: A truck stop facility shall not be located within five hundred (500) feet of any residence, residential district, other truck stop, public playground, or a building used exclusively as a church, synagogue, public library, school, or any property listed on the National Historic Registry. The measurement of this distance shall be a straight line from the nearest point of the property line of the residence, residential district, other truck stop, and property on the National Historic Registry, public playground, church, synagogue, public library, or school.
City of Kenner VI-116 Article VI Unified Development Code Zoning m. Livery stables and riding academies
n. Motion picture studio
o. Sign fabrication and painting shop
p. Outdoor Storage Yards
q. Heavy Sales, Rental and Service
r. Cemeteries
s. Kennel
t. Accessory uses and similar uses, accessory buildings and uses customarily pertinent to the above uses when located on the same lot and provided that Articles or materials are not stored in an open area outside the building unless the area is enclosed with a solid fence of such height to adequately screen the area from public view.
(3) Conditional Uses: (In accordance with Article VI, Section 6.03 (g))
a. Adult Uses only when located a minimum of one thousand (1,000) feet from any residence, church, school, nursery, day care center, or recreational facility or other adult book/video store, or massage parlor, as measured from the closest property lines.
b. Ornamental iron fabrication, welding shop (enclosed and not over five thousand (5,000) square feet
(4) Site Development Regulations:
a. Height regulations: No building or structure shall exceed one hundred (100) feet in height.
b. Area regulations
i. Front yard:
1) There shall be a front yard having a depth of twenty (20) feet, providing however, that where structures located within fifty (50) feet on both sides of the proposed use have observed a front yard
City of Kenner VI-117 Article VI Unified Development Code Zoning line of less than twenty (20) feet, then the proposed use may be located in line with the most rearward of the two (2) adjacent structures.
2) On through lots, the required front yard shall be provided on both streets.
ii. Side yard:
1) A five (5) foot side yard is required except on the side of a lot abutting a residential district, in which case there shall be a side yard of not less than ten (10) feet. Where a side yard is provided, but not required, such side yard shall not be less than three (3) feet.
2) On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet.
iii. Rear yard: A ten (10) foot rear yard is required except where a lot abuts a residential district in which case there shall be a rear yard of not less than twenty (20) feet in depth. Where a rear yard is provided but not required, such rear yard shall not be less than three (3) feet in depth.
c. Lot area: The lot area shall be a minimum of five thousand (5,000) square feet with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet.
(c) Heavy Industrial District (H-I)
(1) Purpose: The district shall provide for industrial operations of all types except that certain potentially hazardous or obnoxious industries are prohibited. Residential uses are excluded, except for overnight facilities for watchman and/or caretaker employed on the premises.
(2) Permitted Uses:
a. Any use permitted in L-I Light Industrial District except for C-2 uses
b. Barge terminals
c. Manufacturing, heavy
City of Kenner VI-118 Article VI Unified Development Code Zoning
d. Blacksmith
e. Monopoles, aerials, antennas, transmission towers, masts, and communication equipment shelters subject to the requirements and restrictions found in Article XII, Supplementary Use and Performance Standards
f. Railway yards and other appurtenances
g. Welding shop
h. Wharf
(3) Conditional Uses: (In accordance with Article VI, Section 6.03 (g))
a. Adult Uses
b. Junk, wrecker and salvage yards—with minimum six (6) foot high wood or masonry fence to screen view of outdoor storage and work areas
c. Hazardous and Obnoxious Uses: In accordance with Article VIII of this ordinance.
(4) Site Development Regulations:
a. Height Regulations: No building or structure shall exceed one hundred (100) feet in height.
b. Area Regulations:
i. Front Yard:
1) There shall be a front yard having a depth of thirty (30) feet.
2) On through lots, the front yard shall be provided on both streets.
ii. Side Yard:
1) A five (5) foot side yard is required except on the side of a lot abutting a residence, commercial building, residential district, or commercial district, in which case there shall be a side yard of not
City of Kenner VI-119 Article VI Unified Development Code Zoning less than ten (10) feet. Where a side yard is provided, but not required, such side yard shall not be less than three (3) feet.
2) On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet.
iii. Rear Yard: A ten (10) foot rear yard is required except where a lot abuts a residence, commercial building, residential district, or commercial district, in which case there shall be a rear yard of not less than twenty (20) feet in depth. Where a rear yard is provided but not required, such rear yard shall not be less than three (3) feet in depth.
c. Lot Area:
i. The lot area shall be a minimum of five thousand (5,000) square feet with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet.
ii. Hazardous - Obnoxious Uses - The more restrictive area regulations outlined in Article VIII shall apply to hazardous obnoxious uses as listed therein.
d. Off-Street Parking and Loading Regulations: The off-street parking and loading requirements shall be as provided in Article VII of this ordinance.
(d) Airport Heavy Industrial District (A-HI):
(1) Purpose: This district shall provide for airports, airfields, airstrips, aviation-related facilities and compatible industrial operations of all types. The Council finds and declares that aviation-related uses and other uses compatible with such uses normally require compliance with certain conditions to ensure compatibility with other land uses in the district and in the City as a whole. Therefore, except as otherwise expressly stated, all uses in this district other than legal nonconforming uses are permitted only conditionally, as provided herein. Residential uses are expressly prohibited, except for airport hotel facilities and overnight facilities on the premises for employed public safety personnel, watchmen, and/or caretakers.
(2) Permitted and Conditional Uses: A building or land shall be used only for the following purposes:
a. Any use permitted in L-I Light Industrial District.
City of Kenner VI-120 Article VI Unified Development Code Zoning
b. The following uses can be permitted in the AH-I Aviation Heavy Industrial District if expressly approved by a conditional use ordinance, but are prohibited unless and until specifically authorized pursuant to such an ordinance of the Council of the City of Kenner adopted in accordance with Article VI, Section 6.03 (g) Conditional Use Permits. Any use appropriate to or constituting part of an airport and/or the following facilities and services when developed, maintained, and/or operated as components of an airport:
i. Airport terminals
ii. Restaurants, catering services, and/or other food service establishments
iii. Lounges, bars, and/or other beverage service establishments.
iv. Vehicle rental
v. Hotels
vi. Parking lots and garages
vii. Airport fences
viii. Interior airport roads
ix. Warehouses
x. Airport fire prevention, suppression, and training facilities
xi. Airport administration and security offices
xii. Taxiways, or any extension thereof
xiii. Airfields, or any extension thereof
xiv. Runways, or any extension thereof
xv. Aviation aprons, or any extension thereof
xvi. Airstrips, or any extension thereof
City of Kenner VI-121 Article VI Unified Development Code Zoning xvii. Rail terminals
xviii. Connections or intersections of the exits and/or entrances of garages and/or parking lots and/or of airport interior roads with City roads, streets, and/or other City public ways
xix. Tramways
xx. Intermodal transportation facilities
xxi. Air cargo facilities
xxii. Hangars
xxiii. Heliports
xxiv. Helistops
xxv. Aviation services
xxvi. Railroads, railway yards and other related appurtenances
xxvii. Fuel gas storage, if the use is developed in accordance with, and complies fully with, Article VIII of this ordinance regarding Hazardous and Obnoxious Uses
xxviii. Fuel gas distribution stations, if the use is developed in accordance with, and complies fully with, Article VIII of this ordinance regarding Hazardous and Obnoxious Uses xxix. Gasoline storage and distribution, if the use is developed in accordance with, and complies fully with, Article VIII of this ordinance regarding Hazardous and Obnoxious Uses
xxx. Any utilities, roadways, lighting, signage, drainage and/or fuel facilities intended to or designed to serve or be an accessory to any other new use listed or described in Article VIII of this ordinance
xxxi. Electrical power plants, light and power substations, and other public utilities, drainage, sewage, waterworks, sewerage treatment plants and similar facilities
City of Kenner VI-122 Article VI Unified Development Code Zoning xxxii. Use, or designation or preparation for use, of any area of an airport for emergency purposes that may have the potential to affect the health, welfare, and safety of persons inside and/or outside the perimeter of an airport. Red label chemicals and products as defined by O.S.H.A. production and storage, if the use is developed in accordance with, and complies fully with Article VIII regarding Hazardous and Obnoxious Uses
xxxiii. Any other similar use which would be objectionable or obnoxious because of danger from radiation and/or explosion or because of the emission or creation of smoke, dust, fumes, odors, gas, noise vibration or similar conditions, if the use is developed in accordance with, and complies fully with Article VIII regarding Hazardous and Obnoxious Uses
xxxiv. Any other use which may by ordinance be specially authorized as a hazardous and obnoxious use in an H-I Heavy Industrial District, provided that such hazardous and obnoxious use may be authorized as a conditional use only if it meets the criteria set forth in Article VIII of this ordinance
xxxv. Metal works and machine shops
xxxvi. Cold storage warehouses
xxxvii. Pumping stations
xxxviii. Relay stations
xxxix. Produce warehouses and other warehouses if their use is related to air transportation
xl. Welding shops
xli. Major roadway construction
xlii. Any use which is permitted in an H-I Heavy Industrial District
(3) Site Development Regulations:
a. Height Regulations: No building or structure shall exceed one hundred (100) feet in height.
City of Kenner VI-123 Article VI Unified Development Code Zoning b. Area Regulations: Notwithstanding any other provision to the contrary, except as otherwise provided in this Article, no area regulations, no setback regulations, no yard regulations, no prohibitions on building more than one structure on a lot, and no prohibitions on building a structure on more than one lot shall apply to any land, parcel or lot in an AH-I Aviation Heavy Industrial District, except that on any lot or parcel of land in an AH-I Aviation Heavy Industrial District that fronts on and/or is bounded by any public way or that shares a boundary with property not located in an AH-I Aviation Heavy Industrial District, no structure shall be constructed, placed, or extended except in compliance with the setback requirements applicable in the H-I Heavy Industrial District. Notwithstanding the foregoing, the Council, within its sound discretion may, by ordinance approving a conditional use, require (a) greater setback than that required by the H-I District regulations, and/or (b) subdivision or resubdivision as a condition precedent to the effectiveness of a conditional use permit.
c. Signs: Shall be in accordance with Article XI – General Sign Regulations .
d. Public Safety Hazard as Basis for Permit: Notwithstanding any other provision of this ordinance to the contrary, construction, placement, expansion, modification, and/or establishment of a structure and/or use may be authorized by the Director of Code Enforcement and Inspections with the prior written approval of the Mayor of the City of Kenner, if an applicant for a permit proves to the reasonable satisfaction of said Director that said work and/or use is needed on an emergency basis to reduce or eliminate a "public safety hazard". As used in this section, a "public safety hazard", shall mean the existence of a condition or circumstances that are certified by the Federal Aviation Administration or by another federal or state regulatory agency acting in the area of its responsibility to constitute a condition or circumstances that pose a risk of loss of life and/or serious and substantial injury to persons and/or property. In order for such a condition and/or circumstances to constitute a "public safety hazard”, the risk presented must be so imminent that the harm may result before the adoption of a conditional use ordinance can be considered by the Council and/or before such an ordinance could become effective. Conditions which may under particular circumstances qualify as a "public safety hazard" include, but are not limited to, conditions related to the imminent risk of explosion, fire, hurricanes and/or other serious storms, war, riot, and/or hazard to aircraft that are using structures that are either duly-authorized by a conditional use ordinance or are authorized to be used under the law applicable to legal nonconforming uses. The provisions of this subsection shall not I apply to new construction, expansion and/or conversion of
City of Kenner VI-124 Article VI Unified Development Code Zoning runways, taxiways, or other facilities used for the landing, takeoff, or ground movement of aircraft.
e. Pre-Existing Structures: Notwithstanding any other provision of this ordinance to the contrary, nothing in this ordinance shall prevent, nor shall anything in this ordinance require obtaining the adoption of a conditional use ordinance as a prerequisite for, any changes of physical features and/or any changes of use within a structure that was in existence on the effective date of the ordinance by which this Article was adopted or that came into existence after that date pursuant to the authorization granted by a conditional use ordinance if, and only if, said work and/or use is established, developed, maintained and/or operated as a component part or accessory of a legal nonconforming use and/or of a duly-authorized conditional use and if, and only if, said work and/or use does not alter the footprint, increase the square footage, and/or increase the height of the structural elements of such a pre-existing structure.
f. Right of Access: Each and every conditional use ordinance adopted pursuant to the provisions of this Article shall be adopted and the conditional use authority thereby shall be granted subject to the condition supplied by operation of this subsection, that the property owner shall at all times ensure, subject to the reasonable privacy expectations of natural persons and/or artificial persons, that the Kenner police and fire departments and its other public safety officers and inspectors have the same right or privilege of access to any premises affected by such a conditional use ordinance, and to adjoining premises owned or operated by the same person or entity, public or private, as they normally have to other public and/or private premises in Kenner that are being put to uses permitted or conditionally permitted in a heavy industrial, commercial and/or AH-I district including, but not limited to hotels and other kinds of businesses. In particular, but without limitation of the generality of the foregoing provisions of this subsection, Kenner police, fire and safety personnel on a mission within the scope of their public duties shall upon request be granted access, subject to the reasonable privacy expectations hereinabove described, to all areas of the New Orleans International Airport that are either open to the public or restricted but controlled by a public body, including but not limited to the airfield, except that such access to areas of restricted access may be temporarily denied by the Director of aviation or his representative when, and only during a limited time when, such access would pose an unreasonable risk of harm to the Kenner police, fire and/or safety personnel and/or to others for reasons related to aviation operations.
City of Kenner VI-125 Article VI Unified Development Code Zoning
g. Supplementary Standards: In addition to complying with the regulations of this Article, all uses of property within me AH-I Aviation Heavy Industrial District shall comply with all applicable and enforceable FAA regulations. In the event of any conflict between the provisions of this ordinance and FAA regulations, the provisions of this ordinance shall prevail, except to the extent that federal law may require otherwise.
Section 6.12 Recreation District (RD)
(a) Purpose:
This district shall provide space and facilities for both active and passive recreational purposes for the citizens of Kenner and visitors. It is also to provide open space and undeveloped areas to preserve environmentally sensitive areas and for water management and drainage retention purposes.
(b) Permitted Uses:
No building shall be converted or erected for dwelling quarters; provided, however, dwelling quarters may be established in connection with any use permitted under this Article for watchmen and caretakers employed upon the premises. Any building or premises may be used for any other purpose not in conflict with any ordinance of the City of Kenner, Louisiana.
(1) Arenas and auditorium
(2) Baseball field
(3) Enclosed or open stadium
(4) Fairgrounds
(5) Football field
(6) Golf course
(7) Livery stable
(8) Marina
(9) Public Swimming pool
City of Kenner VI-126 Article VI Unified Development Code Zoning (10) Racetrack
(11) Mobile homes, trailers, campers, and any similar type of portable structure or vehicle is allowed in connection with a recreational use only during the season or specific event when said vehicle or structure is first registered with the office of regulatory inspections and proper connections to all utilities including sewerage have been inspected by applicable agencies. Upon completion of said event or season, all such vehicles or structures must be removed within ten (10) days thereof.
(12) Monopoles, aerials, antennas, transmission towers, masts, and communication equipment shelters subject to the requirements and restrictions found in Article XII, Supplementary Use and Performance Standards.
(13) Any accessory uses and buildings incidental to any of the above uses.
(c) Permitted Signs:
(1) Illuminated or nonilluminated identification signs or structures pertaining to the permitted uses in the district, maximum area at each major entrance of the area to be one hundred (100) square feet.
(2) Building identification signs not to exceed sixty-four (64) square feet and directional signs not to exceed twenty (20) square feet per building and per use.
(3) Score boards, maximum area to be one hundred fifty (150) square feet
(4) Signs in this district as listed above but larger in area and higher than thirty-five (35) feet above ground shall be approved by the City Council.
(d) Site Development Regulations:
(1) Height Regulations: No building shall exceed one hundred (100) feet in height, except that any building in a RD Recreational District which adjoins or abuts on a residential district, shall not exceed forty-five (45) feet in height unless it is set back from all lot lines one foot for each foot of additional height above forty-five (45) feet; and provided further than the height of buildings, structures, poles, towers, trees and other airport hazards located in airport runway approach zones, as shown on the zoning maps of Kenner, Louisiana, shall not exceed a height established by a line beginning at the end of the runway and in alignment with the runway and extending outward and upward at a
City of Kenner VI-127 Article VI Unified Development Code Zoning ratio of one foot vertical distance to forty (40) feet horizontal distance. In case of approaches to east-west runway, the ratio is 1:50.
(2) Area Regulations: Buildings hereafter constructed for uses permitted in this district shall be located so as to comply with the following minimum requirements:
a. Minimum required depth of front yard shall be thirty (30) feet.
b. Minimum required depth of rear yard shall be thirty (30) feet.
c. Minimum required depth of each side yard which fronts on a railroad siding or waterway shall be twenty (20) feet.
(3) Parking regulations: The parking regulations shall be as provided in Article VII - Off-Street Parking & Loading Regulations.
Section 6.13 Rivertown Historic District (RHD)
(a) Purpose and Intent:
To maintain and improve the urban environment and economic viability, while helping to preserve and control the physical historic appearance and quality of construction within the District.
(b) Boundaries of the Rivertown Historic District:
The following area of the City of Kenner is hereby designated as the "Rivertown Historical District", to-wit: Williams Boulevard extending from Airline Drive (North) to the Mississippi River (South), and the area bounded by Kenner Avenue (North), Mississippi River (South), Jackson Street (East), and Butler Street (West), as shown in Figure VI-1. The “Commercial Core” of the RHD, identified by the solid yellow boundary line in Figure VI-1, represents the largest concentration of nonresidential historic buildings in the District.
City of Kenner VI-128 Article VI Unified Development Code Zoning Figure VI-1: Rivertown Historic District
(c) Permitted Uses:
(1) Pursuant to Section 6.10 (a)(2) - C-1 Neighborhood Commercial District, uses ‘a’ through ‘q’; (2) Single-family Residential (3) Pursuant to Section 6.03.G, Conditional Use Permits a. Places of Worship b. Reception Halls c. Clubs, Lodges, & Social Centers d. Recreation Facility e. Nurseries and garden centers f. Pet Day Care Center g. Multi-family Residential Uses h. Mixed Use Developments
Previously used single-family detached dwellings may be retrofitted to accommodate neighborhood commercial permitted uses in the Rivertown Historic District provided the following criteria are met:
City of Kenner VI-129 Article VI Unified Development Code Zoning a. The proposed use complies with all applicable land use and zoning regulations; b. That the proposal use is harmonious with neighborhood commercial land use; c. No use shall be approved that will cause excessive noise, smoke, fumes, obnoxious odors, vibrations, traffic or other nuisances to the adjoining properties; d. That the commercial use not exceed twenty (20) per cent of the gross floor area; e. That only persons living on the premises operate such a commercial use.
New and existing buildings may incorporate a mixture of residential and commercial uses provided all applicable land use and zoning regulations are met. S-I, L-I, H-I, and AH-I industrial uses are prohibited.
(d) Height Regulations:
No building or structure shall exceed forty-five (45) feet in height.
(e) Area Regulations
(1) No area and setback regulations are required to be followed by buildings or structures located within the Commercial Core of the Rivertown Historic District.
(2) Buildings or structures located within the Rivertown Historic District but outside of the Commercial Core are required to follow the area and setback regulations of the district in which said buildings or structures are normally permitted or with the area and setback regulations approved by the City Council as part of a planned unit development unless otherwise provided in this ordinance.
(f) Intent of Rivertown Historic District Design Guidelines:
(1) The RHD design guidelines represent an effort to review the architectural style and substance, as well as the urban spatial impact of any new construction or renovation within the Rivertown Historic District.
(2) The implementation of the design guidelines will allow the Historic District Design Commission to make design, siting, and landscaping recommendations that must be met before the permitting process is initiated.
(3) While different zones, as identified in Figure VI-1, within the RHD accommodate different dominant uses, such as commercial development along Williams Blvd. and residential
City of Kenner VI-130 Article VI Unified Development Code Zoning development elsewhere, the Design Guidelines bring these areas together through a common approach to quality design while respecting any land use, zoning, and other City regulations which are already in place. Each existing or proposed development site will be considered on equal terms and with impartial judgment from the Historic District Design Commission.
(g) Historic Architecture of the Rivertown Historic District:
(1) Design Guidelines for the RHD are based on the architectural context and history of Rivertown, in addition to the existing urban design features that allow a “small-town” feel with the advantage of a number of amenities located in a small, walkable, downtown area.
(2) Historical models that exist within the district include the following architectural styles. The residential “Ranch” and “Bungalow” styles are not appropriate within the Commercial Core.
City of Kenner VI-131 Article VI Unified Development Code Zoning
(h) Scope of Rivertown Historic District Design Guidelines:
The design guidelines and review will encourage gateway recognition for the Rivertown Historic District, and will ensure and allow for renovation and development consistent with the noted and desired existing characteristics of the District.
(1) The established guidelines and review will:
a. Address the architectural style and urban impact of any new development or alterations to existing buildings within the jurisdiction of the Design Guidelines;
City of Kenner VI-132 Article VI Unified Development Code Zoning b. Address material choices and colors;
c. Consider the contextual urban and architectural environment of each project;
d. Address site features and signage;
e. Consider non-Design Guidelines regulations, such as parking requirements, in order to assist the property owner in moving through the permitting process.
(2) Guidelines and Review will not:
a. Advise regarding traffic issues, but will consider non-Design Guideline regulations as stated above;
b. Provide a blueprint for project design;
c. Provide comprehensive design services.
(i) Jurisdiction of Rivertown Historic District Design Guidelines:
The design guidelines shall be applicable to the areas of the RHD as described and shown in Section (b) and Figure VI-1. The “commercial core” area of the RHD is identified for which select guidelines herein are tailored to preserve the visual character of Kenner’s most historic section of the District.
(j) Application Submittal Process:
(1) Historic District Design Review:
Before the commencement of any work in the erection of any new building or in the alteration or addition to, or painting or repainting or demolishing of any existing building, any portion of which is to front on any public street or alley in the Rivertown Historic District, application by the owner or owner representative for a permit therefore shall be made to the Historic District Design Commission.
The purpose of historic district design review is not to add an additional step to the permit process, but to assist the designer within the design and documentation process. The review body, or its agent, will be available to the designer to answer questions related to the design guidelines and the permit process. The review body will not design the project (or portion of the project), but will assist the designer to work within the intent of the Design Guidelines, and to rule on circumstances which make total compliance impractical, either because of site considerations or user design criteria.
City of Kenner VI-133 Article VI Unified Development Code Zoning (2) Review Process:
a. Project applicant shall submit documentation seeking a permit from the City of Kenner.
i. For clarity of review, all proposals brought before the committee must fully represent the architectural character and urban space to be created. As such, the following drawings must be submitted:
1) Elevations of all sides of any proposed building, including color and material indications
2) Site plan, showing building access and interface with the public domain (sidewalk/street)
3) Landscaping plan, including existing and planned additions
4) Floor plan for each building level
5) Roof plan
b. Initial review by City of Kenner Planning Department
c. If submitted materials are satisfactory, they will be submitted to the Historic District Design Commission.
d. The Commission will be called to session to vote on the merits of the applicant’s project.
e. On the day of review with the applicant present, the Commission will vote to approve or provide guidance on changes necessary for Commission approval.
f. If changes are necessary, the applicant may return to the Commission for a second hearing.
g. Upon approval of the Historic District Design Commission, and if such application and plans are determined to conform also to all other regulations, ordinances and laws of the City, the Director of the Department of Inspections and Code Enforcement shall issue promptly a permit for such work and indicate on such permit the extent and nature of the work to be performed thereunder.
(k) Design Guidelines:
(1) Building Design Elements:
City of Kenner VI-134 Article VI Unified Development Code Zoning
a. Buildings should maintain classic proportions. Smaller columns should be placed closer together for a more vertical proportion, and as the structure becomes more horizontal in scale, the supports (columns) should have additional mass.
i. Fascias of buildings may not exceed sixteen inches (16”) in depth, including gutter; except for fascias used as a unifying design element for multi-tenant buildings, and for placement of signage for multi-tenants. No backlit fascias.
ii. Traditional fascia’s should remain minimal (8”-12”), if a gutter is not used.
b. Compatibility with the environment. Buildings shall exhibit the ability to provide protection from rain, sun, and high humidity.
Commercial: Traditional rigid Residential: Brackets support porch
awning provides cover from roof overhang; high ceilings and tall
weather and protection from the windows allow for the movement of
sun; additional windows above still air and light; shutters can protect from
allow natural light to enter the first weather and solar gain
floor area
c. Entrances: each principal building shall have a clearly defined, inviting, highly visible customer entrance enhanced with distinguishing features (e.g. canopies, galleries, porticos, material plane changes).
City of Kenner VI-135 Article VI Unified Development Code Zoning d. All façades of buildings visible to the public shall maintain the same standard of design as the front façade, including:
i. Screening of utilities, equipment, and building services
ii. Continuation of building design elements such as quality of materials, galleries, cornices, and treatment of openings.
e. Disruption of horizontal planes with vertical elements is required at least every 30 ft. of uninterrupted plane. This may include interruption by change in plane, material, opening, or more significant design element such as a tower or gable.
i. Shadows shall be considered as a design element.
ii. Smaller buildings shall reflect the design elements of historic styles, and larger buildings shall be divided into smaller elements in order to incorporate historic design context.
iii. It is incumbent on the designer to utilize historic context in the building design. Remember that the building should recognize the environment, and show respect for the surrounding area. For larger buildings, the most expedient way of achieving historic context is to break the façade into smaller elements, putting more emphasis on the entry with balancing sub-elements.
f. Disciplined visible structural vocabulary must be maintained. Arcades, galleries, and roofs shall not appear to levitate in space, but have a visible means of support with columns and/or brackets. No overhangs in excess of 3’ allowed without a visible means of support. Rafter tails are encouraged on smaller overhangs.
g. Consistent design vocabulary for multiple structures on one property will be employed. A unifying element such as material, color, or form should be used for all structures.
h. No building with an industrial appearance is allowed, such as a pre- engineered metal building with metal siding, devoid of historic context.
i. Mansard roofs shall have a roof-like slope not greater than 12:12 or less than 4:12.
City of Kenner VI-136 Article VI Unified Development Code Zoning j. Buildings should have substance; design shall include base, intermediate, and cap. Changes in materials shall have a clear line of demarcation, either by offset, reveal, or border.
(2) Materials: Materials shall be reviewed for compliance with historic context. The following materials have historic context:
a. Walls: Wood, Brick, Hardiboard Siding, and Cement Plaster (stucco). Outside of the “Commercial Core Zone,” Premium Vinyl may be used (virgin vinyl with no reground material, chalk, or other additives).
b. Roofing: Wood shakes, Slate/tile, Rigid Shingles with Ridge Tiles, Asphalt Shingles, Metal (Corrugated, V-crimp, and Standing Seam).
(3) Color: Colors shall be reviewed for compliance with historic context.
a. Façade colors shall be low reflective and subtle. The use of primary, high intensity or metallic color is prohibited outside of the sign face.
b. Any activity that involves changing color shall be reviewed by the Historic District Design Commission.
c. Accurate color samples coordinated with elevations of every building will be required to be submitted prior to any modification.
d. Though not ultimately limited to the colors below, applicants are encouraged to begin with the Sherwin Williams “Vieux Carré Exterior Colors” collection. The Sherwin Williams “American Heritage Collection” and Benjamin Moore’s “Historical Colors” offer more variety, and may be used, subject to the final approval of the Commission.
i. Vieux Carré Exterior Colors
City of Kenner VI-137 Article VI Unified Development Code Zoning
ii. Benjamin Moore’s Historic Colors: http://www.benjaminmoore.com/en-us/for-architects-and- designers/color-gallery#&ce_vm=2&ce_col=HC iii. Sherwin Williams’ American Heritage Collection: http://www.ci.spencer.nc.us/vertical/sites/%7BB85238E8-43CC-4172- AB03-A2E1A50D5927%7D/uploads/SherwinWilliams- AmericanHeritageCollectionBrochure.pdf
(4) Canopies:
a. Free (or semi-free) standing canopies, such as those used as porte- cocheres, shall be of similar style and materials as the building.
b. Unless site conditions preclude, canopies shall be attached to and made an integral part of the main building.
c. Canopies shall have columns, beams, and/or brackets of sufficient scale to give a visible means of support.
d. Clearance under canopies shall not exceed sixteen feet (16’), and cantilevered overhangs shall not exceed fifteen feet (15’) .
City of Kenner VI-138 Article VI Unified Development Code Zoning (5) Site Features:
a. Fence or hedge of not less than 30” or more than 48” in height along property lines of each public street is required in the Commercial Core, and encouraged elsewhere. Fence shall be wood picket, or wrought iron pickets with masonry columns.
i. The use of low fencing along the street lines helps define the public from the private, gives a scale to the sidewalks, and provides a screen for parking and services. The use of a hedge along the property line is acceptable in lieu of a fence.
b. Sidewalks of not less than four feet (4’) in width connecting sidewalks in public right-of-way to the building entry is required for commercial properties.
i. This requirement is necessary for alternative access. In the event that sidewalks or bike paths have not yet been installed, the project should still provide walks to their proposed locations.
c. Sidewalks along commercial façades that feature a customer entrance connect parking areas and minimize pedestrian traffic within vehicular drives and parking areas.
i. This requirement is consistent with the American with Disabilities Act, and may be required under the Life Safety Code, in certain conditions.
d. Distinguish internal pedestrian walkways from driving surfaces through the use of special materials in commercial parking lots.
i. This requirement is also consistent with the Americans with Disabilities Act. Care should be taken not to use heavy textures on walkways, which could prove hazardous with small wheels on strollers, and wheelchairs.
e. Screen mechanical equipment, electrical entries, dumpsters, and equipment from the public view. Screening may be by fence, landscaping, or building element, such as a parapet.
i. Whenever possible, vending machines, ice machines, and restrooms shall be located in the main building.
City of Kenner VI-139 Article VI Unified Development Code Zoning
f. Areas used for storage of vehicles or water-craft shall be screened with opaque fencing and/or landscaping.
(6) Signage:
a. General prohibition of miscellaneous signs: The display of signs of a miscellaneous character visible from the public streets, highways and alleys within the historic district of the City; except as otherwise provided in this section, and according to the rules and regulations herein provided for, is prohibited.
b. Signs to be displayed in certain places: No sign shall be displayed from the parapet or roofs of any building in the historical district.
c. Signs must conform to character of section: In addition to the prohibitions contained in this section, approval of the display of a sign in the historical district of the City shall be granted by the commission only when such signs and the plans therefor, so far as they relate to the appearance, color, size, position, method of attachment, texture of materials and design, conform to the quaint and distinctive character of the historical district or do not injuriously affect it or impair the value of the community of those buildings having architectural or historical worth.
d. What signs may advertise: No sign of any character shall be displayed in the historical district unless such sign advertises a bona fide business conducted in or on the premises and, if it does do so, not exceeding fifty (50) per cent of the area of such sign may be used to advertise products or commodities actually sold on the premises.
e. Signs no longer complying as to advertisements to be taken down: Any sign displayed which no longer advertises a bona fide business conducted upon the premises shall, upon notification by the Historic District Design Commission or its agent (who is hereby specifically authorized to so proceed) be taken down, removed or obliterated within five (5) days after such notification and failure to so comply on the part of the owner, occupant, agent or person having the beneficial use of any building or premises upon which such sign may be found shall subject such person to the penalty provided in section 6.13 (k)(12), General Penalty; Continuing Violations.
f. Only one sign per shop, etc .: One sign only shall be allowed to each store, shop, or bona fide place of business, and this sign shall be no larger than
City of Kenner VI-140 Article VI Unified Development Code Zoning the maximum stipulated in this Article, regardless of the amount of front footage.
g. Concealment of architectural features: No sign shall be displayed from any building, balcony, gallery, canopy, shed, roof, door, or window, or placed in any manner whatsoever to disfigure or conceal any architectural feature or detail of any building.
h. Surface area of signs: The surface area of any sign shall be in direct proportion to the amount of front footage of each ownership and shall be as follows:
i. For single-faced signs, attached flat against the wall and including painted wall signs there shall be allowed thirty (30) square inches of sign surface area to each foot of lot frontage.
ii. For double-faced signs, suspended by brackets or arms perpendicularly from the wall of a building there shall be allowed sixty (60) square inches of sign surface to each running foot of lot frontage. The area of such a double-faced sign shall be taken to mean the sum of the areas of each face.
iii. In no case shall the area of any one single-faced or painted wall sign exceed eight (8) square feet, the maximum allowable for such a sign.
iv. In no case shall the area of any one single-faced or painted wall sign be less than two (2) square feet, unless by special permission of the Historic District Design Commission.
v. In no case shall the area of any one double-faced sign exceed a total for both of sixteen (16) square feet, the maximum allowable size for such sign.
vi. In no case shall the area of any one double-faced sign be less than four (4) square feet unless by special permission of the Historic District Design Commission.
vii. In the case where two (2) or more businesses are conducted on the premises of single ownership having a front footage of twenty-five (25) feet or less, the allowable sign area shall be increased by one and one- half (1½) times.
i. Regulation of signs generally: In the case of illuminated signs, where space must be provided between two (2) parallel faces for the installation of
City of Kenner VI-141 Article VI Unified Development Code Zoning lighting fixtures, these faces shall not be farther apart than eighteen (18) inches and such lighting fixtures and all light sources shall be a steady light concealed; (a) behind standard opal glass or other substance of equal or small light transmission factor; (b) by hoods; or (c) by any acceptable method of indirect lighting approved by the Historic District Design Commission.
j. Building code applicable to signs: All signs under this section shall be further governed by the existing regulations of the building code of the City, which are not in conflict with this section.
k. Application for signs to be submitted to commission: All applications for permits to display signs within the historic district of the City shall be submitted to the building inspector for approval before a permit therefor may be issued in conformity with section 6.13 (j), Application Submittal Process.
l. Form of application to display signs and accompanying drawings: Application for a permit to display signs in the historical district of the City shall be made to the commission upon forms furnished by the commission. Such an application shall also be accompanied by sketches and drawings in triplicate showing details of construction and foundation when required by the building code of the City and shall delineate the size, shape, design, coloring, lighting and position in relation to the building from or upon which it shall be displayed.
m. Violating signs, etc. to be removed: Any sign or exterior illumination of walls, exteriors, roofs, or appurtenances of buildings displayed after the effective date of this section and contrary to the provisions of this section are prohibited.
(7) Private Floodlights Prohibited:
The public sidewalks, places and alleys, exteriors, roofs, outer walls and fences of buildings and other constructions and signs visible from any public street, place or position in the Kenner Historical District shall not be illuminated by privately-controlled floodlights or other illumination except as permitted by this Article.
(8) Overhang Balconies:
No overhanging balconies or galleries of wrought or cast iron may be removed, but other new or additional balconies may be erected if: (a) supported by brackets or iron columns; (b) at least nine (9) feet above the level of the sidewalk; and (c) conform to the quaint and distinctive architecture of the Kenner Historical District. The permits for all such new construction or any renovation shall be subject to the requirements of this Article.
City of Kenner VI-142 Article VI Unified Development Code Zoning
(9) Removal Of Sheds and Marquees:
There shall be no restrictions against the removal of sheds supported by wooden columns and such sheds, as well as any marquees, may not be repaired when in dangerous condition, but must be removed. However, any changes may be made only after first securing a written order or permit required by this Article and may be executed only in accordance therewith.
(10) Stopping Work Commenced Without Permit:
The Director of the Department of Inspections and Code Enforcement shall promptly stop any work attempted to be done without or contrary to a permit issued under this Article and shall promptly prosecute any person responsible for such a violation of this Article or engaged in such violation. Any officer or authorized agent of the commission shall exercise concurrent or independent powers with the building inspector in prosecuting violations of this Article and stopping work attempt to be done without or contrary to the permits required by this Article.
(11) Provisions of Article Prevail In Case of Conflict:
The provisions of this Article shall govern and take precedence over any other provisions of any ordinances or codes of the City of Kenner.
(12) General Penalty; Continuing Violations:
Whenever in this Article any act is prohibited or is made or declared to be unlawful or an offense or whenever in this Article the doing of any act is declared to be unlawful, when no specific penalty is provided therefor, the violation of any such provision of this Article shall be punished by a fine not exceeding one hundred dollars ($100.00) and by imprisonment for not more than ninety (90) days or both such fine and imprisonment. A provision for the revocation or refusal of a permit or other provision not imposing a fine or imprisonment shall not be deemed a provision for a specific penalty within the meaning of the foregoing sentence. Each day that any violation of any safety ordinance or regulation contained in this Article shall continue, shall constitute a separate offense.
Section 6.14 Laketown District (LD)
(a) Purpose and Intent:
To create an environment that promotes and enhances the public's use and enjoyment of Lake Pontchartrain and its shore in a way that preserves and/or recreates traditional lakeshore uses and provides an economic benefit to the City. It is the intent of this district designation to separate it from any other zoning classification and to locate uses, which allow and actually encourage accessibility to the water and accommodate a number of diverse uses as well as maintain and enhance the educational, cultural, and economic welfare of the public of the City.
City of Kenner VI-143 Article VI Unified Development Code Zoning
(b) Permitted Uses:
A building or land shall be used only for the following purposes:
(1) Marinas, public or private, providing open slips, boat houses, docks, warehouses, fuel docks, pump-out stations and/or related uses
(2) Boat sales
(3) Boat repair facilities and yards
(4) Boat storage, including dry storage sheds
(5) Restaurants except drive-in restaurants
(6) Bars, nightclubs, lounges, and liquor stores, without distance restrictions regarding other barrooms, nightclubs, and recreation facilities.
(7) Garages, parking
(8) Fuel docks
(9) Theaters
(10) Hotels
(11) Financial Institutions
(12) Personal services establishments (Barbershops, beauty parlors, etc.)
(13) Retail commercial; those exceeding 25,000 square feet of gross floor area shall require City Council approval as per section 6.03(f), Planned Unit Developments.
(14) Offices, professional and business
(15) Semi-private athletic clubs
(16) Parks, playgrounds and similar recreational uses
(17) Yacht clubs
City of Kenner VI-144 Article VI Unified Development Code Zoning
(18) Boat launches, public and private
(19) Multifamily dwellings, including condominiums
(c) Site Development Regulations:
(1) Height Requirements: No building or structure hereafter constructed shall exceed sixty- five (65) feet in height, unless otherwise approved by the City Council.
(2) Area Regulations: Buildings hereafter constructed for uses permitted in this district shall be located so as to comply with the following minimum requirements:
a. Lot Area - Every lot shall contain an area of not less than twenty thousand (20,000) square feet.
b. Lot Width - a minimum width of fifty (50) feet
c. Lot Depth - a minimum depth of one hundred (100) feet unless otherwise provided herewith
d. Where either a minimum lot depth or lot width is provided the other lot dimension must be of adequate size to produce a lot area of twenty thousand (20,000) square feet
(3) Yard and Setbacks:
a. Front Yard: Minimum shall be thirty (30) feet
b. Rear Yard: Minimum shall be thirty (30) feet
c. Side Yards: Minimum required depth of each side yard which fronts on a railroad siding or waterway shall be thirty (30) feet
(4) Off-Street Parking and Loading Requirements: As set forth in Article VII of this ordinance.
(5) Sign Requirements: As set forth in Article XI of this ordinance.
(6) Landscaping Requirements: As set forth in Article IX of this ordinance
City of Kenner VI-145 Article VI Unified Development Code Zoning
Section 6.15 Mixed Use District (MU)
(a) Purpose:
The provisions of this district shall establish and define the uses of land and the character of the improvements and structures allowed on the land in a manner that allows a balanced mix of uses in a pedestrian-friendly environment.
The following are key concepts that should be acknowledged through development practices within this district:
(1) Residential uses in conjunction with nonresidential activities, preferably located above retail and office establishments
(2) All types of residential uses, including single-family homes, townhouses, and loft-style multiple family units
(3) Central green spaces
(4) Traffic flows that enable people to move freely without the use of an automobile by emphasizing the pedestrian
(5) Outside spaces, such as small parks, courtyards, outdoor seating areas; and
(6) Building design standards to ensure aesthetic, functional and material quality
(b) Mixed-use development types:
The adopted plan shall identify the appropriate mixed-use type for the Mixed Use (MU) districts. These types may include the following:
(1) Live/work unit: A type of mixed-use development that combines work and living quarters in the same building that has been designed or structurally modified to accommodate joint residential occupancy and work activity by a single household. A live/work unit consists of the following:
a. Living/sleeping area, kitchen, and sanitary facilities in conformance with the local and state Building Code; and
City of Kenner VI-146 Article VI Unified Development Code Zoning b. Adequate working space accessible from the living area, reserved for, and regularly used by, one or more of the persons residing in the space.
(2) Commercial/residential unit: A type of vertical mixed-use development where nonresidential and residential uses are located in the same building and where the dwelling units are typically located on the upper levels and the nonresidential uses are located on the lower levels. Persons residing in the residential component do not necessarily work in or own any portion of the nonresidential component. This product type may also be designed so that nonresidential and residential uses are located adjacent to one another on the same or adjoining lots of the same development site and in separate buildings.
City of Kenner VI-147 Article VI Unified Development Code Zoning (c) Permitted Uses: Table VI-1: Permitted Uses
Uses Ground Level Above Ground Level References Residential Dwelling, Single-family Dwelling, Two-family Dwelling, Three Family P Dwelling, Four Family P Dwelling, Multi-Family P Apartment P P Townhouse P P Apartment Hotel P Boarding/Lodging House P Commercial Child Care Center P Live/Work Units P P Business/Professional Offices P P Medical Clinic or Office P P Retail Sales & Services 1 P C Temporary Outdoor Retail 2 Semi-Private Athletic Clubs P Institutional Library P Museum P House of Worship Park/Playground Theaters and Auditoria P Public or Private School P Garden or Nursery Club, Lodges, Fraternities P P Industrial Artisan Manufacturing C Accessory Home Occupation P Monopoles/Antennas C Community Garage 3 C C Recreational Facilities 3 C C 1 As permitted in C-1, Neighborhood Commercial P = Permitted Use 2 Not to exceed thirty (30) days per calendar year C = Conditional Use 3 Only as an accessory to multiple dwellings
City of Kenner VI-148 Article VI Unified Development Code Zoning (d) Lot size & Maximum Allowable Density and Intensity:
This district is intended to promote mix-use neighborhoods that provide a variety of residential, commercial, office, and recreational options. Within the Mixed Use district, there are no minimum lot size requirements.
Residential density and nonresidential intensity shall be calculated by multiplying the following density and intensity factors by the gross area of the Master Plan:
(1) Residential density shall not exceed 20 units per gross acre.
(2) Nonresidential intensity shall be not less than a floor area ratio of 0.5 and shall not exceed a floor area ratio of 1.5.
(3) For mixed-use developments, floor area ratio may not exceed 2.0.
(e) Maximum building height:
(1) No building, or part thereof, shall be erected or altered in the Mixed Use (MU) district such that it exceeds five (5) stories, including the ground level. Mezzanines and lofts shall be considered a story.
(2) Freestanding structures, such as monopoles and antennas shall have a maximum height of seventy-two (72) feet. Structures, which are within 150 feet of a single-family residential district boundary, shall have a maximum height of thirty-five (35) feet. Structures that are between 150 feet and 300 feet from a single-family residential district boundary shall have a maximum height of fifty-two (52) feet.
(f) Yard areas/building setbacks:
All required yard areas shall be clear of all structures and shall be landscaped and maintained in accordance with the landscaping provisions of Article IX Landscape Regulations of the UDC.
(1) Front Yard: Every building within the Mixed Use (MU) district shall have a minimum front setback of ten (10) feet and a maximum setback of twenty (20) feet from the property line adjacent to the public street right-of-way.
(2) Side yard: Every building within the Mixed Use (MU) district shall have a minimum side yard setback of ten (10) feet from adjacent property lines.
(3) Rear yard: Every building within the Mixed Use (MU) district shall have a minimum rear yard setback of ten (10) feet from the adjacent property line, provided however, a
City of Kenner VI-149 Article VI Unified Development Code Zoning minimum twenty (20) foot rear yard setback is required from the property line adjacent to a public street right-of-way.
(4) Adjacent to R-1, R-1A & RR-1, single-family zoned property. Every building within the MU district built on property adjacent to single-family zoned property shall have a minimum setback of one (1) foot in distance from the adjacent single-family zoned property line for every two (2) feet of building height.
(5) Adjacent to R-2, two-family zoned property. Every building within the MU district built on the property adjacent to a two-family zoned property shall have a minimum setback of one (1) foot in distance from the adjacent two-family zoned property line for every four (4) feet of building height.
(g) Open space and landscaping:
(1) Minimum open space: A minimum of ten (10) percent of the net area of the MIXED USE (MU) master plan shall be open space.
(2) Calculation of open space: The following shall be counted as open space:
a. Plazas b. Sidewalks that are a minimum of 6 feet wide c. Turf and landscape areas d. Fountains, benches, and similar landscape features e. Covered arcades f. Gazebos
(3) Landscaping of open space area: Open space shall be planted and maintained in accordance with Article IX, Landscape Regulations of the UDC.
(4) The Mixed Use (MU) district master plan shall contribute to the establishment or enhancement of community and public spaces by providing space(s) that include, but are not limited to the following: patio seating area, pedestrian plaza with benches, covered/shaded playground area, water feature, clock tower or similar focal feature or amenity. Any such area shall have direct access to the sidewalk network and be placed in a visible location that is convenient for use as a gathering area.
(5) Urban recreational experience:
a. At least 5 percent of the net area of the master plan shall be designed to provide both an active and passive family-friendly urban leisure and recreational experience, including, but not limited to: street furniture; shade; grass; informal seating and climbing opportunities such as stairs, fountains or planters that have capped sides that are not more than 2 feet
City of Kenner VI-150 Article VI Unified Development Code Zoning in height; sculptures that provide seating opportunities; plazas, interactive water features, drinking fountains, and changes in elevation.
b. At least 40 percent of the area described in paragraph ‘a.’ above, shall be provided in locations that are proximate to a primary street.
(h) Site design and performance standards:
(1) Limitation on retail floor area:
a. The maximum gross floor area for any individual retail establishment shall not exceed 15,000 square feet.
b. The three (3) individual retail establishments with the largest floor areas shall not have a combined gross floor area of more than 30,000 square feet, collectively.
(2) Limitation on ground floor residential area:
a. In the aggregate for the entire MU district, no more than 70 percent of the ground floor area shall be used for residential dwellings (including townhomes); and
b. Dwelling units shall not be located on the ground floor of mixed-use buildings.
(3) Townhomes:
a. Townhomes shall be designed and developed such that no more than two (2) adjacent townhomes are substantially alike in terms of façade, materials, color, or roof.
b. Townhomes shall be developed in groups of no less than three (3) and no more than eight (8) units that are attached by common walls.
(i) Design of Pedestrian, Bicycle, and Vehicular Facilities:
All designs regarding mobility within a MU district shall prioritize the safety of all users, with particular focus given to the more vulnerable users – pedestrians, disabled people, and cyclists – rather than speed of access. Safety is of the utmost priority and takes precedence over vehicular access.
(1) Design of pedestrian and bicycle connections: The following requirements shall be met:
City of Kenner VI-151 Article VI Unified Development Code Zoning a. Covered pedestrian access shall be provided between parking structures and the front of the principal adjacent buildings that they are intended to serve.
b. Sidewalks shall be provided alongside all public streets in order to maintain a safe and consistent pedestrian environment.
c. If there is insufficient right-of-way to accommodate the minimum sidewalk and buffer widths, new developments shall either dedicate public rights-of- way or provide easements for bicycles and pedestrians to the extent necessary to provide the required widths.
d. Pedestrian access points outside of the public rights-of-way to adjacent lots shall be provided to facilitate pedestrian circulation between developments.
e. All on-site pedestrian walkways located in vehicle use areas shall be distinguished from driving surfaces to enhance pedestrian safety and comfort.
(2) Design of structured parking:
Structured parking shall be designed and configured so that parking structures are not a material part of the physical character of the district, as follows:
a. Structured parking shall not have vehicular access points on any primary street within the MU district;
b. Structured parking should not be designed with more than one dead-end aisle; and
c. Structured parking shall be screened as follows:
i. Intervening buildings or "wraps" composed of permitted uses other than parking shall screen ground-level views of parking structures from primary streets within the MU district and from public streets outside of the MU district. In addition or in the alternative, permitted uses other than parking may be located in the ground level of parking structures to disguise their use as parking.
ii. Any sides of a parking structure that are exposed to secondary, residential, or service streets shall be designed so that use of the structure for parking is not obvious except at points of ingress and egress.
(3) Location and design of off-street surface parking lots:
City of Kenner VI-152 Article VI Unified Development Code Zoning a. Surface parking spaces shall be located to the rear and sides of buildings wherever feasible. No off-street surface parking lots shall be located between the front façade of any building(s) and the primary adjacent street.
b. Surface parking lots and maneuvering areas shall not be located between a primary building's entrance and an abutting minor arterial or collector street, except where the applicant has demonstrated that no other alternative is available.
c. Surface parking lots and maneuvering areas located to the side of a building cannot occupy more than 50 percent of a site's frontage onto a minor arterial or collector street.
d. Wherever possible, parking lots and maneuvering areas on corner lots should not be located adjacent to intersections.
e. Provide smaller, more dispersed surface parking lots instead of one large parking area.
(j) Building design standards:
(1) These building design standards are intended to:
a. Strengthen Kenner’s physical character and help buildings to better function in Kenner’s environment;
b. Create buildings with appropriate human scale;
c. Ensure that buildings contribute to the creation of a pedestrian-friendly environment through the provision of glazing, shading, and shelter at the pedestrian level;
d. Lessen the impact of branded architecture that does not speak to the City’s physical character and conditions; and
e. Increase the quality, adaptability, and sustainability in Kenner’s building stock.
(2) Glazing on building façades:
Glazing provides interest for the pedestrian, connects the building exterior and interior, puts eyes on the street, promotes reusability, and provides a human-scale element on building façades. Projects subject to this section shall meet the following minimum glazing requirements, but glazing shall not be limited to the areas discussed:
City of Kenner VI-153 Article VI Unified Development Code Zoning
a. On the façade facing the principal street:
i) At least 40 percent of the wall area that is between two and ten feet above grade shall consist of glazing (Figure VI-2); and
ii) The second floor must provide a minimum of 25 percent glazing between three and eight feet, as measured from that story’s finished floor level.
Figure VI:2 Facade Measurements
b. On all other publicly visible façades, at least 25 percent of the wall area between two and ten feet above grade must consist of glazing. This requirement shall not apply if the building code prohibits windows on such façades.
c. If a single-story building has a façade taller than 20 feet, the façade area above 15 feet is subject to the same window requirement as the second floor requirement in subsection ii.
d. Any façade that is built up to an interior mid-block property line is not required to have glazing on that façade if no prohibitions and no contractual or legal impediments exist that would prevent a building being constructed on the adjacent property up to the wall of the façade.
e. Metal clad siding is prohibited.
(3) Primary entrance design:
Primary entrance design shall consist of at least three of the following design elements at the primary entrance (none of which can be trademarked design features), so that the primary entrance is architecturally prominent and clearly visible from the abutting street:
City of Kenner VI-154 Article VI Unified Development Code Zoning
a) Architectural details such as arches, friezes, tile work, murals, or moldings.
b) Integral planters or wing walls that incorporate landscape or seating.
c) Enhanced exterior light fixtures such as wall sconces, light coves with concealed light sources, ground-mounted accent lights, or decorative pedestal lights.
d) Prominent three-dimensional features, such as belfries, chimneys, clock towers, domes, spires, steeples, towers, or turrets.
e) A repeating pattern of pilasters projecting from the façade wall by a minimum of eight inches or architectural or decorative columns.
(4) Roof design:
The roof design shall consist of at least one of the following design elements, none of which can be trademarked design features:
a. Parapets with horizontal tops having height changes of at least one foot occurring horizontally no less than every 100 feet.
ii) Parapets that do not have horizontal tops must have pitched or rounded tops with a pattern that repeats or varies no less than every 100 feet.
iii) All parapets must have detailing such as cornices, moldings, trim, or variations in brick coursing.
b. Sloping roofs with at least two of the following design elements:
i) Slope of at least 5:12.
ii) Two or more slope planes.
iii) Overhanging eaves extending at least three feet beyond the supporting wall.
(5) Sustainable roof:
A “sustainable roof” is roofing that has one of the following:
a. For a minimum of 75 percent of the total roof surface, a Solar Reflectance Index (SRI) of 78 or higher for a roof with a slope of 2:12 or less, or 29 or higher for a roof with a slope greater than 2:12; or
City of Kenner VI-155 Article VI Unified Development Code Zoning
b. For a minimum of 50 percent of the total roof surface, a vegetated roof;
c. For a minimum of 50 percent of the total roof surface, rainwater collection system or grey water system such as a cistern, for reuse of water or delayed release to help reduce pressure on the municipal storm water system; or
d. For a minimum of 75 percent of the total roof surface, a combination of a vegetated roof with rainwater collection system and SRI-compliant roof meeting the SRI standards in subsection ‘a.’ above.
Figure VI-3: Sustainable Roof
(k) Lighting standards:
(1) Submission of plans and evidence of compliance with Sec. 12.13, Exterior Lighting:
a. All site plan applications shall include a description of all lighting fixtures not affixed to buildings, both proposed and those that will remain on the site after completion of the project. For new fixtures, the description may include, but is not limited to, catalog cuts and illustrations by manufacturers (including sections where required), that demonstrate compliance with the standards of this subchapter. For lighting fixtures affixed to buildings, such information shall be provided as part of the building permit application.
b. Lighting fixtures not affixed to buildings shall not exceed a height of thirty (30) feet in height.
(2) Fully shielded and full cut-off light fixtures required:
City of Kenner VI-156 Article VI Unified Development Code Zoning The following outdoor lighting applications shall be illuminated by fixtures that are both fully- shielded and full cut-off:
a. Interior street system and pedestrian lighting;
b. Parking lots;
c. Pathways;
d. Recreational areas; and
e. Building overhangs and open canopies.
(3) Lighting of building façades:
Buildings and structures shall be illuminated by fixtures that are both fully shielded and full cut-off. Building façade lighting may only be used to highlight specific architectural features such as principal entrances and towers.
(4) Directional luminaries:
Directional luminaries may be used to illuminate signs and flagpoles. Such luminaries shall be installed and aimed so that they illuminate only the specific object or area and do not shine directly onto neighboring properties, roadways, or distribute excessive light skyward.
(5) Lamp or fixture substitution:
Should any outdoor light fixture or the type of light source therein be changed after site plan or building plan approval has been granted, a change request must be submitted to the Director of Planning for approval, together with adequate information to assure compliance with this subchapter, which must be received prior to substitution.
(l) Compatibility standards:
The following standards are intended to ensure compatibility of uses in the Traditional Neighborhood District.
(1) Restriction on activities: Commercial uses within a mixed-use development project containing residences shall be designed and operated, with hours of operation limited, so that residents are not exposed to offensive noise, including noise from traffic, trash collection, routine deliveries, or late night activity. Deliveries from heavy trucks at the project site between 8:00 p.m. and 6:00 a.m. should be expressly prohibited.
City of Kenner VI-157 Article VI Unified Development Code Zoning (2) Noise and ground borne vibrations: All residential and commercial development within the Mixed Use (MU) district is subject to the City's regulation of unnecessary noise in accordance with Section 7-166, Article IX of the Kenner Code of Ordinances. Residential uses should be oriented away from odor-generating structures and loading docks used by heavy trucks.
(3) Lighting: Outdoor lighting associated with commercial uses should not adversely impact adjacent residential uses, but should provide sufficient illumination for use, access, and security. Such lighting should not blink, flash, or oscillate.
(4) Windows: Residential building windows abutting commercial uses should not directly face windows of these adjacent properties unless privacy tinting, architectural elements, structures, landscaping, or other features provide adequate screening and privacy protection.
(5) Security: Residential units should be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the non- residential uses on the same site. Residential units should be directly accessible to parking areas. Non-residential and residential uses should not have common entrance hallways or common balconies. These separations should be shown on the development plan and the separations should be permanently maintained.
Section 6.16 Batture District (BD)
(d) Description:
This district is composed of lands that lie outside the protective levees between the crest of the Mississippi levee and the water level of the Mississippi River. Land uses permitted in this district are limited to temporary development consistent with traditional development in these areas and will be under conditions that will reduce the possibility of flooding due to abnormal high water in the Mississippi River.
(e) Permitted uses
(1) Barge mooring and holding facilities
(2) Boat houses and boat docks for recreational purposes
(3) Clubs, private or service
(4) Farming, including the usual farm buildings and structures, and animal raising, trapping and fishing
City of Kenner VI-158 Article VI Unified Development Code Zoning (5) Golf courses and golf practice ranges.
(6) Community centers and buildings used exclusively by the federal, state or local government for public purposes except correctional institutions or mental hospitals
(7) Nature or natural parks
(8) Private and public parks or 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) Public buildings and institutions of a religious eleemosynary, philanthropic, or similar natures
(11) Public and private forests, parks, parkways, wildlife reservations or similar conservation projects
(12) Government structures and land
(13) Public utility structures. See Article XII, Supplementary Use and Performance Standards .
(14) Riding stables and kennels when located on a tract of at least ten (10) acres and having no structure, pen, or corral housing animals closer than two hundred (200) feet to a property line.
(15) Accessory buildings and uses customarily incidental to any of the above uses.
(16) Boat or ship repair are not permitted unless such repair constitutes an emergency. There shall be no storage or overnight parking of any vehicles on the property.
(f) Site Development Regulations:
(1) Height regulations: No building shall exceed thirty-five (35) feet in height.
(2) Yard regulations: No front, side or rear yard is required
(3) Lot Area: No minimum lot area is required
City of Kenner VI-159 Article VI Unified Development Code Zoning
(g) Sign regulations:
(1) Number: One (1) on-premises sign shall be permitted.
(2) Sign area: The sign shall have a maximum area of twelve (12) square feet.
(3) Prohibited signs: The following signs shall be prohibited:
a. Flashing signs and signs with animated and scintillating lights.
b. Electronic variable message signs.
c. Off-premises signs.
(h) Off-street parking Requirements:
Shall be provided as set forth in Article VII, Off-Street Parking & Loading Regulations .
City of Kenner VI-160 Article VI Unified Development Code Zoning Article VII. Off-Street Parking and Loading Regulations
Section 7.01 Intent & Purpose
The off-street motor-vehicle parking, bicycle parking, and loading regulations of this Article are intended to provide off-street parking and loading areas, and provide the appropriate number of spaces in proportion to the demands of the proposed use for the following purposes:
(1) To promote and protect the health, safety and welfare of the City by ensuring the compatibility of required parking areas with surrounding architecture and land uses.
(2) To establish a comprehensive system of controls governing the design, construction, location, installation, maintenance, and number of required off-street parking spaces.
(3) To create a more attractive business and economic climate by enhancing and protecting the orderly and effective use of parking.
(4) To properly regulate the number of required off-street parking spaces so as to provide for the needs of occupants, customers, visitors or others involved in use or occupancy of any building, structural improvement or place of assembly.
Section 7.02 General Provisions
(a) Existing Facilities:
(1) No land shall be used or occupied and no structure shall be erected or used unless the off-street parking spaces required herein are provided. Such parking spaces are not required for any structure or use existing at the time of enactment of this ordinance; however, the parking spaces as specified herein shall be provided for any enlargement to any such existing structure or use.
(2) If a building permit was lawfully issued prior to the effective date of this ordinance, and if substantial construction has begun within one-hundred and eighty (180) days of the issuance of a permit, the number of off-street motor-vehicle, bicycle, and loading spaces that is required by the building permit shall supersede what may be required by this Article.
City of Kenner VII-161 Article VII Unified Development Code Off-Street Parking and Loading Regulations (b) Damage or Destruction:
In the event that a structure is damaged to an extent of less than fifty percent (50%) of its replacement value, the off-street motor vehicle, bicycle and loading spaces may be restored in the same amount prior to damage. However, it is not necessary to restore or maintain spaces in excess of the amount required by this Ordinance.
(c) Change in Intensity of Use:
Whenever the intensity of a use is increased based on an increase in the number of dwelling units, floor area, seating capacity or other unit of measurement used to calculate the number of required number of vehicle and bicycle parking spaces, additional spaces shall be provided for that increase, except as described below:
(1) Whenever there is an increase in the intensity of a use that creates a need for additional vehicle parking spaces of ten percent (10%) or more, the additional spaces are required. No additional vehicle parking spaces are required if the greater intensity would result in an increase of spaces of less than ten percent (10%). This also applies to a simultaneous increase in intensity of a group of uses on the same lot which together result in a need for an increase in vehicle parking spaces of ten percent (10%) or more. The ten percent (10%) threshold is calculated by dividing the number of additional spaces required due to the increase in intensity divided by those spaces required before the increase.
(d) Provision of Additional Vehicle Spaces:
(1) Nothing in this Article prevents the voluntary establishment of additional off-street vehicle and bicycle parking spaces above that required by this Ordinance, unless the Ordinance specifies a maximum number of vehicle spaces in Section 7.04. There is no limit on the number of bicycle parking spaces that may be provided.
(2) All regulations governing the location and design of additional facilities shall meet the requirements of this Ordinance.
(3) Where a use exceeds the minimum number of vehicle spaces required by Section 7.04, the area used for additional spaces may be constructed of permeable paving.
(e) Shared parking requirements for mixed-use developments:
(1) Shared parking for mixed-use developments is based on the fact that certain uses operate at different times over a twenty-four-hour period with their greatest demand for parking occurring during mutually exclusive times. These uses are, therefore, able to
City of Kenner VII-162 Article VII Unified Development Code Off-Street Parking and Loading Regulations share parking spaces during particular times and under certain conditions, the total number of parking spaces otherwise required for individual uses may be reduced.
(2) For purposes of these requirements, shared parking for mixed-use developments refers to two (2) or more land uses occupying the same lot or occupying contiguous lots with parking located on the same lot or contiguous lot upon which the uses sharing the parking are located. Shared parking refers to the use of the same off-street parking stall to satisfy the off-street parking requirements for two (2) or more uses. The following conditions shall apply to all shared parking for mixed-use developments.
(3) Shared parking is permitted by agreement only. The agreement must:
a. Be in writing and executed by all owners of the properties affected;
b. Specify the parking being shared and the hours of operation by the uses involved;
c. Be enforced by the Director of Inspection and Code Enforcement and the City Attorney;
d. Be recorded in the office of the clerk of court by the owner(s) of the property affected and a copy furnished to the Director of Inspection and Code Enforcement and the Director of Planning and Zoning.
e. An affidavit stating that the shared parking agreement is valid and no change in use or hours of operation of the affected properties has occurred shall be submitted annually to the Director of Inspection and Code Enforcement.
f. A violation shall occur if a use is operated at a time other than during the hours of operation specified in the shared parking agreement. The Director of inspection and code enforcement shall revoke the certificate of use or occupancy for any use operated in violation of a shared parking agreement.
(4) No variances or exceptions from the parking requirements of this ordinance shall be granted by the Board of Zoning Adjustments.
City of Kenner VII-163 Article VII Unified Development Code Off-Street Parking and Loading Regulations (f) Prohibited Use of Parking Spaces:
The sale, repair or dismantling or servicing of vehicles, equipment, materials or supplies, or the display of goods in off-street parking areas is prohibited, unless otherwise permitted by this ordinance. Off-street parking areas associated with residential and commercial developments are not to be used for the permanent storage of fleet vehicles.
Section 7.03 Computation of Parking and Loading Requirements
This section describes how the number of motor vehicle, bicycle, and loading spaces are calculated based upon the requirements of this Article.
(1) Where multiple uses with different parking requirements occupy the same structure or lot, the required vehicle and bicycle parking and loading spaces is the sum of the requirements for each use computed separately, unless otherwise permitted by this Ordinance.
(2) Space allocated to any off-street loading space may not be used to satisfy the requirement for any off-street vehicle or bicycle parking space or access aisle or portion thereof. Conversely, the area allocated to any off-street vehicle or bicycle parking space may not be used to satisfy the replacement for any off-street loading space or portion thereof.
(3) A fraction of less than one-half (½) is disregarded, and a fraction of one-half (½) or more is counted as one (1) parking or loading space.
(4) For uses where patrons or spectators occupy benches, pews or open floor areas, every eighteen (18) linear inches of benches, pews, or permanent seating areas, or five (5) square feet of open floor area used for seating is counted as one (1) seat for the purpose of determining the required number of spaces or as reflected in the most recent version of the International Building Code by the International Code Council.
Section 7.04 Required Off-Street Motor Vehicle and Bicycle Parking Spaces
(a) General Requirements:
(1) The minimum number of off-street vehicle and bicycle parking spaces to be provided for a principal use is listed in Table VII-1: Off-Street Parking Requirements, except as otherwise provided in this ordinance. All off-street parking shall be completed prior to the issuance of a certificate of occupancy. The location, size, and all other design and
City of Kenner VII-164 Article VII Unified Development Code Off-Street Parking and Loading Regulations construction elements of all required parking spaces shall be provided at the time of issuance of the building permit.
(2) Table VII-1 lists parking requirements for the principal uses listed in the zoning districts. In some cases, uses that are considered part of a generic use category are listed with specific vehicle parking requirements. These specific uses are listed only for the purposes of this section and do not indicate whether such uses are permitted or special uses within any district.
(3) 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 as determined by the Director of Planning.
(b) Maximum Vehicle Parking Limitations
The following vehicle parking maximums are applicable to all surface parking lots:
(1) When new vehicle parking areas are constructed for shopping centers or fast food restaurants, the number of vehicle parking spaces provided may not exceed one- hundred twenty-five percent (125%) of the required minimum.
(2) When new vehicle parking areas are constructed for all other uses, the number of vehicle parking spaces provided may not exceed one-hundred fifty percent (150%) of the required minimum.
(3) Parking maximums do not apply in the S-I, L-I, H-I, and AH-I Districts.
City of Kenner VII-165 Article VII Unified Development Code Off-Street Parking and Loading Regulations Table VII -1: Off -Street Parking Requirements
Use Minimum Required Vehicle Spaces Additional Requirements Airport Terminal Building 1 per 400sf GFA* of terminal building Amusement Place 1 per 200sf GFA* Bowling Alley 2 per lane Dance, Exhibition or Reception 1 per 60sf GFA* Hall Theater/Auditorium/Sports 1 per 4 seats for first 400 + 1 per 6 seats
Arena/Place of Public Assembly after first 400 Bar or Pool Hall 1 per 150 sf GFA* Animal Hospital and Kennels 1 per 300sf GFA* Business and Professional 1 per 300sf GFA* Offices Clinics 1 per 400sf GFA* Clubs & Lodges/Bingo Hall 1 per 60sf GFA* Day Care Centers (adult or child) 1 per 350sf GFA*, 3 spaces minimum 1 space for each employee Dwellings: Single-family 2 per dwelling unit Two to Four Family 1 per dwelling unit Multi-Family (5+) 1.5 per dwelling unit 1 bicycle space/unit - suggested Townhouses 1 per dwelling unit Assisted 1 per dwelling unit Educational Facility Primary 1 per classroom and office 8 per classroom plus 1 per 500sf GFA * of 4 bicycle spaces per classroom - Secondary office suggested University 10 per classroom Vocational 10 per classroom 1 per staff doctor, 1 per 4 Hospital 1 per 4 beds employees Hotel/Motel 1 per room 1 per 4 employees
General Retail and Sales 1 per 300sf GFA*
General Trade and Repairs 1 per 500sf GFA* 10 spaces minimum plus 1 space per Libraries and Museums 400sf GFA* above 2,000sf 1 space for each company Manufacturing and Industrial 1 per employee vehicle operating from Establishments premises
*GFA – Gross Floor Area
City of Kenner VII-166 Article VII Unified Development Code Off-Street Parking and Loading Regulations Use Minimum Required Vehicle Spaces Additional Requirements Marina 1 per 2 slips Nursing Homes 1 per 6 beds Personal Service Establishment 1 per 200sf GFA* 1 space per 8 seats in main auditorium or Places of Worship 1 per 60sf GFA*, whichever is greater 1 per 150sf GFA* or 1 per 3 seats, Restaurants whichever is greater Up to 500sf GFA*: 2 spaces Plus 3 stacking spaces per drive- Drive-Thru 501 to 1000sf GFA*: 5 spaces through lane 1000+ sf GFA: 10 spaces 3 stacking spaces per drive- Fast Food/Specialty 1 per 200sf GFA * through lane Full Service 1 per 200sf GFA* 1 per employee during largest shift, 1 per Warehouses company vehicle on premises, 3 minimum
Section 7.05 Required Off-Street Loading Spaces
(a) Off-street loading spaces shall be provided for a use that distributes or receives materials or merchandise by truck or other commercial vehicles in accordance with Table VII-2: Off-Street Loading Requirements except as otherwise provided in this ordinance.
(b) No structure is required to provide more than five (5) loading spaces.
(c) Structures that are fifty (50) years old or more and were originally constructed without loading areas are exempt from the off-street loading requirements. Any additions or enlargements to such structures require the addition of one (1) off-street loading space.
(d) In the case of multi-tenant developments, required loading spaces are calculated on the basis of each individual tenant. If the floor area of each individual use is below the minimum for required loading spaces, but the aggregate floor area of all uses is greater than such minimum, then at least one (1) but no more than two (2) off-street loading spaces shall be provided. In such cases, the Director of Inspection and Code Enforcement may make reasonable requirements for the location of required loading spaces.
(e) In the case of commercial uses that utilize outdoor space for the storage and/or display of saleable goods, such as in the case of automotive sales, at least one (1) off-street loading space must be provided.
City of Kenner VII-167 Article VII Unified Development Code Off-Street Parking and Loading Regulations (f) If a use increases, the floor area by twenty-five percent (25%) or more, accessory off-street loading spaces are required in accordance with Table VII-2. However, no structure is required to provide more than five (5) loading spaces.
Table VII -2: Off -Street Loading Requirements
Use Type Number of Required Spaces Multi-Family Dwelling 20,000 – 50,000sf GFA 1 loading space 50,001 – 100,000sf GFA 2 loading spaces Each additional 40,000sf of GFA above 100,000sf 1 additional loading space Commercial & Institutional Uses 5,000 – 10,000sf GFA 1 loading space 10,001 – 30,000sf GFA 2 loading spaces 30,001 – 50,000sf GFA 3 loading spaces Each additional 20,000sf of GFA above 50,000sf 1 additional loading space Industrial Uses 5,000 – 10,000sf GFA 1 loading space 10,001 – 30,000sf GFA 2 loading spaces Each additional 40,000sf of GFA above 30,000sf 1 additional loading space
Interpretation of the chart : The loading space requirements apply to all districts but do not limit the special requirements, which may be imposed in the district regulations.
Section 7.06 Design of Motor Vehicle Parking Spaces
(a) Design Review Required
A design review shall be conducted by the Department of Inspections & Code Enforcement prior to any construction, alteration, or addition of any motor-vehicle parking lot or structure providing ten (10) or more motor-vehicle parking spaces. For the purposes of this section, construction, alteration, or addition includes:
(a) All paving of previously unpaved surfaces.
(b) Replacement of pavement with new binder and surface courses.
(c) Construction of curbing.
(d) Installation of new parking lot landscapes.
City of Kenner VII-168 Article VII Unified Development Code Off-Street Parking and Loading Regulations Construction, alteration, or addition does not include maintenance activities such as replacement of existing landscaping, repair of existing curbing, ordinary repairs, sealing, restriping, or placement of surface course pavement over previously paved areas.
(b) Permitted Motor Vehicle Parking Locations:
(1) Residential Uses:
a. All required off-street motor-vehicle parking spaces for residential uses and the residential component of mixed-use developments shall be located on the same lot as the building or use served.
b. For single-family and townhouse dwellings, required motor-vehicle parking spaces are permitted in private driveways or parking pads, but shall not encroach onto the public right-of-way. Tandem motor vehicle parking is permitted for residential uses but both spaces shall be allotted to the same dwelling unit and located on the same lot as the dwelling.
c. Parking spaces for single-family dwellings, and two-family dwellings, and in the R-1 and R-1A single-family residential zoning districts, and the R-2 two- family residential zoning district, may be designed so that vehicles back out onto a public street. In all other residential districts, such design is prohibited.
d. Parking is prohibited between the street curb and the nearest point of the front façade of any building if:
i. On a corner lot, the building is within ten (10) feet of the front property line.
ii. On a non-corner lot, the building is within five (5) feet of the front property line.
iii. This does not include permitted driveways.
e. All driveways shall have access to a legal parking space as required by this Ordinance.
City of Kenner VII-169 Article VII Unified Development Code Off-Street Parking and Loading Regulations (2) Non-Residential Uses:
a. Off-site motor-vehicle parking for a non-residential use may be located no more than three-hundred (300) feet from the use served. Off-street vehicle parking spaces are subject to the following standards:
i. The three-hundred (300) foot distance is measured in a radius beginning from the perimeter lot lines of the off-site vehicular parking lot.
ii. Off-site parking for a non-residential use is a permitted use in a non- residential district and a conditional use in a residential district.
iii. Accessory off-street parking lots serving non-residential uses in a residential district require a conditional use permit and are subject to the following requirements:
1) The parking lot shall be accessory to and used in connection with one (1) or more non-residential uses located in an adjoining district.
2) The parking lot shall be used solely for the parking of passenger automobiles.
3) Each access driveway from said parking lot shall be at least fifteen (15) feet from any lot line for a property located in a residential district.
b. Parking is prohibited between the street line and the nearest point of the front façade of any building or within five (5) feet of the front property line when located on a corner lot for any non-residential uses.
c. Parking spaces designed so that vehicles must back out onto public streets are not permitted.
(c) Dimensions of Motor Vehicle Parking Spaces:
(1) Off-street motor-vehicle parking spaces shall be designed in accordance with Table VII-3: Off-Street Motor Vehicle Parking Dimensions (Standard Space).
City of Kenner VII-170 Article VII Unified Development Code Off-Street Parking and Loading Regulations Table VII -3: Off -Street Motor Vehicle Parking Dimensions (Standard Space )
Single Loaded Double Loaded Parking Angle Stall Width (W) Stall Length (L) Aisle Width (A) Module b Width (SL) Module b Width (DL) 0 8.5’ 21’ 12’/24’ a 20.5’/32.5’ a 29’/41 a 45 8.5’ 18’ 13’ 32’ 51’ 60 8.5’ 18’ 18’ 38’ 58’ 75 8.5’ 18’ 20’ 40.8’ 61.6’ 90 8.5’ 18’ 24’ a 42’ a 60’ a a Two- way traffic permitted. b A module is defined as a drive aisle with automobiles parked on each side of the drive aisle.
City of Kenner VII-171 Article VII Unified Development Code Off-Street Parking and Loading Regulations (2) All motor-vehicle parking spaces shall have a minimum vertical clearance of seven feet six inches (7 ’6”).
(d) Access Requirements for Off-Street Vehicle Parking Areas:
(1) Each off-street motor-vehicle parking space shall open directly upon an aisle or driveway of adequate width to provide access to a motor-vehicle parking space.
(2) All required off-street motor-vehicle parking facilities shall have vehicular access from a dedicated and accepted for maintenance street or cross-access connection.
(3) Within off-street parking lots and structures, one-way traffic aisles shall be a minimum of twelve (12) feet in width and two-way traffic aisles shall be a minimum of twenty-four (24) feet in width. Furthermore, all aisles shall be designed in accordance with Figure VII-1: Sight Distance Triangle for Parking Structure Driveways.
(4) For parking structures that provide a deceleration lane leading to the entrance, the entrance ticket dispensers or access card point, including gates, shall be located at a distance sufficient to accommodate two (2) spaces for motor vehicles a minimum of twenty (20) feet in length for each space. When a deceleration lane is not provided, the entrance ticket dispensers or access card points and gates shall be located at a distance sufficient to accommodate four (4) spaces for vehicles a minimum of twenty (20) feet in length for each space.
(5) A sight-distance triangle shall be provided for each driveway access point for a parking structure. The triangle is measured from the point where each side of the driveway intersects the property line. At the point of intersection at each side of the driveway and the property line, a line of ten (10) feet in length shall be drawn toward the interior of the structure to form the sight-distance triangle. Parking, fencing, landscape, or other obstructions taller than one (1) foot in height that would block the view of the driver are prohibited in the sight-distance triangle. (See Figure VII-1: Sight Distance Triangle for Parking Structure Driveways)
City of Kenner VII-172 Article VII Unified Development Code Off-Street Parking and Loading Regulations Figure VII -1: Sigh t Distance Triangle for Parking Structure Driveways
(e) Surfacing:
(1) All surface parking lots shall be paved with a durable, all-weather material, or pervious paving. All uneven slabs shall be resurfaced to provide a smooth surface.
(2) All single-family and two-family dwellings are permitted to construct driveways that consist of two (2) concrete wheel strips, each of which is at least eighteen (18) inches wide and at least twenty (20) feet long. A permeable surface, such as turf, shall be maintained between such wheel strips. (See Figure VII-2: Parallel Parking Strips)
(3) Shells, gravel, crushed stone and bare earth are permitted paving materials for low volume parking areas or vehicle storage areas for spaces exceeding the minimum required spaces, pending design review by the Department of Inspections & Code Enforcement.
City of Kenner VII-173 Article VII Unified Development Code Off-Street Parking and Loading Regulations Figure VII -2: Parallel Parking Strips
(f) Striping:
Off-street parking areas shall be marked by painted or paver lines, curbs, or other means to indicate individual spaces, and maintained in clearly visible condition. Signs or markers should be used as necessary to insure efficient and safe circulation within the lot. Vehicle parking spaces for handicapped persons shall be identified with the appropriate sign and visible at all times of the year, regardless of plant growth or similar conditions.
(g) Curbing and Wheel Stops:
Wheel stops or curbing shall be provided to prevent vehicles from damaging or encroaching upon any adjacent parking or loading space, sidewalk, landscaped area, or parking lot island, fence, wall, or building. Within non-residential or mixed-use development parking lots, box curbs at least six (6) inches in height are required.
(h) Drainage and Maintenance:
(1) Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys, and surfaced with erosion resistant material in accordance with applicable City specifications. Post construction storm water run-off shall not exceed pre-construction storm water run-off and shall be retained on the development site to prevent damage to abutting property as per Article X: Storm Water Management.
City of Kenner VII-174 Article VII Unified Development Code Off-Street Parking and Loading Regulations
(2) Additions to existing parking lots of fifteen (15) or more motor-vehicle parking spaces shall be designed to filter or store the first one (1) inch of rainwater during each rain event. This can be accomplished through the use of pervious paving, rain gardens, bioswales, detention areas, constructed wetlands, and other methods deemed appropriate by the Planning Department and the Department of Public Works, as indicated in Landscape and Storm water section. Parking lots for single-family, two- family, and multi-family dwellings of six (6) units or less are exempt from this requirement.
(3) Off-street parking areas shall be maintained in a clean, orderly, and debris-free condition at the expense of the owner or lessee. A minimum of one (1) litter receptacle shall be included in any parking lot.
(i) Lighting:
Adequate lighting shall be provided if off-street parking spaces are to be used at night. All lighting shall be arranged to eliminate glare on residential property by location of light fixtures or use of fixtures designed to eliminate direct view of luminaries in fixtures from residential property.
(j) Landscape and Screening :
All parking lots shall be landscaped and screened in accordance with Article IX: Landscaping Regulations.
(k) Accessible Vehicle Parking Requirements :
All parking lots shall comply with the “ADA Accessibility Guidelines for Buildings and Facilities” regulations issued by federal agencies under the Americans with Disabilities Act of 1990 (ADA) for the amount and design of accessible vehicle parking spaces required in parking lots and structures.
(l) Hydraulic Lifts :
If a parking facility or garage utilizes hydraulic lifts to move vehicles, all hydraulic lifts shall be located within the parking structure.
(m) Pedestrian Walkway Design within Parking Areas:
(1) Separate vehicular and pedestrian circulation systems shall be provided where possible.
(2) Clearly delineated crosswalks of paving, brick paver, bituminous brick pattern stamping, or painted striping shall connect landscaped areas and parking lot islands to building
City of Kenner VII-175 Article VII Unified Development Code Off-Street Parking and Loading Regulations entrances to improve safe passageway for pedestrians. Curb cuts shall be included on landscaped areas or islands where such crosswalks are located.
(3) The use of pervious paving for pedestrian circulation systems is encouraged.
(4) Parking areas for developments with over fifty (50) parking spaces must have distinct and dedicated pedestrian access from the building entrance to parking areas and public sidewalks, according to the following standards:
a. One walkway can serve as a collector for up to four (4) bays of parked cars.
b. The walkways should be a minimum of four (4) feet wide, allowing an additional thirty (30) inches on each side for overhanging of automobiles.
c. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, loading spaces, and parking spaces through the use of elevation changes, a different paving material, or similar method.
d. Where a pedestrian walkway is parallel and adjacent to an automobile travel lane, it must be raised and separated from the automobile travel lane by a raised curb at least four inches high, bollards, or similar method.
e. In a retail development, pedestrian staging areas are designed and required in order to separate automobiles circulation from pedestrian movement. Such landscaped areas or parking lot islands shall be ten (10) feet in width.
f. A bump-out area shall be provided at the building entry in order to slow vehicle speeds in the lanes next to the building entry, and at designated pick-up and drop-off areas. Pick-up and drop-off lanes shall be parallel to vehicle circulation lanes.
For integration of pedestrian walkways with required landscaping, see Section 9.07 (d) for specific landscape requirements.
City of Kenner VII-176 Article VII Unified Development Code Off-Street Parking and Loading Regulations Figure VII-3: Pedestrian Walkways
Section 7.07 Design of Bicycle Parking Spaces
If a development provides bicycle parking spaces, the following guidelines apply:
(a) The bicycle parking area shall be convenient to building entrances and street access, but may not interfere with normal pedestrian and vehicular traffic.
(b) Bicyclists should not be required to travel over stairs to access parking.
(c) All bicycle spaces should be located on the same lot as the use or within fifty (50) feet of the lot when on private property.
(d) Bicycle parking spaces should be located no more than fifty (50) feet from the principal building entrance and at the same grade as the sidewalk or an accessible route.
City of Kenner VII-177 Article VII Unified Development Code Off-Street Parking and Loading Regulations Section 7.08 Design of Off-Street Loadings Spaces
(a) Location:
All off-street loading spaces shall be located on the same lot as the use served. No off-street loading spaces may project into a public right-of-way. No off-street loading space is permitted in a required front yard.
(b) Dimensions:
(1) All required off-street loading spaces shall be a minimum of twelve (12) feet in width, a minimum of thirty-five (35) feet in length, exclusive of aisle and maneuvering space, and have a vertical clearance of at least fourteen (14) feet.
(2) Loading spaces for a funeral home may be reduced in size to ten (10) feet by twenty-five (25) feet and vertical clearance reduced to eight (8) feet.
(3) Structures that are fifty (50) years of age or older, at the time of adoption of this ordinance, and maintain loading spaces that do not comply with the dimensions of this section, are deemed legally conforming in terms of loading space dimensions. If new loading spaces are constructed, such spaces may be designed to match the dimensions of existing loading spaces rather than the requirements of this section.
(c) Surfacing:
All off-street loading spaces shall be paved with a durable, all-weather material or an approved permeable paving system. Chapter 13, Article IV; City of Kenner Code of Ordinances.
(d) Drainage and Maintenance:
Off-street loading facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys, and surfaced with erosion-resistant material in accordance with applicable City specifications. Off-street loading areas shall be maintained in a clean, orderly, and debris-free condition at the expense of the owner or lessee. Any packing or other material associated with loading and unloading shall be contained within the loading area.
(e) Access Control and Signs :
Each required off-street loading space shall be designed with adequate means of vehicular access to a dedicated for maintenance street, in a manner that will minimize interference with traffic movement. Directional signs leading to loading areas shall be in accordance with Article XI: General Sign Regulations.
City of Kenner VII-178 Article VII Unified Development Code Off-Street Parking and Loading Regulations (f) Lighting:
Illumination of an off-street loading facility shall be arranged to deflect the direct rays of light away from adjacent properties and streets.
(g) Landscape and Screening:
All loading facilities shall be landscaped and screened in accordance with Article IX: Landscaping Regulations.
Section 7.09 Driveway Design
(a) Driveway Design:
(1) Except for loading berths, driveways are limited to twenty-four (24) feet in width. Driveways shall be a minimum of eleven (11) feet for one-way drives, and a minimum of twenty-two (22) feet for two-way drives. Driveways in excess of twenty-four (24) feet in width may be approved by the Director of Inspections and Code Enforcement when necessary due to the special access required by the type of development.
(2) More than one driveway may occur on any piece of property provided that each driveway is separated from the abutting driveway by a landscaped island of at least eight (8) feet in width.
(3) Driveways must start no less than four (4) feet from an interior property line in all multi- family (R-MF) and non-residential zoning districts.
(4) Driveways on corner lots must start no less than six (6) feet from a corner property line in all residential districts except multi-family (R-MF). For multi-family (R-MF) and non- residential districts, driveways may not start less than twenty (20) feet from a corner property line.
(b) Cross-Access Servitudes:
(1) Adjacent commercial uses that possess dedicated parking areas are encouraged to provide a cross-access drive to allow circulation between sites. For new commercial, office, and service uses, a system of joint use driveways and cross-access servitudes is encouraged where feasible. Commercial property owners are encouraged to pursue cross-access with neighboring property owners at the time of development. If cross access is provided, the Director of Inspections and Code Enforcement shall require that the property owner provide proof that adjacent property owners have been contacted in writing regarding the provision of cross-access. (See (2) Joint-use driveways and cross-access servitudes shall incorporate the following:
City of Kenner VII-179 Article VII Unified Development Code Off-Street Parking and Loading Regulations
a. A minimum width of twelve (12) feet with no adjacent parking to ensure two-way travel aisles to accommodate automobiles, service vehicles and loading vehicles.
b. Bump-outs and other design features to make it visually obvious that the abutting properties are tied together.
c. A unified access and circulation plan for coordinated or shared parking areas.
(3) Pursuant to this section, property owners who establish cross-access servitudes shall:
a. Record a servitude allowing cross-access to and from properties served by the joint use driveways and cross-access servitude.
b. Record a servitude that remaining access rights along the roadway will be dedicated to the City, and that any pre-existing driveways will be closed and eliminated after construction of the joint-use driveway.
c. Record a joint maintenance agreement defining the maintenance responsibilities of each property owner.
Figure VII -4: Cross Access Servitudes
City of Kenner VII-180 Article VII Unified Development Code Off-Street Parking and Loading Regulations Section 7.10 Vehicle Stacking Spaces for Drive-Through Facilities
Every drive-through facility shall provide a minimum of three (3) vehicle stacking spaces per bay, unless otherwise required by Figure VII-5 of this Ordinance. Vehicle stacking spaces provided for drive-through uses shall be:
(a) A minimum of nine (9) feet in width, as measured from the outermost point of any service window to the edge of the driveway, and eighteen (18) feet in length. (See Figure VI-5: Stacking Spaces)
(b) Placed in a single line behind the drive-through facility.
(c) Located so that, when in use, they do not obstruct ingress or egress to the site and do not obstruct access to required parking or loading spaces.
(d) Stacking spaces shall begin behind the vehicle parked at a last point of service, such as a window or car wash bay.
(e) No stacking spaces are permitted between the front of the building and the adjacent public right- of-way. Figure VII-5: Stacking Spaces
City of Kenner VII-181 Article VII Unified Development Code Off-Street Parking and Loading Regulations Section 7.11 Storage of Commercial & Recreational Vehicles
The following restrictions apply to the parking or storage of commercial vehicles, including school buses, on property located in a residential zoning district.
(a) Commercial Vehicles:
(1) This provision shall not apply to owner-operators who have continuously parked their vehicle on their premises since the 14th day of July 1980, and has parked their vehicle in accordance with the following requirements.
(2) No vehicles licensed or required to be licensed with license plates exceeding the ten thousand (10,000) pounds classification, school bus license plate, or private bus plate, shall be parked on any developed or undeveloped lot in any residential district, except for vehicles engaging in loading, unloading, or current work being done to the adjacent premises.
(3) Any person who is granted any rights under the above section shall lose any rights granted and shall be prohibited from parking said vehicle if:
a. Owner-operator should sell said vehicle and not acquire another; or,
b. The owner-operator shall cease to park said vehicle for a continuous period of six (6) months; or,
c. The owner-operator is convicted twice within a two-year period for violating any provisions of this ordinance.
(4) At no time shall anyone granted any rights under this ordinance be allowed to park more than two (2) commercial vehicles, nor may any rights granted be transferred to any other person.
a. No more than one (1) registered school bus shall be parked on the residential site. Households with two (2) school bus drivers, each with a registered school bus functioning since July 14, 1980, shall be allowed to continue to park a maximum of two (2) school buses per residential site in accordance with the following regulations.
b. Each school bus shall be parked outside of the front yard area within the rear or side yard area only, excluding the side yard of corner lots on the side of the residential site abutting the side street. A side yard of an interior lot
City of Kenner VII-182 Article VII Unified Development Code Off-Street Parking and Loading Regulations that is used to accommodate the parking of a school bus shall be at least nine (9) feet in width.
c. Parking of the school buses shall not occupy the required off-street parking space on a residential site.
d. Each school bus must be properly screened by vegetation or by an opaque fence not to exceed a height of seven (7) feet and consisting of wood, brick or masonry.
e. No junked, derelict, or inoperable school buses shall be parked on a residential site.
f. School buses shall not be parked on any street immediately adjacent to any residential site in accordance with Section 15-51.1 of the Kenner Code of Ordinances.
g. Minor repairs and maintenance shall be screened so as not to be visible from the street and shall only be conducted in the side or rear yard outside of the area between the front property line and the front line of the main building. Any repairs and maintenance shall be conducted so as not to cause excessive noise or odor, and shall only be conducted between the hours of 6:00 a.m. and 8:00 p.m. Only the following minor repairs and maintenance may be conducted by residents on school buses authorized to be parked on a residential site:
i. Exterior and interior cleaning of the bus; ii. Replacing of windshield wiper blades; iii. Replacing of light bulbs or other signaling devices; iv. Replacing of batteries and belts; v. Changing or topping off of fluids, in compliance with section 9 ½-8 of the Kenner Code of Ordinances, which prohibits the disposal of greases, oils and waste by-products into subsurface or open drainage systems; vi. Changing of tires, not to include breaking down or repair of tires; and vii. Replacement of brake shoes and pads.
(5) For the purpose of this section, the term "residential site" shall mean a single lot or parcel of land, under single ownership with continuous frontage, and which is improved with a residential dwelling.
(6) Nothing contained in these regulations shall prohibit a religious institution or school from parking school buses, owned by the religious institution or school or operated
City of Kenner VII-183 Article VII Unified Development Code Off-Street Parking and Loading Regulations under contract to the religious institution or school, on the religious institution or school grounds.
(b) Recreational Vehicles:
For the purposes of this Article, recreational vehicles include all trailers, campers, jet-skies, motor homes, pop-up campers, boats and boat trailers, and trailers that transport recreational vehicles such as dirt bikes and all-terrain vehicles. Boats and boat trailers are limited to twenty-five (25) feet in length.
Recreational vehicles and recreational watercraft may be parked or stored on the sites of single- family, two-family, and three & four-family dwellings including manufactured homes and townhouses, subject to the following conditions:
(1) At no time shall parked or stored recreational vehicles and recreational watercraft be occupied or used for living, sleeping, or housekeeping purposes.
(2) Setback requirements:
a. Recreational vehicles and recreational watercraft not parked or stored inside of a fully enclosed garage shall be parked or stored completely behind the front building line of the principal structure or not less than sixty (60) feet from the front lot line, whichever is closest to the front lot line.
b. If a variance is granted to the building line or setback requirement for recreational vehicles and recreational watercraft, they shall comply with the screening requirements of subsection (7) and shall in no case be parked in a required front yard.
c. Recreational vehicles and recreational watercraft seven (7) feet or less in height shall be located no less than three (3) feet from a side or rear lot line, unless screened from view of the abutting property in accordance with subsection (7). RVs and recreational watercraft shall be measured from grade to their top edge and shall exclude any minor incidental projections; projections included in the measurement of height shall be considered as substantial by the discretion of the Director of Inspection and Code Enforcement.
d. Recreational vehicles and recreational watercraft over seven (7) feet in height shall be located no less than five (5) feet from a side or rear lot line and shall be screened from view of the abutting property and the abutting street right-of-way in accordance with subsection (7).
e. On corner lots, recreational vehicles and recreational watercraft shall not be parked or stored closer to the abutting side street than the side building
City of Kenner VII-184 Article VII Unified Development Code Off-Street Parking and Loading Regulations line of the principal structure unless screened in accordance with subsection (7).
(3) Recreational vehicles and recreational watercraft may be parked anywhere on the premises for loading or unloading purposes no longer than twenty-four (24) hours and shall not extend into any public right-of-way. In situations such as hurricanes or similar weather phenomenon, that necessitates an evacuation, the Director of Inspection and Code Enforcement may waive the limitation on hours for loading and unloading in this section.
(4) All recreational vehicles and recreational watercraft shall be in an operable condition and parked or stored on a surface that is maintained in good condition, free of weeds, dust, trash, and debris.
(5) The accessory buildings regulations set forth in Section 12.06 and the following additional criteria shall apply:
a. Applicant shall present to the Department of Inspections and Code Enforcement a valid Louisiana motor vehicle or boat registration to demonstrate the need for exception to Section 12.06.
b. The height of the garage door of a detached or attached accessory building in which the recreational vehicle or recreational watercraft is parked or stored shall not exceed a height of thirteen (13) feet.
c. Private garage structures over thirteen (13) feet shall be setback from the minimum side and rear yard setbacks for accessory structures one (1) foot for every additional one (1) foot or fraction thereof in height over thirteen (13) feet until the minimum side or rear yard setback requirement of the principal structure is reached, and in no case shall exceed nineteen (19) feet in height in a required yard.
d. Exterior wall material of garages shall be composed of residentially compatible materials as defined in Section 3.02 (c).
(6) Notwithstanding the regulations of Section 12.03 (b), the following regulations shall apply for detached carports and shelters housing recreational vehicles and recreational watercraft shall comply with the following criteria:
a. Detached carports and shelters shall not exceed thirteen (13) feet in height or a length of forty (40) feet if located in a required side or rear yard unless an applicant presents to the Department of Inspections and Code Enforcement a valid Louisiana motor vehicle or watercraft registration to demonstrate the need for additional height or length.
b. Detached carports and shelters over thirteen (13) feet shall be setback from the minimum side and rear yard setbacks one (1) foot for every additional
City of Kenner VII-185 Article VII Unified Development Code Off-Street Parking and Loading Regulations one (1) foot or fraction thereof in height over thirteen (13) feet until the minimum side or rear yard setback requirement of the principal structure is reached, and in no case shall exceed nineteen (19) feet in height in a required yard.
c. Any vertical surfaces shall be constructed of residentially compatible materials as defined in Section 3.02 (c).
(7) Screening requirements:
g. Recreational vehicles and recreational watercraft must be screened by a living fence (trees, shrubs, hedgerow, etc.) or an opaque wood, brick, vinyl or masonry fence with a minimum height of six (6) feet or any combination thereof.
h. Living fences shall be at least two (2) feet in height when planted and must be at least a height of six (6) feet within two (2) years and create a continuous opaque buffer.
i. Recreational vehicles and recreational watercraft stored completely underneath a freestanding carport or shelter in which at least the two (2) longest sides are covered halfway from the structure's peak height to grade are exempt from the screening requirements of this section.
(15) Amortization Period: Recreational vehicles, as defined herein, in place at the time of the adoption of this ordinance will be exempt from these regulations for a period of twelve (12) months from the effective date of this Unified Development Code, after which all recreational vehicles shall comply with all requirements of this section.
Section 7.12 Parking in Front Yards
(a) Limitation on Pavement of Required Yard Areas:
The pavement of a required front yard shall be limited to forty (40) percent of the required front yard area. The pavement of the side yard required on the side street of a corner lot shall be limited to forty (40) percent of the required side yard area. Pavement includes the placement of impermeable material on the surface of the land such as brick, stone, asphalt, or concrete. A green area of living planted materials shall be provided between the public right-of-way and structure or paved area. The area utilized for a fence, chain wall or masonry fence shall be excluded.
(b) Parking in Front Yards
(1) Off-street parking spaces shall not be located between a street line and the nearest point of the front façade of any building, except as otherwise specified in this section
(see diagram below):
City of Kenner VII-186 Article VII Unified Development Code Off-Street Parking and Loading Regulations
Figure VII-6: Permanent Location of Off-Street Parking
Diagram illustrating the permitted location of off-street parking with respect to the front façade of a building*
City of Kenner VII-187 Article VII Unified Development Code Off-Street Parking and Loading Regulations
Figure VII-7: Permanent Location Off-Street Parking
(2) In the C-1, C-2, MU and S-I, L-I, H-I Districts, required off-street parking spaces may be located in a required front yard provided the spaces are so arranged as to preclude backing out on a public street.
(3) In any district where a parking structure is permitted to project into a required front yard, off-street parking spaces may be located within the structure.
(4) Driveway space for access to parking areas or drive-in service facilities may be located in a required front yard.
(5) A circular drive shall not be permitted in the front yard in a residential district unless all of the following are met:
a. An area is provided in the drive for a parking space that does not encroach into the required front yard setback;
City of Kenner VII-188 Article VII Unified Development Code Off-Street Parking and Loading Regulations b. There is a minimum of three (3) feet between the drive and the side lot lines;
c. The lot width is fifty (50) feet or greater;
d. Approval is received from the Department of Inspections and Code Enforcement regarding curb cuts, and;
e. The required setback areas continue to meet the standards of subsection (b)(1) above.
City of Kenner VII-189 Article VII Unified Development Code Off-Street Parking and Loading Regulations Article VIII. Hazardous and Obnoxious Uses
Section 8.01 General
(a) The regulations in this Article qualify or supplement, as the case may be, the district regulations appearing elsewhere in the ordinance.
(b) Any use determined to be hazardous or obnoxious based on the criteria within this Article are permitted only in Heavy Industrial (H-I) districts. Such uses are prohibited in all other districts.
Section 8.02 Established Hazardous or Obnoxious Uses
(a) The uses listed below are considered hazardous or obnoxious uses and must be approved by the City Council after a public hearing in accordance with the provisions of Article VI, Zoning, prior to the issuance of a construction permit or a certificate of occupancy.
(1) Fuel gas storage (not service stations or gas stations) (2) Fuel gas distribution station (3) Gasoline storage and wholesale distribution. (Does not include service stations or gas stations) (4) Cement, lime, gypsum or plaster of paris manufacture or storage (5) Gas manufacture (6) Gravel pits. (7) Refining of petroleum or its products (8) Sand and gravel pits (9) Land and gravel storage yard (10) Reserved (11) Vulcanizing and galvanizing shops (12) Oil, gas and mineral exploration (13) Sand blasting as a primary occupation (14) The production and/or storage of red label chemicals and products as defined by the Occupational Safety and Health Administration (OSHA). (15) Any other similar use which would be objectionable or obnoxious because of danger from radiation, explosion or because of the emission or creation of smoke, dust, fumes, odors, gas, noise, vibration or similar conditions as determined by the Director of the City of Kenner Department of Inspections and Code Enforcement.
City of Kenner VIII-190 Article VIII Unified Development Code Hazardous and Obnoxious Uses (b) Any use that requires permitting from the US Environmental Protection Agency (EPA) or Louisiana Department of Environmental Quality (LADEQ) or is listed on the EPA’s Toxic Release Inventory (TRI) must obtain a Determination of Hazardous and Obnoxious Use in accordance with the provisions of this Article. If such review finds proposed use to be hazardous or obnoxious, then the proposed use must be approved by the City Council after a public hearing in accordance with the provisions of Article VI prior to the issuance of a construction permit or a certificate of occupancy.
(c) A Neighborhood Early Notice Conference, as stated in Article VI, Section 6.01(c) is required for any proposal if the development site is within one thousand (1,000) feet of a residential zoning district
Section 8.03 Basic Requirements for Hazardous and Obnoxious Uses
The uses determined to be hazardous or obnoxious uses must be approved by the City Council, subject to compliance with the following criteria, after public hearing in accordance with the provisions of Article VI, Section 6.02 (e), prior to the issuance of a construction permit, or a certificate of occupancy.
(a) The proposed use shall be compatible with and shall not adversely affect other property in the area and in no case will the proposed use be located within one thousand (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 the hazardous or noxious material. The distance shall be measured radially from the property lines.
(b) The minimum site area shall be fifty thousand (50,000) square feet and the structure coverage shall not exceed fifty (50) percent of the site area.
(c) The building or buildings occupying the hazardous or obnoxious use shall be set back from all property lines a distance of not less than one hundred (100) feet.
(d) The street system, ingress and egress, off-street parking, loading and pedestrian ways shall be adequate and in accordance with the Code of Ordinances of the City of Kenner.
(e) Adequate safeguards shall be provided to limit toxic, noxious, or offensive emissions of smoke, gas, gases, vibration, light, noise, glare, dust and odors, or other toxic, noxious, or offensive fumes, ground pollutants or pollutants of any kind. Safeguards regarding the foregoing shall be presented to the City and shall minimize adverse impacts and nuisances in accordance with the best available technology.
(f) Open space shall be maintained by the owner/developer sufficient to provide ready access to fire and emergency equipment.
City of Kenner VIII-191 Article VIII Unified Development Code Hazardous and Obnoxious Uses (g) The proposed use shall comply with all current regulations including, but not limited to, those set forth by the Environmental Protection Agency, Occupational Safety and Health Administration, Louisiana Department of Environmental Quality, Jefferson Parish and the City of Kenner.
(h) Any proposed change in use or processing, including any changes in the use of the products or products themselves, which may affect emission data previously submitted, shall require City Council approval in accordance with this section.
(i) An adequate on-site system shall be provided to contain run-off and any hazardous materials stored on site shall be contained in such a way to prevent the run-off, leakage, or discharge of these materials.
(j) All new and renovated service stations and related establishments shall be required to install monitoring wells.
(k) All facilities with below ground storage sites shall provide monitoring wells.
(l) All monitoring wells shall be sampled every three (3) months by the owner/operator to measure leakage or seepage of the contents stored in the underground storage facility. The laboratory report shall be provided to the Department of Inspections and Code Enforcement for each quarterly sampling.
(m) An environmental impact statement must be provided when requested from the Department of Inspections and Code Enforcement, Fire Department or Wastewater Operations Department.
(n) A proposed use, which includes the use of propane gas, must specify in the ordinance that any individual pumping said propane gas shall be certified to do so.
(o) The ordinance proposing a hazardous or obnoxious use shall include a section requiring the applicant or current owner to submit an inventory list of all hazardous materials on the site to the Department of Inspections and Code Enforcement on an annual basis, from the date of adoption of the ordinance.
(p) Approval by the City’s Wastewater Operations Department of a spill prevention plan, when required.
(q) In the event that any of the above standards or regulations is in conflict with each other or any other section of this code, the more restrictive standard or regulation shall govern.
City of Kenner VIII-192 Article VIII Unified Development Code Hazardous and Obnoxious Uses Article IX. Landscaping Regulations
Section 9.01 Intent and Purposes
The landscaping requirements established by this Article are intended to:
(a) Enhance the aesthetic appearance of developments throughout the City by providing standards related to the quality and functional aspects of landscaping.
(b) Increase compatibility between abutting land uses and between land uses and public rights-of-way by providing landscape screening or buffers.
(c) Protect public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic safety.
(d) Provide for the conservation of water resources through the efficient use of irrigation, appropriate mix of plant materials, recycling water elements, and regular maintenance of landscaped areas.
(e) Reduce the urban heat island effect, enhance the local microclimate, and increase biodiversity.
Section 9.02 Enforcement of Provisions
No building permit or certificate of occupancy may be issued for any lot or use subject to the requirements of this Article unless all the requirements of this Article have been met. Failure to implement the landscape plan, or to maintain the lot or use in conformance with the landscape plan, is cause for revocation of the certificate of occupancy and/or the application of fines and penalties, as established in Article IV Administration and Enforcement, of this Ordinance. In addition, all landscape is subject to periodic inspection.
Section 9.03 Integration with Storm water Management
With the understanding that landscaping is critical to proper storm water management, it is highly recommended that both this and the following chapter, Article X: Storm Water Management, be read in their entirety before beginning any site planning so that storm water management practices are incorporated into landscaping in the most efficient and cost effective manner possible.
City of Kenner IX-193 Article IX Unified Development Code Landscaping Regulations Section 9.04 Landscape Management Plans
(a) Applicability:
The provisions of the landscape section apply to:
(1) All new development projects with the exception of single-family dwellings, two-family dwellings, and multifamily dwellings of five (5) units or less.
(2) Existing development other than single-family dwellings, two-family dwellings, and multifamily dwellings of five (5) units or less that requires the issuance of a building permit for a building addition or renovation amounting to more than twenty–five percent (25%) of the existing street façade.
(3) Issuance of a Certificate of Occupancy
(4) Development, redevelopment or re-paving of vehicular use areas (parking lots), or vehicular use area additions of one (1) or more parking spaces with the exception of single-family dwellings, two-family dwellings, and multifamily dwellings of five (5) units or less.
(b) Landscape Plan Submission and Approval:
(1) Three (3) sets of each plan must be submitted to the Director of the Department of Inspections and Code Enforcement. The Director shall approve each plan in consultation with a landscape architect and/or civil engineer licensed in the State of Louisiana prior to issuance of the building permit.
(2) In addition to meeting the requirements herein, each plan must include any criteria that may be required by the Director of the Planning and Zoning Department. If disapproved, justification must be given to the applicant.
(3) All reviewed plans will be returned to the designer marked "approved" or "approved as noted" or "denied.” Rejected plans may be returned to the department for re-evaluation once noted corrections are made.
(4) A copy of each approved plan will be archived to ensure that it was implemented as permitted and maintained as required.
(5) Where City Council approval is required, such as a conditional use, the applicable landscape plan must be approved the Department of Planning prior to any Council
City of Kenner IX-194 Article IX Unified Development Code Landscaping Regulations action. If changes occur to the plan after approval, the changes must not compromise the original plan.
(c) Content of Landscape Plan:
(1) Landscape plans shall be prepared by a landscape architect or landscape horticulturist licensed in Louisiana. A landscape plan shall contain the following information:
a. The location and dimensions of all existing and proposed structures, property lines, servitudes, easements, parking lots and drives, roadways and rights-of-way, sidewalks, signs, refuse disposal and recycling areas, bicycle paths and parking facilities, fences, utilities on and off site, recreational facilities, drainage facilities, and other freestanding structures, as determined necessary by the Director of the Planning and Zoning Department.
b. The location, quantity, size, condition, and name, both botanical and common, of all existing plant materials and trees, and a description of all tree preservation measures.
c. The location, quantity, size, name, and condition of all plant material and trees in the right-of-way, and indicating plant material and trees to be retained and removed.
d. The location, quantity, size, and name, both botanical and common, of all proposed plant material including, but not limited to, shade and evergreen trees, shrubs, groundcover, annuals, perennials, and turf.
e. Irrigation or watering system plans, if applicable
f. The existing and proposed grading of the site indicating contours at one (1) foot intervals
g. Elevations of all proposed fences, walls, steps, and fixed retaining walls on the site
h. Sight triangles at all vehicular driveways
i. Current land use of adjacent properties
j. A summary tabulation of all landscape requirements
City of Kenner IX-195 Article IX Unified Development Code Landscaping Regulations k. Elevations, cross-sections, and other details as deemed necessary by the Director of the Planning and Zoning Department
l. Any other requirement deemed necessary by the Director of Inspections and Code Enforcement needed to determine compliance with this Article
(2) When the final landscape plan is submitted, a date for completion of all plantings and related work must be included on the plan. Landscaping must be installed and completed in accordance with the submitted plan prior to the issuance of a certificate of occupancy.
(3) All landscape plans must contain the following landscape and buffer maintenance agreement notation:
a. The owner is responsible for the maintenance of all landscaping.
b. All plant materials must be maintained in a healthy and growing condition as is appropriate for the season of the year.
c. Plant materials, which die, must be replaced with similar healthy plant materials.
d. All landscaping must be maintained in a neat and orderly manner at all times. This includes mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping.
e. Landscaped areas must be kept free of trash, litter, weeds and other such material or plants not part of the landscaping.
f. All sight triangles shall be maintained in accordance with AASHTO standards as per the latest edition of A Policy on Geometric Design of Highways and Streets.
(d) Minor Changes to Approved Landscape Plans:
Minor changes to the landscape plan that do not result in a reduction in the net amount of plant material as specified on the approved landscape plan or a reduction in the net amount of water detained or stored and filtered on-site may be approved by the Director of the Planning and Zoning Department. Changes to the size and amount of plant materials of an approved landscape plan are not considered a minor change. Major changes shall be approved by the body initially granting approval of the landscape plan.
City of Kenner IX-196 Article IX Unified Development Code Landscaping Regulations
(e) Alternative Compliance:
(1) The landscape standards contained in this Article are intended to encourage development, which is economically viable and environmentally sensitive. The standards are not intended to be so specific as to inhibit creative development. Project conditions associated with individual sites may justify approval of alternative methods of compliance with the landscape standards. Conditions may arise where normal compliance is impractical or impossible, or where maximum achievement of the City's objectives can only be obtained through alternative compliance.
(2) Requests for alternative compliance will be accepted for any permit application to which the requirements of this Article apply, when one (1) or more of the following conditions are met:
a. Topography, soil, vegetation, drainage, or other site conditions are such that full compliance is impractical.
b. Improved environmental quality would result from the alternative compliance provisions of this Article.
c. Spatial limitations, unusually shaped pieces of land or unusual servitude requirements may justify alternative compliance.
d. Public safety considerations made alternative compliance necessary.
(3) A request for alternative compliance must be submitted to the Director of the Department of Planning when the landscape plan is submitted.
a. The Director of the Department of Planning, in consultation with the Director of the Inspections and Code Enforcement department, may not reduce the requirements of this Article by more than fifty (50) percent.
b. Requests for alternative compliance must be accompanied by sufficient written explanation and landscape plan drawings to allow appropriate evaluation and decision by the Director of the Department of Planning in consultation with the Director of the Department of Inspections and Code Enforcement.
City of Kenner IX-197 Article IX Unified Development Code Landscaping Regulations Section 9.05 Installation and Maintenance of Plant Materials
(a) Installation:
(1) All landscape materials shall be installed in accordance with the current planting procedures established by the “Louisiana Nurseryman’s Manual for the Environmental Horticultural Industry,” latest edition, as published by the Louisiana Nursery and Landscape Association. All plant materials shall be free of disease and installed so that soil is of sufficient volume, composition, and nutrient balance to sustain healthy growth.
(2) All planting materials shall be of good quality and meet American Association of Nurserymen (AANS) Standards for minimum acceptable form, quality, and size for species selected.
(3) Soil must be fertile, friable soil typical of locality. It must be well drained, clean, and free of clay, stones, and weeds. Construction sand/soil will not be approved as a suitable planting medium.
(4) A minimum two-inch mulch dressing is required for all plantings. Mulch should be kept away from direct contact with tree trunks. Rock and gravel are not acceptable forms of mulch. The use of cypress mulch is prohibited due to environmentally destructive harvesting practices.
(b) Protection of Existing Vegetation:
All construction projects due shall abide by Section 9.09, Tree and Shrub Plantings on Public Propertyand will preserve existing, non-invasive plant material wherever feasible.
(c) Maintenance:
The technical requirements for the maintenance of plant materials and landscape areas are as follows:
(1) The developer, his successor, agent and/or property owner, is responsible for the maintenance, repair and replacement of all landscape materials that are required by this comprehensive landscape ordinance. Maintenance includes but is not limited to weeding, irrigating, fertilizing, pruning, and replacement of dead or dying plants.
(2) Landscape maintenance specifications require that all landscaping must be maintained in a sound manner and in accordance with accepted maintenance procedures as established by the Louisiana Nursery and Landscape Association.
City of Kenner IX-198 Article IX Unified Development Code Landscaping Regulations
(3) All plant materials and planted areas must be tended and maintained in a healthy growing condition and kept free of refuse and debris. Plant materials that exhibit evidence of insect pests, disease, and/or damage must be appropriately treated, and dead plants must be replaced.
(4) Care must be taken to protect all trees and landscape materials while performing routine maintenance operations (i.e. grass cutting, trenching, etc.).
(5) The removal of any trees or landscape materials for the purpose of flood or drainage requirements must be replaced by a similar tree or plant material as required by the provisions of this comprehensive landscape ordinance.
(6) All plantings are subject to periodic inspections by the City of Kenner.
(7) The property owner of land abutting a constructed public right-of-way is responsible for landscaping and maintenance of any right-of-way area between the front property line and the street curb.
(8) Trees which overhang sidewalks at curbs must be trimmed to a minimum height of six (6) feet six (6) inches above grade.
(9) Trees which overhang streets must be trimmed to maintain clearance at a minimum height of fifteen (15) feet above grade or conform to the latest edition AASHTO (American Association of State Highway and Traffic Officials) A Policy on Geometric Design of Highways and Streets, whichever is greater.
(10) Tree topping is prohibited
(11) Diseased or Hazardous Plants:
a. The Director of the Department of Inspections and Code Enforcement has the authority to require that property owners treat or allow the City to treat trees or shrubs suffering from transmittable diseases or infestation of pests.
b. If the disease or pests warrant drastic action to curb the spread to healthy trees or shrubs, or if the tree represents a public hazard, on the advice of the Director of the Department of Inspections and Code Enforcement, the property owner may be required to cut and destroy the trees or shrubs or allow the City or its agent to do so, charging the actual cost involved to the property owner.
City of Kenner IX-199 Article IX Unified Development Code Landscaping Regulations
c. If the property owner refuses to pay any such charges, the charges will be treated as grass or weed charges, following the procedures set forth in Kenner Code of Ordinances 9½-7(f), 9½-7(g) and 9½-7(h), including liening the owner’s property and including the charges on the ad velorum tax bill.
(12) Sight Triangles: As per Section 7.06 (d)(5)., and in addition, must conform to AASHTO (American Association of State Highway and Traffic Officials) standards as per the latest edition of A Policy on Geometric Design of Highways and Streets.
(13) Watering:
d. Operation of Automatic Irrigation Systems. Whenever possible, automatic irrigation systems should be operated between the hours of four (4) and six (6) A.M.
e. Maintenance of Irrigation Systems. Irrigation systems must be constantly maintained to eliminate waste of water due to seasonal change, loss of heads, broken pipes, or misadjusted nozzles.
f. Manual Watering. When no irrigation system is provided, the owner of the property is responsible for the provision of adequate water to required plant materials.
Section 9.06 General Landscape Design Standards
Landscape plans, as described above, shall be prepared by a landscape architect or landscape contractor licensed in Louisiana, and evaluated and approved based on the following design criteria:
(a) Scale and Nature of Landscape Material:
The scale and nature of landscape materials shall be appropriate to the size of the site and related structures.
(b) Selection of Plant Material:
Plant material shall be selected for its form, texture, color, pattern of growth, and suitability to local conditions. The use of invasive plant species is strictly forbidden. All landscape plans shall incorporate at least thirty percent (30%) of native trees and shrubs into required plant materials to provide habitat for wildlife and reduce irrigation requirements.
(c) Trees:
City of Kenner IX-200 Article IX Unified Development Code Landscaping Regulations
(1) All single trunk trees must have a minimum caliper of two (2) inches immediately after planting.
(2) Multi-trunk trees must have main stems with a minimum one (1) inch caliper per trunk immediately after planting. All multi-trunk trees must have a minimum of three (3) trunks. The multi-trunk tree must measure a minimum of ten (10) to twelve (12) feet tall immediately after planting. All tree heights must be measured from the top of the root ball to the tip of the branch.
(3) Palm trees count toward Class "B" tree requirements only. Only cold hardy species acclimated to growing in this climate are permitted. All palm trees must have a minimum height of fourteen (14) feet trunk height, measured from the ground line, which should be at or near the top of the root zone, to the base of the heartleaf.
(4) Tree species must be selected or located in such a manner that will not interfere with overhead utility lines.
(5) Trees must be planted in a bed with a minimum planting area of sixty (60) square feet.
(6) Recommended species list. The Department of Planning will provide species recommendations upon request.
(7) A minimum of twenty-five percent (25%) of the total number of required trees must be “Class A.”
(8) Class A trees are any self-supporting woody plant of a species that normally grows to an overall height of fifty feet (50’) or more.
(9) Class B trees are any self-supporting woody plant of a species that normally grows to an overall height of greater than twelve feet (12’).
(10) Palm trees can only be used for up to thirty-three percent (33%) of the total tree requirements.
(d) Shrubs:
(1) Shrubs must be a minimum 3-gallon well-rooted container stock.
City of Kenner IX-201 Article IX Unified Development Code Landscaping Regulations (2) Unless otherwise noted, all shrubs must be planted a minimum of three feet (3’) on center. (3) Shrubs used for screening or buffering purposes must obtain a minimum mature height of thirty-six inches (36”).
(e) Perennials and Groundcover:
Groundcovers (other than turf grass) must be minimum four-inch container stock, spaced a maximum of eight (8) inches on center. Two and one-half (2½) inch container stock may be substituted and spaced a maximum of six (6) inches on center. Vines and ground cover plants should show a number of vigorous runners or a well-developed crown.
(f) Mulch:
A minimum two-inch mulch dressing required for all plantings. Mulch should be kept away from direct contact with tree trunks. Rock and gravel are not acceptable forms of mulch. The use of cypress mulch is prohibited due to environmentally destructive harvesting practices.
(g) Detached Signage:
All detached signage must include a three-foot deep, twelve-inch tall minimum planting bed on all sides of the sign. This planting requirement does not apply toward other planting requirements.
(h) Irrigation:
The use of drip irrigation systems is encouraged. Irrigation design and installation must meet the requirements of the Louisiana Horticultural Commission.
(1) An irrigation system is required for all commercial, institutional, public, and semipublic land uses.
(2) The Director of Planning may require a fully automated irrigation system with a rain sensor.
(i) Waste Water Prevention:
Water waste resulting from inefficient landscape irrigation is prohibited. Water waste from irrigation is defined as runoff that leaves the target landscape due to low head drainage, overspray, or similar conditions where water flows onto adjacent properties, non-irrigated areas, walks, or
City of Kenner IX-202 Article IX Unified Development Code Landscaping Regulations roadways. Overspray and runoff are not considered water waste from irrigation if either one of the following conditions is met:
(1) The landscape area is adjacent to semi-pervious or pervious surfaces.
(2) The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscape.
(j) Storm water Best Management Practices:
The City encourages the use of storm water best management practices (BMP), such as retention basins, detention reservoirs, bio-swales, planted buffers, rain gardens, infiltration trenches, grass filters, porous paving, underground storm water collection chambers and other on-site storm water management practices to improve water quality, reduce storm water runoff and flood hazards. In order to comply with federal, state, and local regulations for urban storm water management, a storm water management plan shall be submitted as part of any new development, including redevelopment, of a site of seven thousand (7,000) square feet or more of impervious surface, or any new development, including redevelopment, of a site of one (1) acre or more in size.
Single-family, two-family, and multi-family dwellings of five (5) units or less do not required a storm water management plan, but shall comply with all other applicable federal, state, and local storm water ordinances.
Section 9.07 Technical Landscape Design Standards
This section provides the technical requirements for the installation of plant materials and landscaped areas.
(a) Site Square Footage Requirement:
(1) For all residential, commercial and special districts excluding R-1, R-1A, RR-1 and R-2:
a. There must be one (1) tree for each five thousand (5,000) square feet, or fraction thereof, of developed site area. On sites with buildings exceeding fifty thousand (50,000) square feet, fifty (50) percent of the required trees shall be Class A.
b. There must be one (1) shrub for each one thousand (1,000) square feet.
(2) Industrial and Airport related districts:
City of Kenner IX-203 Article IX Unified Development Code Landscaping Regulations
a. There must be one (1) tree for each twelve thousand five hundred (12,500) square feet, or fraction thereof, of developed site area.
b. There must be one (1) shrub for each three thousand (3,000) square feet.
(b) Greenbelts:
A greenbelt is the required landscaping space adjacent to the property line of any public right-of- way of which the developed site fronts. Such areas must be landscaped based on the following criteria.
The first five (5) feet extending from the property line along developed public rights-of-way must be landscaped in accordance with provisions set forth below.
(1) The greenbelt must contain:
a. A minimum of one (1) tree for every forty (40) linear feet of street frontage, or fraction thereof, measured at the property line. The required trees may be located anywhere within the above area. Corner lots with frontage on more than one (1) street must calculate the street planting requirements along the entire street frontage.
b. A minimum of one (1) shrub per ten (10) linear feet of right-of-way frontage. Shrub and non-turf ground cover plantings must cover forty (40) percent of the greenbelt. The required shrubs and ground cover can be arranged in any manner.
c. A minimum of seventy-five (75) percent of the greenbelt must have a ground cover or grass and other plant materials. The remaining twenty-five (25) percent may be covered with rock, stone, bark, etc., and other impermeable features including sidewalks and points of ingress and egress.
(2) The greenbelt requirement is in addition to the site square footage requirement.
(3) The greenbelt may contain earth berms, masonry walls, pedestrian walkways, site furniture, signage, site lighting, irrigation systems, fountains, play equipment, drainage facilities including micro detention/retention basins, detention/retention ponds and any other appropriate landscape features as approved by the Director of the Department of Inspections and Code Enforcement in consultation with the Director of the Planning and Zoning Department.
City of Kenner IX-204 Article IX Unified Development Code Landscaping Regulations (4) Retaining existing vegetation, either as lone growing specimens or groves of trees, within the greenbelt is highly encouraged. As an incentive to preserve existing non-invasive healthy trees and specimen shrubs found growing within the site area, credit for trees, shrubs and ground covers will be given as outlined in section (d) Landscape standards, (6) Tree preservation towards standards set forth in section (d) Landscape standards, (3) Landscape requirements. Underbrush and non-native weeds may be removed.
(c) Residential Buffer Zone:
(1) For the side and rear property lines abutting a residential zone or structure, one (1) tree is required for every ten (10) feet (or portion thereof) of common property line. Each tree must be spaced evenly along the common property line and must be planted in a strip of not less than five (5) feet wide. Each planting area must be landscaped with ground cover or other landscape material excluding paving in addition to the required tree.
(2) Prescribed fences or walls must be constructed in a continuous, unbroken barrier for the purpose of buffering off-street parking or other vehicular use areas exposed to the abutting property. The barrier must be between the common lot line of the abutting property and the off-street parking and/or other vehicular use area.
a. Walls must be constructed in a durable fashion with a finished opaque surface of brick, stone, or other decorative masonry material approved by the Director of the Planning and Zoning Department.
b. Fences must be constructed in an opaque durable fashion with weather resistant wood or vinyl and be of a consistent pattern. All materials used in the construction of a fence must be designed and intended for such use.
c. The Director of the Department of Inspections and Code Enforcement may approve a buffer fence/wall constructed of other materials, including earth berms, provided the materials and finish used will provide generally the same degree of opacity, durability, and aesthetic compatibility with adjoining residential areas as weather resistant wood. A finished side of all walls or fences must face the common property line boundary.
i. All berms must be planted with both shrubs and groundcovers to leave no bare earth.
ii. All shrubs must be of a size and species that can be expected to materially screen the development site within two (2) years of planting.
City of Kenner IX-205 Article IX Unified Development Code Landscaping Regulations
iii. The slope of a berm must be no greater than 3:1; Berms must be a minimum of three (3) feet in height or greater.
iv. Berms may be curvilinear in design. Combined fence and berm height at any point must meet minimum height requirements.
d. Chain link and/or welded wire fences are not acceptable buffer fence materials.
(d) Landscaping of Vehicular Use Areas and Parking Lots:
(1) A minimum of eight (8) percent of the vehicular use area of the interior of the lot must be landscaped with trees, shrubs, and groundcover other than turf grass for the purpose of guiding and separating vehicular and pedestrian traffic.
(2) Such landscaping must be distributed within the vehicular use area in such a manner that no parking space is further than fifty (50) feet from a Class A or B tree.
(3) Perimeter of lot:
a. The perimeter(s) of the lot adjacent to public rights-of-way must be landscaped as required in section 9.07 (b), greenbelt requirement inside the property line. Trees must be located between the property line abutting the right-of-way and the off-street parking or other vehicular use area.
b. Adjacent to non-residential use:
i. A three-foot wide minimum landscape strip for effective buffering of the vehicular use area must be provided from streets and other views, including adjacent vehicular use areas.
ii. One (1) tree must be provided for each forty (40) feet of the common property line along the rear and side property lines. Such trees must be between the common lot line of the abutting property and the off-street parking or other vehicular use area.
iii. A hedge, wall, earth berm, or other durable landscape barrier with a minimum of thirty-six (36) inches in height along public rights-of-way
City of Kenner IX-206 Article IX Unified Development Code Landscaping Regulations and alongside and rear property lines, must be placed along the perimeter of said landscape strip.
iv. If said barrier consists of nonliving material, one (1) vine or shrub must be planted every ten (10) feet and abutting the barrier.
v. The remainder of the required strip must be planted with grass, ground cover or other landscape material exclusive of paving.
vi. Properties zoned industrial (S-I, L-I, H-I, AH-I) are permitted to plant the three-foot wide landscape strip with grass or groundcover in lieu of the thirty-six (36) inch in height landscape barrier along the side and rear property lines.
(4) Interior of lot: Interior lot landscaping must be provided by landscaped islands, peninsulas, or medians within the vehicular use area.
a. For vehicular use areas of twelve (12) to one hundred (100) parking spaces, one (1) interior Class A tree or two (2) interior Class B trees for every twelve (12) parking spaces or fraction thereof.
b. For vehicle use areas of over one hundred (100) parking spaces, one (1) interior Class A tree or two (2) interior Class B trees for every ten (10) parking spaces or fraction thereof.
c. In large parking lots with over one hundred (100) parking spaces, all double sided parking rows must have a terminal-planting island.
d. Any parking island, peninsula, or planting space internal to a vehicular use area must have a minimum width of five (5) feet and a minimum area of sixty (60) square feet of non-paved area if it is to contain a tree or trees. Change required width based on location of parking island and size of parking lot.
e. Provide a continuous landscape strip between every four (4) rows of parking. This should be a minimum of five (5) feet in width to accommodate a low hedge and shade trees.
f. Interior islands, peninsulas, or green space provided around a tree (or trees), for which preservation credits are to be given, must provide a non- paved area no nearer than three (3) feet from the tree(s) drip line to insure
City of Kenner IX-207 Article IX Unified Development Code Landscaping Regulations the survival of the preserved tree(s), subject to the approval of the Director of the Department of Inspections and Code Enforcement.
g. In large parking lots, separate pedestrian walkways must be provided to allow safe movement within the lots. These walkways should generally be oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. See Section 7.06 (m).
h. All such landscaped areas must be protected from vehicular access to these areas with six-by-six-inch raised vertical face curbs.
i. Residual areas not used for vehicular use or access must be landscaped.
i. Underground electric conduit, underground drain lines, communications cables, irrigation lines and the like must be installed within underground utility chases located within the first one-third (1/3) of the width of the available planting space along the curb or walkway edge within medians, neutral grounds, peninsulas, divider islands and interior islands so as not to interfere with tree installation. Offsets into the center of such spaces will be allowed if design dictates placement of light standards and other fixtures within the center of the space.
(e) Loading Areas and Service Bays:
All service bays, loading and unloading areas, trash receptacles and dumpster areas must be screened by an opaque fence with a minimum height of seven (7) feet and consisting of wood, brick, vinyl or masonry. A thirty-six (36) inch minimum tall hedge or vines along all common property lines is also required. The fence and planting requirements may not be applied toward other landscape requirements. Exceptions may be made by the Director of the Planning and Zoning Department in consultation with the Director of the Department of Inspections and Code Enforcement for sites where spatial conditions do not allow for such screening.
(f) Utility Service Area:
Utility service areas must be screened with plantings that will reach a mature height equal to that of the utility service area in three (3) years. This planting requirement does not count toward other planting requirements. Exceptions may be made in limited situations where plantings cannot obtain such heights. Example: cell phone towers.
(g) Display / Outdoor Sales Area:
City of Kenner IX-208 Article IX Unified Development Code Landscaping Regulations (1) Defined as all areas used for the display and/or sales of any and all types of vehicles or equipment, whether such vehicles or equipment are self-propelled or not.
(2) All display / outdoor sales areas must conform to the same screening and tree planting standards as set forth for vehicle use areas.
(3) No singular point within a display / outdoor sales area may be more than fifty feet (50’) from the nearest tree.
Section 9.08 Tree Preservation
(a) Tree Removal Permit :
The tree removal process has been established to allow for a review of site development alternatives that would encourage the preservation of existing, significant trees. A tree removal permit is required prior to clearing any tract of land when one (1) of the following conditions is present:
(1) Tree clearing is proposed for land zoned for commercial, office, industrial or institutional development(s) and the site contains tree(s) with twelve-inch DBH or greater; or
(2) Tree clearing is for proposed residential development(s) greater than one (1) acre.
(b) Tree Preservation:
A tree preservation plan is required in order to receive credit towards the landscaping requirements. The following tree preservation requirements must be followed for a proposed commercial, office, industrial, institutional, or residential development in order to receive credit.
(1) The owner is encouraged to preserve as many existing trees and shrubs as possible in the design and implementation of the landscape plan.
(2) Tree credit rate for each tree preserved is determined by this schedule:
City of Kenner IX-209 Article IX Unified Development Code Landscaping Regulations Table IX-1: Tree Preservation Credit Schedule
Existing Drip line OR Existing Trunk Number of Tree Credits Diameter (DBH) of Preserved Tree(s)** 50 feet or greater in spread 26 inches or greater in diameter 5 40 —49 feet in spread 20 inches in diameter 4 20 —39 feet in spread 9—19 inches in diameter 3 6—10 feet in spread 3—8 inches in diameter 2 *Drip line diameter measurement is rounded off to the nearest foot. **Diameter of trunk (DBH) of preserved tree is rounded off to the nearest inch.
a. All other trees preserved will receive one (1) credit with the exception of Chinese Tallow (Sapium sebiferum), Black Willow (Salix nigra), Cottonwood (Populus deltoids), Camphor Tree (Cinnamomum camphora) and other trees with life spans of twenty (20) years or less or invasive species.
b. Each tree credit is equal to one (1) Class A tree or two (2) Class B trees.
c. Following the issuance of a building permit, trees not designated for tree preservation on an approved landscape plan may be removed.
d. It is the responsibility of the owner to use reasonable care to maintain preserved trees. If a preserved tree dies within eight (8) years, it is the responsibility of the owner to replace that tree with the number of trees credited on a Class A or B matching basis within six (6) months. The owner is responsible for maintaining all plant materials required by this Article in good condition.
e. The tree preservation plan must include the location, size, and condition of each tree to be preserved, along with an indication of proposed development features, which may impact such trees, any other pertinent information as required by the Director of the Department of Inspections and Code Enforcement to evaluate existing and proposed conditions.
f. The tree preservation plan must include a detailed description of all methods to be used to ensure the survival of all trees scheduled for preservation credit, including information required by the Director of the Department of Inspections and Code Enforcement to interpret the intent and methodology proposed.
City of Kenner IX-210 Article IX Unified Development Code Landscaping Regulations g. All tree preservation methodology must conform to the standards of the Louisiana Department of Agriculture and Forestry, the Louisiana Horticulture Commission and the International Society of Arboriculture, or their successor agencies or organizations.
(c) Tree Protection During Construction:
(1) The area beneath the canopy of a tree shall be designated as a tree protection zone and kept safe from harmful impact during site development and construction.
(2) In the erection of any building or structure, the builder, contractor or owner thereof must place tree guards or barriers around all the nearby trees belonging to the City to prevent injury to them, and may not place building materials or trash upon public property without the permission of the Directors of the Department of Inspections and Code Enforcement and Department of Public Works.
(3) Contractors and others doing work on neutral grounds, either for excavation or other projects for which permission has been granted by the Director of the Department of Inspections and Code Enforcement, must give a bond to the Director of the Department of Inspections and Code Enforcement in an amount sufficient to guarantee the payment of all costs for repairing any settlement or other damage or deterioration that takes place in the neutral grounds as a result of the project undertaken by them. The Director of Inspections and Code Enforcement shall determine this amount in accordance with the Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers, current edition.
(4) Trees designated on the tree protection plan as protected trees must be completely enclosed by a fence at least of five (5) feet high, and approved by the Director of the Department of Inspections and Code Enforcement. The limits of the tree fence must extend to the drip line. Tree fence location must be as described on the tree protection plan.
(5) In the event that a point of ingress/egress is required through a grove of trees to be preserved and all alternative routes have been investigated, the Director of the Planning and Zoning Department may allow a temporary pathway through the grove. Such a route will be as narrow as practical, temporarily covered with twelve-inch minutes gravel to protect tree roots from heavy machinery, and enclosed by protective fencing on both sides. A licensed arborist must be hired in order to properly prune tree branches damaged by construction equipment.
City of Kenner IX-211 Article IX Unified Development Code Landscaping Regulations (6) Tree protection fencing must be in place prior to any clearing or site work. Tree protection fencing must remain in place until all construction has been completed or final acceptance has been issued, whichever is last.
(7) Tree protection fencing must carry durable signs designating the area as "Tree protection zone. No entry unless authorized by the Director of the Department of Inspections and Code Enforcement". Such signs must be spaced around the perimeter of all tree protection zones with a maximum spacing of twenty-five (25) feet. Signs must be a minimum eight (8) inches by ten (10) inches in size and must be firmly affixed to the tree protection fence.
(8) Any violation of a tree protection zone will subject the owner to the loss of tree preservation credits and will require the suspension of all work until a revised landscape plan is approved for the project.
(9) Tree protection zones must explicitly follow the terms and conditions of the approved tree preservation plan for that project or site. Any variation must receive the prior approval of the Director of the Department of Inspections and Code Enforcement.
(10) The Director of the Department of Inspections and Code Enforcement may order additional tree protection measures if site conditions warrant them.
Section 9.09 Tree and Shrub Plantings on Public Property
(a) General Provision s:
(1) No person is permitted to cut, disturb, or interfere in any way with the roots of any public tree.
(2) Placement of decorations, wire, rope, signs, posters, barricades, and other fixtures on trees is prohibited.
(3) Injury to trees, including the misuse or removal of any device placed to protect any tree, is prohibited.
(4) Piling of building materials, debris or any other material about any tree or other vegetation is prohibited.
(5) Paving or placing of gravel or other such material under a tree canopy is prohibited unless approved by the Director of the Planning and Zoning Department.
City of Kenner IX-212 Article IX Unified Development Code Landscaping Regulations (6) Dumping, pouring, or spilling of oil, concrete mix, salt or salt water or other substances upon any tree, including the root system, is prohibited.
(7) The Department of Planning shall designate the type of vegetation for all public property.
(8) The Director of Public Works may order that a tree or vegetation that was planted on public property be removed from the public property at the expense of the person or entity, which planted such tree or shrub.
(9) Any person who injures, damages or destroys any tree, or other vegetation or property on public property under the care of the City of Kenner, shall promptly notify the Department of Public Works of such fact and that person shall, within such reasonable time as specified by the Department of Public Works, repair or replace such damaged tree, other vegetation or property to the satisfaction of the Director of Inspections and Code Enforcement.
(b) Permit for Tree and Shrub Planting, Pruning, Removal and Other Maintenance:
(1) No person, including public utility companies, is permitted to remove any tree or shrub growing within a dedicated street area of a public right-of-way or other public property without a permit from the Director of the Department of Public Works. Unless a permit is obtained from the Director of the Department of Public Works, it is unlawful to cut, trim, remove, spray, treat or plant any tree, shrub, hedge, or other plant upon a public right-of-way or other public property within the City. Violation of this section of the comprehensive landscape ordinance will subject the owner to penalties as outlined in Section 9.09 (e) Enforcement, Appeals, and Penalties.
a. In cases where a private person or company has maintained public property prior to the effective date of this ordinance, the private person or company shall be exempt from the permit requirement for the maintenance of the property, including grass cutting, trimming, spraying, treatment and replacement of dead plants. This exemption does not apply to the removal of trees or to new tree or shrub planting.
b. Exemption: If a public utility company has a franchise agreement with the City of Kenner, it shall be exempt from the permit requirements of this ordinance.
(2) An application for a permit to plant, remove, prune or trim any tree or other vegetation in or on public property shall set forth the location in which the vegetation is to be
City of Kenner IX-213 Article IX Unified Development Code Landscaping Regulations planted, removed from or trimmed and be submitted to the Department of Public Works.
(3) The application must include a notarized affidavit in which the applicant agrees to compensate the City for any damages to public property and to waive all claims against the City for personal and property damage sustained by the applicant that may be related in any way to said permit and also agree to indemnify the City against any claims of third parties for personal injury and property damage that may be related in any way to said permit.
(4) The application permit fee shall be twenty-five dollars ($25.00) per permit for all activities involving trees and shrubs with trunks less than four (4) inches in diameter. A separate permit shall be required for each tree or shrub with a trunk four (4) inches or greater in diameter.
(5) A permit may be conditioned on the furnishing of a bond or other adequate financial assurance for the payment of damages incurred as a result of a permit violation.
(6) Approval of a tree or shrub removal permit by the Director of the Department of Public Works may be conditioned on replacement with a new tree or shrub of an approved variety if it is found that such replacement is necessary to maintain an ornamental tree system on the street, block, park or other public property.
(7) Approval by the Director of the Department of Public Works will be given for tree removal when it is found that the particular tree should be removed or is unsafe because of growth which cannot be corrected by proper trimming, because of damage caused by the elements or because of age, disease or other debilitating cause, because of insecure root system which might cause the tree to fall, because of existing or potential interference with street use, because of root interference with subsurface sewer or utility facilities which reasonable root pruning may not correct, or because of any other conditions which he finds whereby such removal will be in the public interest.
(8) All requests for permits required by this Article and denied by the Department of Public Works will be accompanied by a list of reasons for denial.
(9) If the Department of Public Works refuses to grant a permit, the permit applicant may ask for the request to be reconsidered by the Director of the Department of Public Works within thirty (30) days from the date on which the written refusal was issued.
City of Kenner IX-214 Article IX Unified Development Code Landscaping Regulations (c) Public Utilities:
(1) Public utility companies shall submit an annual trim plan by January 31 of each year to the Kenner Planning Department.
(2) The Louisiana Horticulture Law found in La. Rev. Stat. 3:3801 et seq., as amended, and the rules and regulations of the Louisiana Horticulture Commission govern the requirements for licensure of Utility Arborists.
(3) La. Rev. Stat. 3:3808, and the Horticultural Commission Regulation, Louisiana Administrative Code 7:XXIX.117 (I), authorize licensed Utility Arborists to recommend or execute the removal of trees or portions of trees along utility rights of way. Utility Arborists may not use climbing irons in any trees, which are not to be removed except in remote locations where other practical means of tree trimming are not available or as provided in Louisiana Administrative Code 7:XXIX.117.E.3. Utility Arborists are required to carry insurance as provided in Louisiana Administrative Code 7:XXIX.117.E.2.a. Utility Arborists must prominently display the license during all work. All recommendations and pruning practices must meet the standards outlined in the Tree Care Operations – Tree, Shrub and Other Woody Plant Maintenance - Standard Practices, latest edition document number A300, published by the American National Standards Institute (ANSI).
(4) Failure to comply with the standards set forth in this section will result in penalties as outlined in La. Rev. Stat. 3:3810 and R.S. 3:3811.
a. In the case of an emergency, public utility companies may perform a minimum such pruning or digging measures that are necessary to restore or to avoid the loss of service or to abate imminent endangerment to human life without a permit under the following conditions:
b. All pruning or digging within the root system of a tree or shrub shall be done in accordance with the rules, of good arboricultural practice as set forth in the publication Tree Care Operations – Tree, Shrub and Other Woody Plant Maintenance - Standard Practices, latest edition document number A300, published by the American National Standards Institute (ANSI).
c. Any emergency work must be subsequently brought up to appropriate standards to the greatest extent possible, as determined by the Department of Inspections and Code Enforcement. Such remedial work must be commenced as soon as possible.
City of Kenner IX-215 Article IX Unified Development Code Landscaping Regulations d. Notwithstanding the above, said permission need not be obtained by a public utility in connection with providing a service line or drop in the provision of utility service provided at the request of any of its customers.
(d) Parkway Trees and Shrubs:
All persons who are property owners or their agents may trim trees and other vegetation located on public property immediately in front or side of their property between the owner’s private property line and the street right-of-way without a permit from the Director of Public Works. By trimming trees and other vegetation on said public property, such persons who are property owners and their agents shall thereby assume full liability for all damages to public property, that result from the action of said property owners or their agents that is related in any way to the trimming of trees and other vegetation on the public property and to fully indemnify the City including related court costs and attorney fees for any such damages or claims. Persons who are property owners or their agents shall be required to get a permit from the Director of Public Works to plant or remove trees or vegetation on public property other than grass, flowers or shrubs whose maximum size shall be less than thirty inches (30”) in height. No permit fee shall apply to any permit issued to the owners of residential property who reside at such property as outlined in the above Exception; however, approval(s) and indemnification as outlined above shall apply to such permits.
(e) Enforcement, Appeals and Penalties:
(1) If a person or entity who causes damage to trees, shrubs or ground cover on public property fails or refuses to repair or replace the damaged or destroyed trees or other property within a reasonable period time as determined by the Director of Inspections and Code Enforcement, the Director of Inspections and Code Enforcement shall do or cause to be done the necessary repairing or replacement, and the costs of this work shall be recovered from the person responsible for the damage or destruction by proper action of law. In any such action, Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers, current edition, shall form the basis of establishing any monetary damages due for damage or destruction to the tree.
(2) Willful destruction of trees on public property shall render the person responsible liable for the actual cost of replacement, in addition to a fine of two hundred ($200.00) dollars for a small tree and five hundred ($500.00) dollars for a large tree, or be imprisoned no more than thirty (30) days, or both. In addition to the fine, the responsible party shall replace the damaged tree(s) with a specimen(s) of equal size and caliper, as approved by the Director of the Department of Planning, including a five (5) year warranty. If it is not possible to replace the tree with a tree of equal size, the difference in cost shall be met through the planting of as many additional trees as are required to match the monetary value of the destroyed tree. Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers, current
City of Kenner IX-216 Article IX Unified Development Code Landscaping Regulations edition, and shall form the basis of establishing any monetary damages due for damage or destruction to the tree.
City of Kenner IX-217 Article IX Unified Development Code Landscaping Regulations Article X. Storm Water Management
Section 10.01 Intent and Purposes
The storm water management requirements established by this Article are intended to reduce urban runoff and mitigate the effects of new development, redevelopment, or infill development on the existing drainage system by ensuring the preservation of permeable surfaces and requiring the installation of storm water Best Management Practices (BMPs) to slow surface flow of storm water runoff and promote filtration, plant uptake, absorption and infiltration into sub-soils to reduce subsidence rates.
Section 10.02 Enforcement of Provisions
(1) No building permit or certificate of occupancy may be issued for any lot or use subject to the requirements of this Article unless all the requirements of this Article have been met. Failure to implement the storm water management plan, or to maintain the lot or use in conformance with the storm water management plan, is cause for revocation of the certificate of occupancy and/or the application of fines and penalties, as established in this Ordinance. In addition, all landscape is subject to periodic inspection.
(2) Prior to the issuance of a certificate of occupancy, any development that requires a storm water management plan shall have a landscape architect and/or civil engineer licensed in Louisiana certify with signature and seal in an affidavit that the storm water management measures have been installed in accordance with all approved plans and specifications.
Section 10:03 Integration with Landscaping
With the understanding that landscaping is critical to proper storm water management, it is highly recommended that both this and the previous chapter, Article IX: Landscaping Regulations, be read in their entirety before beginning any site planning so that landscaping design measures are incorporated into storm water management in the most efficient and cost effective manner possible.
Section 10.04 Storm water Management Plans
(a) Applicability:
(1) In order to comply with federal, state, and local regulations for urban storm water management, a storm water management plan shall be submitted as part of any new development, including redevelopment, of a site of seven thousand (7,000) square feet
City of Kenner X-218 Article X Unified Development Code Storm Water Management or more of impervious surface, or any new development, including redevelopment, or a site of one (1) acre or more in size.
(2) Single-family and multi-family dwellings of five (5) units or less do not require submittal of a storm water management plan, but shall comply with all other applicable federal, state and local storm water ordinances.
(b) Storm water Plan Submission and Approval:
Three (3) sets of each plan must be submitted to the Director of the Department of Inspections and Code Enforcement. The Director shall approve each plan in consultation with a landscape architect and/or civil engineer licensed in the State of Louisiana prior to issuance of the building permit.
(1) In addition to meeting the requirements herein, each plan must include any criteria that may be required by the Director of the Department of Planning. If disapproved, justification must be given to the applicant.
(2) All reviewed plans will be returned to the designer marked "approved" or "approved as noted" or "denied.” Rejected plans may be returned to the department for re-evaluation once noted corrections are made.
(3) A copy of each approved plan will be archived to ensure that it was implemented as permitted and maintained as required.
(4) For new developments that require final action by the City Council, the applicable storm water plan must be approved by the Department of Planning prior to Council action. If changes occur to the plan after approval, the changes must not compromise the original plan.
(c) Content of Storm water Management Plan:
Storm water management plans shall be prepared by a landscape architect and/or civil engineer licensed in Louisiana. A storm water management plan, including the pre-development runoff rate and the post-development runoff rate, shall contain the following information:
(1) The location of the property and adjacent developments and infrastructure.
(2) Existing site conditions, including a description and map of land cover, contours, soil types, and estimated pollutant load.
City of Kenner X-219 Article X Unified Development Code Storm Water Management (3) Description and development plan of the proposed development, including land cover, contours, and empirically expected pollutant load.
(4) All storm drainage systems, including existing and proposed drain lines, culverts, catch basins, headwalls, hydrants, manholes, and temporary and permanent storm water Best Management Practices (BMPs).
(5) All pertinent calculations and specifications used in the design and construction of the permanent storm water BMPs to retain, detain, or filter the first one (1) inch of storm water runoff during each rain event. Safeguards to prevent short-circuiting of permanent storm water BMPs shall be designed into the system. Capacities of BMPs shall show surface and sub-surface volumes (in aggregate, chambers, cisterns, etc.) in gallons.
(6) Plan implementation, including BMP installation methods, phases, and timelines for installation and maintenance of BMPs.
(7) A plan showing site sub-catchment areas, retention BMP areas and capacities, detention BMP areas and capacities, conveyance BMPs, and storm water runoff treatment train of BMPs in which runoff is filtered through a series of BMPs before entering the City drainage system (surface or sub-surface).
(8) Description of how the proposed drainage and temporary and permanent storm water BMPs will be maintained.
(9) The estimated cost of proposed drainage and temporary and permanent storm water BMPs.
(d) Alternative Compliance:
(1) The standards contained in this Article are intended to encourage development which is economically viable and environmentally sensitive. The standards are not intended to be so specific as to inhibit creative development. Project conditions associated with individual sites may justify approval of alternative methods of compliance with the landscape standards. Conditions may arise where normal compliance is impractical or impossible, or where maximum achievement of the City's objectives can only be obtained through alternative compliance.
(2) Requests for alternative compliance will be accepted for any permit application to which the requirements of this Article apply, when one (1) or more of the following conditions are met:
City of Kenner X-220 Article X Unified Development Code Storm Water Management a. Topography, soil, vegetation, drainage, or other site conditions are such that full compliance is impractical.
b. Improved environmental quality would result from the alternative compliance provisions of this Article.
c. Spatial limitations, irregularly shaped lot, or unusual servitude requirements may justify alternative compliance.
d. Public safety considerations make alternative compliance necessary.
(3) A request for alternative compliance must be submitted to the Director of the Department of Planning when the landscape plan is submitted.
a. The Director of the Department of Planning, in consultation with the Director of the Inspections and Code Enforcement department, may not reduce the requirements of this Article by more than fifty (50) percent.
b. Requests for alternative compliance must be accompanied by sufficient written explanation and landscape plan drawings to allow appropriate evaluation and decision by the Director of the Department of Planning in consultation with the Director of the Department of Inspections and Code Enforcement.
c. Upon review of the request, a determination will be made by the Director of Planning, who shall inform the applicant, by letter, of the determination.
Section 10.05 Storm water Management Requirements
(a) Storm water Management Measures:
(1) Effective on-site storm water management is supported by a combination of storm water BMPs, as outlined in (1)d(b), guided by the following strategies:
a. First, create conditions that allow detention and infiltration of storm water runoff on-site through the use of pervious paving, open vegetated areas, green roofs, blue roofs, and other methods that allow water to permeate back into the ground.
b. Next, additional storm water runoff should be detained, stored, infiltrated, and/or filtered through the use of BMPs.
City of Kenner X-221 Article X Unified Development Code Storm Water Management
c. Finally, runoff in excess of the first one (1) inch shall exit the site through surface or subsurface drainage.
(2) Infiltration practices shall be utilized to reduce runoff volume increases, stabilize subsoils, and recharge shallow groundwater.
(3) Best Management Practices (BMP) shall be employed to minimize pollutants in storm water runoff prior to discharge into a separate storm drainage system or water body.
(4) All storm water management facilities shall be designed to provide an emergency overflow system, and incorporate measures to provide a non-erosive velocity of flow along its length and at any outfall.
(5) The designed release rate of any storm water structure shall be modified if any increase in flooding or stream channel erosion would result at a downstream dam, highway, structure, or normal point of restricted stream flow.
(b) Storm water Best Management Practices:
Storm water Best Management Practices (BMP) minimize runoff, increase infiltration, recharge groundwater, and improve water quality. In order to accomplish the performance standard required by this section, storm water BMPs shall be used. Storm water BMPs shall be designed as described in Bayou Land RC&D’s “Storm water BMP Guidance Tool.” Alternate BMPs may be considered but shall be approved as part of the storm water management plan. The following list of storm water BMPs are not prescriptive, but provide guidance for establishing a site-specific storm water management regime, and include, but are not limited to:
(1) Bioswales: Bioswales are vegetated swales planted with native plants or ornamental grasses. They transport water, allow some to infiltrate, and can be designed as a landscape feature. Bioswales are not grassed but are planted with a variety of wetland plant species that flower, fruit, and have ornamental qualities.
(2) Circular Depressions: Circular grassed depressions are similar to rain groves, but are smaller and contain only grass within the depressions. It is preferable to use multiple circular grassed depressions. Circular grassed depressions should be six (6) inches deep and range in diameter from thirty-six (36) inches to seventy-two (72) inches.
(3) Constructed Wetlands:
City of Kenner X-222 Article X Unified Development Code Storm Water Management Constructed wetlands, such as wet ponds, are commonly used on large development projects such as golf courses, shopping centers, business parks, and industrial sites. These wetlands shall be designed as part of an integrated drainage system, built around lakes and ponds that may include detention areas, retention areas, irrigation ponds, or low-lying areas that collect and store storm water.
(4) Detention/Retention Basins: Wet retention basins are constructed, naturalistic ponds with a permanent or seasonal pool of water (also called a “wet pool” or “dead storage”). Aquascape facilities, such as artificial lakes, are a form of wet pool facility that can incorporate innovative design elements to allow them to function as a storm water treatment facility in addition to a water feature.
Dry extended detention (ED) basins are basins whose outlets have been designed to drain from a full condition within thirty-six (36) to forty-eight (48) hours to allow sediment particles and associated pollutants to settle and be removed. Dry ED basins to not have a permanent pool and are designed to drain completely between storm events. The slopes, bottom, and forebay of dry ED basins should be vegetated.
(5) Disconnected Roof Tops, Recycling, and Irrigation: A disconnected rooftop is one where storm water falling on a building roof is captured and prevented from being added to storm water runoff from a construction site. Since the water is relatively clean, it can be reused for certain domestic use or recycled through an irrigation system for evaporative disposal or to feed moisture to landscape beds, lawns, and tree stands.
(6) Ditch Gardens: Louisiana ditch gardens are a variant of a bioswale that increases water quality. These are constructed by designing long thin but shallow depressions that can be planted with Louisiana wetland plants that trap sediments, infiltrate water, and clean water of pollutants.
(7) Flow Diffusers: Flow diffusers consist of several design features that can accept channelized flow and convert it to sheet flow to disengage the erosive power of running water. Examples of flow diffusers include turf grass panels, vegetative meadows, shallow stone filtration trenches, or basins reinforced with very low earth berms.
(8) French Drains, Infiltration Trenches, and Dry Wells: Infiltration trenches are excavated into the ground either horizontally or vertically and filled with stone aggregate to capture and allow exfiltration of storm water runoff into the surrounding soils from the bottom and sides of the trench or well. Pollutant removal
City of Kenner X-223 Article X Unified Development Code Storm Water Management is achieved by filtration of the runoff through the stone aggregate and soil, as well as biological and chemical activity within the soil. This is called a French drain in Louisiana, and can be fitted with an outflow if soil types warrant such treatment.
(9) Grassed Swales: Grassed swales are designed conveyance devices used to transport water over the surface of the ground to a point of disposal that may be a catch basin, ditch, water body, or a storm water BMP that will filter, infiltrate, evaporate, and clean the water of TSS, solid waste, and other pollutants. Swales are often appropriate along property lines, public streets, and around buildings.
(14) Habitat Preservation and Protection Areas: Habitat Protection Areas (HPA) are large tree protection areas in which a complete habitat of plants, soils, water regimes, animal life, and nutrients work together to produce clean air, pure water, rich soils, and a population of animal life living and growing off of the biological productivity and diversity.
(15) Permeable Pavers, Porous Surfaces, Grass Paving, and Structural Soils: Porous paving reduces site runoff and allows the infiltration of storm water. Structural soils are designed to bear the weight of heavy construction such as parking lots, terraces, and courtyard, but also provide void space for tree roots and storm water infiltration.
(16) Planted Storm water Buffers: Planted storm water buffers can absorb storm water falling on development sites. Planted buffers can improve internal drainage and be linked for maximum storm water collection during rainfall events. Buffers can be built for storm water management along roadways, at property edges, parallel to walkways, driveways, structures, and almost any place on a development site in which open space can be found that can be planted.
(17) Preserved Forest Floors: Rain falling on the tree canopy is managed as soon as raindrops fall on leaves and continues until the roots uptake the water hours after the storm event. This preserves trees and manages storm water, as well as preserves natural habitat and remnant forest stands on development sites.
(18) Preserved Wetlands: Wetlands are characterized as vegetated parcels of land that have standing water for part of the year. Wetlands are also delineated according to existing vegetation and soil types. The Army Corps of Engineers designate a wetland as any low area meeting certain jurisdictional requirements of water, soil, and vegetation. Wetlands within cities are often low areas that trap and hold rainfall and release it at very slow rates of water flow.
City of Kenner X-224 Article X Unified Development Code Storm Water Management (15) Rain Gardens: Rain gardens are small shallow depressions planted with a variety of native or ornamental plants that can treat small amounts of runoff to improve water quality. Rain gardens are generally small collections of water loving plants planted on a low site area that naturally collects rainfall.
(16) Rain Groves: Rain groves are miniature forests that provide multiple services. They provide habitat for birds and other fauna that live close to developed areas. A rain grove will intercept runoff to provide a suitable habitat to grow a variety of wetland trees and shrubs.
(17) Rooftop Runoff Management: Rooftop runoff management captures storm water through a variety of techniques, including green roofs, blue roofs, cisterns, and rain barrels.
(18) Sand Filters: Sand filters are depressions, trenches, barriers, or sand lens constructed of porous mineral matter that improve groundwater recharge to filter, clean, and trap waterborne pollutants.
(19) Stream Bank or Riparian Buffers: A stream bank buffer is a protected area along a water body, such as a stream, bayou, pond, or lake, where development is restricted or prohibited. They can vary in width from twenty (20) feet to two-hundred fifty (250) feet. The widths of the buffer zone is dependent upon the size of the stream, its drainage load, and overflow characteristics, although other factors such as slope, soils, and amount of vegetation are considered.
(20) Tree Protection Areas: Tree Protection Areas (TPA) are small Habitat Preservation Areas (HPA) that are set aside as an area around the trunk of a tree to be preserved on a development site. The purpose of the TPA is to protect the critical root zone (CRZ) of the tree and to prevent damage or interference during construction. This area is established in relation to the tree size, diameter of the crown, diameter of the tree at DBH, and location of feeder roots where most of the water and plant nutrients are absorbed.
(21) Cisterns and Underground Storm water Chambers: Aboveground storm water cisterns and underground storm water chambers are effective long-term storm water management systems. They are primarily used for landscape irrigation with grey water, or to temporarily store and release at a predictable rate of storm water flow.
City of Kenner X-225 Article X Unified Development Code Storm Water Management Article XI. General Sign Regulations
Section 11.01 Purpose and Intent
The purpose of this Article is to establish a comprehensive system of sign controls governing the display, design, construction, location, installation, and maintenance of signs to:
(1) Comply with and to implement the goals and recommendations of the City of Kenner Comprehensive Plan.
(2) Promote and protect the health, safety, and welfare of the City by ensuring the compatibility of signs with surrounding architecture and land uses.
(3) Create a more attractive business and economic climate by enhancing and protecting the orderly and effective display of signs.
(4) Discourage an excessive number of signs, and unsightly and inappropriate signs.
(5) Protect the public from hazardous conditions that result from the indiscriminate use and placement of signs, structurally unsafe signs, signs, which obscure the vision of pedestrians or motorists, and signs which compete or conflict with necessary traffic signals and warning signs.
(6) Avoid visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance.
Section 11.02 General
Unless otherwise provided in this Chapter, the following regulations shall apply to signs in all districts:
(1) The requirements of this Article apply to all signs, sign structures, awnings, and other types of sign devices located in the City of Kenner.
(2) Where there is a conflict between a land use regulation and a structural regulation, or other conflicts not otherwise addressed by this section, the most restrictive applies.
(3) Where this Article is silent, or where the rules of this Article do not provide a basis for concluding that a sign is allowed, said sign is therefore prohibited.
(4) No sign shall be erected to prevent free ingress or egress from any door, window, or fire escape; and, no sign of any kind shall be attached to a standpipe or fire escape.
City of Kenner XI-226 Article XI Unified Development Code General Sign Regulations
(5) 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 devices. If located within direct line of vision of a traffic control device, no flashing or intermittent red, green, or amber illumination shall be used.
(6) Directional or informational signs of a public or quasi-public nature not exceeding four (4) square feet in area may be permitted in any district on approval of the Department of Inspections and Code Enforcement. 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) Whenever a sign becomes structurally unsafe, or endangers the safety of a building or premises, or endangers the public safety, the Department of Inspections and Code Enforcement shall give written notice to the owner of the sign or the owner of the premises on which the sign is located that such a sign be made safe or removed within ten (10) days of issuance of written notice.
(8) Any business or outdoor advertising sign legally existing prior to the adoption of these provisions 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 Section. If damaged to an extent in excess of one-half (½) of its current replacement value, it shall not be rebuilt, provided that nothing contained herein shall be construed to prevent normal maintenance and repairs, repainting, or posting of such signs or structures.
(9) Unless otherwise provided by these provisions, all signs shall be constructed and erected in accordance with all applicable building codes for the City of Kenner.
Section 11.03 Administration and Enforcement
(a) Sign Permit Required:
It is unlawful for any person to erect, relocate, or structurally alter any sign without first obtaining a sign permit in accordance with these sign regulations, unless specifically permitted as an exempt sign by this Article. The Director of the Department of Inspections and Code Enforcement may revoke any sign permit where there has been a violation of the provisions of this ordinance or misrepresentation of fact on the sign permit application.
(b) Master Sign Plan Required:
City of Kenner XI-227 Article XI Unified Development Code General Sign Regulations (1) When more than one (1) wall, projecting, awning or canopy sign is proposed on any multi-tenant building, the applicant must submit a master sign plan for review by the Director of the City of Kenner Department of Planning and Zoning or the Director of the Department of Inspections and Code Enforcement, whichever is required.
(2) A master sign plan must provide a coordinated design for all building-mounted signs and include, at a minimum, criteria and specifications for general appearance, format of message, font size and style, lighting, location and construction materials.
(3) Where signs are located on the wall of a multi-tenant shopping center, they must be located at a generally uniform height on the building wall and may not cover or overhang any architectural feature.
(c) Sign Permit Application Process:
(1) Before any permit is issued, an application shall be filed, together with two (2) sets of drawings and/or specifications (one (1) to be returned to the applicant) as may be necessary to fully advise and acquaint the Director of the Department of Inspections and Code Enforcement with the location, 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 or advertising is anticipated to be changed periodically and where such wording or advertising is not needed in computing the area of the sign.
(2) All signs, which are electrically illuminated by neon or by any other means, shall require a separate electrical permit and inspection.
(3) All signs shall be erected on or before the expiration of six (6) months from the date of issuance of the permit; otherwise, the permit will 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 or firm placing the sign on the premises.
(4) No permit will be issued for any sign that does not conform to the size, location and other criteria in this sign ordinance.
(d) Computation of Sign Dimensions:
(1) Computation of Sign Area
a. The surface area of a sign shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, corporate banding,
City of Kenner XI-228 Article XI Unified Development Code General Sign Regulations representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight (8) lines drawn at right angles. Figure XI -1: Sign Area Computation
b. Sign area calculations do not include any supports or bracing. (Figure XI-1: Sign Area Computation)
c. The sign area of a three-dimensional, free form, or sculptural (non-planar) sign is calculated as 50% of the sum of the area of the four vertical sides of the smallest cube that will encompass the sign. (Figure XI-2:3-D Sign Area)
City of Kenner XI-229 Article XI Unified Development Code General Sign Regulations Figure XI -2: 3 -D Sign Area
(2) Measurement of Sign Height
a. Sign height is measured as follows: When measuring sign height, the height of the entire structure, including decorative elements, must be included. (Figure XI-3: Sign Height)
b. For freestanding signs, height is calculated as the vertical distance measured from grade to the highest point of the sign. Figure XI -3: Measuring Sign Height c. For signs attached to buildings, height is calculated as the vertical distance from the base of the building to which a sign is attached to the highest point of the sign.
d. Sign clearance is calculated as the vertical distance from grade or the base of the building to which the sign is attached to the lowest point of the sign. (Figure XI-3: Sign Height)
(e) Exempt Signs and Activities:
The following sign activities do not require a permit:
City of Kenner XI-230 Article XI Unified Development Code General Sign Regulations (1) Changing of advertising copy or message on an existing legally permitted or legal nonconforming changeable copy sign or similar approved sign.
(2) Painting, repainting, cleaning, changing permitted items of information, or other normal maintenance and repair of a sign, not involving structural changes or changes in the electrical components of the sign without altering the operation of the sign.
(3) Except in a residential district, temporary non-illuminated signs not more than sixty-four (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 (1) such sign for each street frontage.
(4) Non-illuminated sign, not exceeding ten (10) square feet in area with letters not exceeding one (1) foot in height, painted, stamped, perforated, or stitched on the surface area of an awning, canopy, roller curtain, or umbrella.
(5) 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.
(6) For signs necessary for the identification, location, or content on appurtenant structures and equipment, such signs shall be permitted when attached flat against such structures and equipment but shall not exceed one (1) square foot in area.
(7) Temporary political signs, maximum thirty-two (32) square feet.
(8) Flags, pennants, or insignia of any governmental or nonprofit organization, when not displayed in connection with a commercial promotion or as an advertising device. The flagpole shall not exceed the allowed height in the district.
(9) Official traffic signs or sign structures and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency and temporary signs indicating danger.
(10) Signs directing and guiding traffic on private property that do not exceed four (4) square feet in size, each and that bear no advertising message or logo.
(11) Signs not exceeding four (4) square feet in size that are customarily associated with residential use and that are not of a commercial nature, such as signs giving names of occupants, signs on mailboxes and newspaper tubes, and signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
City of Kenner XI-231 Article XI Unified Development Code General Sign Regulations
(12) Hanging signs located below a canopy or awning that are at most 18 inches in height or five (5) square feet in area, provided there is no more than one such sign per customer entrance and the sign maintains a clear height of eight (8) feet above the ground.
(f) Prohibited Signs:
The following types of signs are prohibited within the City of Kenner:
(1) Abandoned sign
(2) Audible signs
(3) Beacons
(4) Off premises outdoor advertising signs except as allowed in Section 11.04 (a) of these sign regulations
(5) Signs having flashing, blinking, or fluttering lights which change light intensity, brightness or color
(6) Inflatable signs except for use in conjunction with grand openings and special events limited to two (2) times per year for a maximum of two (2) days each time (permit required)
(7) Lasers
(8) Portable or trailer signs
(9) Revolving or rotating signs
(10) Roof signs
(11) Search lights
(12) Signs resembling traffic control devices or emergency devices
(13) Signs which encroach into a public right-of-way, except subdivision name signs, when approved as part of a subdivision approval process
(14) Signs on vehicles when the vehicle is placed in a location not normally expected for such vehicles, and the location apparently has the primary purpose of attracting attention or
City of Kenner XI-232 Article XI Unified Development Code General Sign Regulations providing advertising in addition to that permitted for legal wall and/or freestanding signs on the site
(15) Snipe signs, when in the public right-of-way, unless specifically permitted
(16) Any sign not expressly permitted by this ordinance
(g) Nonconforming Signs:
(1) All signs legally existing prior to the adoption of this Article and not conforming to these provisions will be allowed to remain (Nonconformity does not include UL – Underwriters Laboratories - requirements).
(2) No legal nonconforming sign may be enlarged or altered in a way, which would increase its nonconformity with the provisions of this Sign Code.
(3) No conforming sign or sign structure shall be permitted to be erected for the same occupancy with an existing nonconforming sign until the nonconforming sign has been removed or brought into conformance with the provisions of this Article.
(4) Nonconforming signs shall be removed if any one of the following conditions occurs:
a. The sign is relocated on the same premises, moved to different premises, or replaced. b. The structure, height, or size of the sign is altered in any way.
c. The sign is damaged to an extent of one-half (1/2) of its current replacement value. Such sign shall not be rebuilt and shall be removed. Replacement value shall be determined by the property owner obtaining the cost of the sign’s replacement value from several sign companies. d. Nothing contained herein shall be construed to prevent normal maintenance and repairs or repainting of such signs or structures.
(5) Nonconforming temporary signs shall conform to all provisions of this Article upon its adoption. These signs shall be removed within ten (10) days of official notification of nonconforming status by the governing authority.
(6) Removal by Abandonment or Change of Business
a. Any nonconforming off-premise (Billboard) sign, the use or copy of which is discontinued or removed for a period of six months, regardless of any intent to resume or not to abandon such sign, shall be deemed to be
City of Kenner XI-233 Article XI Unified Development Code General Sign Regulations abandoned and shall not thereafter be re-established. Abandonment or obsolescence of a nonconforming sign shall terminate immediately the right to maintain such sign. b. Any nonconforming on premise sign, the use or copy of which is discontinued or removed for a period of six months, regardless of any intent to resume or not to abandon such sign, shall be deemed to be abandoned and shall not thereafter be re-established. Abandonment or obsolescence of a nonconforming sign shall terminate immediately the right to maintain such sign.
(7) Any period of such discontinuance caused by government actions, strikes or acts of God, without any contributing fault by the nonconforming user/owner, shall not be considered in calculating the length of discontinuance for the purposes of this paragraph.
(8) Removal by Damage or Destruction - Any nonconforming off-premise sign which is partially damaged or destroyed by any means, to beyond fifty percent (50%) of its current market or replacement value, that is nonconforming to the requirements of this ordinance, shall not be restored, but shall be removed or reconstructed in conformance with the provisions of this ordinance. If a nonconforming sign is damaged in such a manner that the estimated expense of repairs exceeds fifty percent (50%) of its replacement value, the sign must be removed.
(9) Removal When Not Repaired Within 60 days - Any nonconforming sign removed for any reason, including voluntary removal, whose reconstruction has not commenced within 60 days shall not be permitted to be replaced unless the replacement sign conforms with all requirements of this Sign Code. A nonconforming sign repaired within 60 days may only be reconstructed or repaired to its original condition as to height, area and in the same location.
(h) Enforcement:
The provisions of these Sign Regulations shall be enforced by the City of Kenner Department of Inspections and Code Enforcement.
(1) Enforcement of Removal - If any sign is not removed as required by this section, the Department of Inspections and Code Enforcement shall initiate the necessary proceedings to secure removal of such illegal or nonconforming sign, or secure compliance with the provisions of this Sign Code.
(2) Upon the determination of the Department of Inspections and Code Enforcement that a sign remains nonconforming after termination of the allowable time periods provided for above, the Director of the Department of Inspections and Code Enforcement (or
City of Kenner XI-234 Article XI Unified Development Code General Sign Regulations his/her designee) shall notify the sign owner and/or the owner of the land on which the nonconforming sign is located and such owner shall have 30 days after such written notice within which to remove said sign or to appeal the administrative decision to remove said sign(s).
(3) The removal expense may be made a lien upon such real property by the Department of Inspections and Code Enforcement sending by certified mail to the owner of such real property, a notice of lien for the cost of such removal. All costs associated with obtaining said lien shall be part of the cost of such removal.
(i) Amortization of Legal Non-Conforming Signs:
(1) Legal nonconforming on-premises signs - All legally nonconforming on-premises signs not otherwise prohibited by the provisions of this Sign Code may be continued until:
a. The nature or the name of the business changes or the sign is changed or modified either in shape, size or legend, as provided for in these regulations; or
b. Three (3) years from the date that this adopted code first becomes applicable to the sign, but only if the area of the sign exceeds by greater than fifteen percent (15%) the sign area which otherwise would be applicable under the provisions of this code.
(2) Legally nonconforming off-premises signs - All legally nonconforming off-premises signs not otherwise prohibited by the provisions of this Sign Code may be continued until five (5) years from the date that the adopted code first becomes applicable to the sign.
Section 11.04 Permanent Signs
(a) General Outdoor Advertising Sign (BILLBOARD) Regulations:
(1) Only one (1) general advertising sign is permitted every one thousand (1,000) feet distance measured radially. Corner lots can have general advertising signs on only one (1) street.
(2) City Council Approval - General advertising signs can be either single- or double-faced; however, they are permitted only upon approval by the City Council when the Council is satisfied that the following criteria are met:
City of Kenner XI-235 Article XI Unified Development Code General Sign Regulations a. No general advertising sign shall be located within five hundred (500) feet of any public park or playground of more than one (1) acre, any residential district or any residential structures, measured radially from the outer extremities of the sign.
b. No general advertising sign shall be located in such a manner as to obscure, obstruct, or otherwise physically interfere with the clear or unobstructed view of an official traffic sign, signal, or device, or obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.
c. No general advertising sign will be injurious to other property or improvements in the area in which the sign is located, or cause any diminution or depreciation of property values of any surrounding property. It would be the responsibility of the person claiming such injury, diminution, or depreciation to prove same by clear and convincing evidence.
d. All other provisions for locating a general advertising sign in the City of Kenner are met.
e. All applications for general advertising signs are processed by the Department of Planning in accordance with procedural requirements in Section 9.02 for advertising, public hearings and planning and zoning commission review.
(3) General outdoor advertising signs are permitted only in S-I, L-I and H-I Districts and only on lots of record or approved building sites having frontage on an accepted for maintenance street. These signs shall not be located on alleys.
(4) Maximum length shall be forty (40) feet and maximum area shall be four hundred and twenty (420) square feet. Maximum height shall be sixty-five (65) feet. No variance or exceptions to this provision shall be granted by the City Council for billboards.
(5) General advertising signs shall not be permitted along canal banks or within canal rights- of-way unless a letter of no objection is obtained from the Jefferson Parish Department of Public Works in regards to the specific location requested.
(6) The City of Kenner shall not issue a permit for a general advertising sign until after the applicant has been issued the applicable state permit, and has received written approval or letter of no objection from the New Orleans Aviation Board and the Federal Aviation Administration. 7460-1 – Notice of proposed construction or alteration.
City of Kenner XI-236 Article XI Unified Development Code General Sign Regulations
(7) Final inspection/approval for electrical service shall not be granted until the applicant has provided an as-built survey, certified by a registered land surveyor, verifying that the structure has been built in accordance with the approved permit application; the plan shall show the height, length, sign area, location of the structure, and the dimensions from all property lines.
(8) Electronic Billboards shall follow the provisions in section 11.04 (a) and section 11.04 (e) of these sign regulations.
(b) Attached / Wall Signs :
(1) General Regulations:
a. Wall signs shall be safely and securely attached to the building wall at no less than seven (7) feet above the ground. Wall signs shall be affixed flat against the building wall and shall not project more than eighteen (18) inches from the building wall.
b. No wall sign affixed to a structure, including sign support structure, may project beyond the ends or top of the wall to which it is attached. On existing structures, a parapet wall shall not be constructed for the sole purpose of increasing the allowable height of a wall sign. For new construction, when a sign is to be mounted on a parapet wall, that parapet wall shall be consistent with the architectural design of the building, including building materials. Wall signs may not be attached to un- reinforced masonry parapets.
c. Wall signs shall not cover windows, doors, or architectural features.
(2) Number and Location:
a. No variance may be obtained for sign area requirements of this Article.
b. Maximum sign area:
i. Three (3) square feet per linear foot of primary building frontage elevation area consisting of the wall on which the business or development has its main entrance; or ii. Twenty percent (20%) of the building frontage elevation area on which the sign is to be located. iii. No single attached sign shall exceed three hundred (300) square feet.
City of Kenner XI-237 Article XI Unified Development Code General Sign Regulations
c. Illuminated signs inside of windows, within five (5) feet of such windows shall be included in the computation of aggregate sign area, and in addition shall be limited to ten percent (10%) of the total glass area of the window in which the signs are placed.
d. On corner properties, one (1) additional attached sign shall be permitted on a secondary building frontage elevation area provided the total area of the sign does not exceed fifty percent (50%) of the allowable sign area as for single frontage properties.
e. Developments meeting the following minimum setback schedule shall be allowed a larger attached sign area.
i. Permitted dimensions. Projecting wall signs shall be affixed flat against the building wall and shall not project more than eighteen (18) inches from the building wall.
ii. Permitted height. Attached signs shall be safely and securely attached to the building wall at no less than seven (7) feet above the ground. No attached sign shall be erected above the roof ridgeline of the main building.
iii. Awning and marquee signs. Awning or marquee sign area shall not exceed twenty (20) square feet per sign.
Minimum Setb ack Maximum % of Primary Building Elevation Area
100 -199 Feet 20% 200+ Feet 25%
(c) Freestanding (Detached) Sign Regulations:
(1) Only one (1) freestanding sign is permitted per street frontage. Where bulletin board signs are permitted, such sign will count as a freestanding sign.
(2) No part of a freestanding sign may project or otherwise encroach into a public right-of- way.
(3) Illumination: Freestanding monument signs may be internally or externally illuminated. Freestanding pole signs may only be internally illuminated.
City of Kenner XI-238 Article XI Unified Development Code General Sign Regulations (4) Permitted Sign Area.
a. Maximum of one (1) square foot per linear foot of lot frontage along the adjacent public right-of-way, or three hundred (300) square feet, whichever is less.
b. On corner and through lots only one (1) lot frontage may be used to determine the allowable detached sign area.
c. No variance may be obtained for sign area requirements of this Article.
(5) Permitted Height.
a. Maximum of thirty-five (35) feet.
(6) Permitted Materials. The sign shall be constructed of metal or wood, or encased in a wood frame or other such material, which complement and coordinate with the architectural style of the development.
(7) Design Features. Signs should be coordinated and incorporated into the required landscaped areas. For example, signs should be mounted on earth berms instead of standard support structures whenever possible.
(8) Corner Lots. On corner lots where either lot line exceeds three hundred (300) feet, a second sign shall be permitted with the same requirements for single frontage properties, provided that no such detached sign shall be located across from, adjacent to or within seventy-five (75) feet of a residential development or district.
(9) Secondary Signs on Corner or Through Lots. A second sign may be erected on the second front of a through lot provided the following additional provisions are met:
a. The maximum area of the second sign is one (1) square foot per linear foot of lot frontage along the adjacent side public right-of-way, or seventy (70) square feet, whichever is less.
b. The maximum area of the second sign is twenty (20) square feet if the through lot is located across from, adjacent to or within seventy-five (75) feet of a residential development or district.
c. The maximum height of the second sign is twenty (20) feet.
City of Kenner XI-239 Article XI Unified Development Code General Sign Regulations d. The second sign must be incorporated into a landscaping bed of at least sixty (60) square feet.
e. The landscaping bed shall consist of shrubs, ground cover (excluding grass), and/or other suitable plant materials, and exclude any impervious surface.
f. The second sign must be set back from the lot line a distance of no less than fifteen (15) feet.
(d) Monument Signs: Monument signs are encouraged and the following incentives are offered for the placement of monument signs in lieu of detached pole signs:
(1) In order to encourage their use, a bonus of twenty percent (20%) of the total square footage of the detached sign shall be allowed for a monument sign in lieu of a freestanding detached pole sign. Any or all of this bonus may be allocated to an approved attached or wall sign or included in any area of the monument sign but may not exceed the maximum allowed height of a monument sign.
(2) A monument sign may be located in the most rearward five (5) feet of the required ten- foot landscape buffer area.
(3) Monument signs shall not exceed a height of eight (8) feet from the ground. Mounds or berms on which a monument sign is located shall be no more than two feet in height measured from the average lot elevation.
(e) Electronic Variable Message (EVM) Signs: (1) EVM Sign Lighting: An EVM sign's lighting shall be measured using one (1) of the following methods:
a. Illuminance measurement using a light meter .
i. The distance (rounded to the nearest foot) from which the illuminance is to be measured shall be calculated using the following formula:
∙ = 10.76 ∙ ∆
Where: x = Measurement distance in feet L = Allowable luminance of the sign = 323 cd/m 2
City of Kenner XI-240 Article XI Unified Development Code General Sign Regulations A = Area of the sign in square feet ΔI = Change in illuminance = 0.3 fc
ii. Based on the measurement distance calculated above, the illuminance shall be measured at a corresponding distance perpendicular to the center of the EVM sign face. See Figure XI-4: Illuminance Measurement Point (Plan View)
Figure XI -4: Illuminance Measurement Point (Plan View)
iii. The light meter's photocell shall be set up at the measurement point at a height of five (5) feet above grade. The photocell shall be oriented to face the EVM sign panel. See Figure XI-5, Photocell Orientation (Elevation View).
City of Kenner XI-241 Article XI Unified Development Code General Sign Regulations Figure XI -5: Photocell Orientation (Elevation View)
iv. With the EVM sign displaying a solid white or whitish grey message, a measure of the illuminance shall be taken. For displays, which utilize one (1) color only, the message shall be the solid color of the display.
v. With the EVM sign off, a measure of the illuminance shall be taken.
vi. The illuminance of the sign shall be measured as the change in illumination and shall be calculated using the following formula:
ΔI = Imax - Imin
Where: ΔI = Change in illuminance
Imax = Illuminance measured with the sign on
Imin = Illuminance measured with the sign off
b. Luminance measurement using a nit gun. An EVM sign's luminance shall be measured as the brightest part of the sign.
i. The measurement point shall be located at a distance far enough from the EVM sign that individual LEDs (or other light-emitting source) are not distinguishable but close enough such that only the EVM sign panel is visible in the nit gun's eyepiece (LEDs are grouped in threes: one (1) red, one (1) blue, one (1) green. If these are individually distinguishable, the measurement point must be located further away).
City of Kenner XI-242 Article XI Unified Development Code General Sign Regulations
ii. The nit gun's target area shall be focused on the brightest part of the sign, as determined by the Director of the Department of Inspections and Code Enforcement or the Director's designee, and a measurement shall be taken. See Figure XI-6, Target area.
Figure XI -6: Target Area
(2) Zoning:
EVM signs shall be permitted in the C-1 Neighborhood Commercial and less restrictive zoning districts. EVM signs are prohibited from the Rivertown Historic District, and the RT-C1-PO, Rivertown Neighborhood Commercial Planned Option zoning district.
(3) Number of Signs: Only one EVM sign shall be permitted per development site.
(4) Location: EVM signs shall only be located along street frontage. f. Minimum Yard Setback : Shall be in accordance with the respective zoning district. g. Maximum Height : Shall be in accordance with the respective zoning district.
(5) Area: An EVM sign may be a portion of a sign or may comprise the entire area of a sign. If used as a portion of a sign, the image component of any electronic message sign may
City of Kenner XI-243 Article XI Unified Development Code General Sign Regulations not exceed thirty-five (35%) percent of the sign's total area. Only one (1) sign panel per sign face may utilize EVM technology.
(6) Content: The content of the sign for a development containing a single use is limited to identification by letter, numeral, symbol, or design of the use, its name and/or address, product(s) sold and rates of products sold, unless otherwise noted in these sign regulations. The content of a detached EVM sign for a development of multiple uses may identify individual tenants only.
(7) Spacing: a. EVM signs shall be located a minimum of one hundred fifty (150) feet from a residential zoning district as measured radially from the farthest projection of the sign to the nearest boundary of the residential district.
b. EVM signs shall be located a minimum of one hundred fifty (150) feet of another electronic sign as measured radially as the shortest horizontal distance between the farthest projection of the signs.
(8) Orientation: The sign face and vision cone must be oriented away from the nearest residential zoning district.
(9) Lighting: The sign shall be equipped with light sensors in accordance with the following:
a. Controls: Ambient light sensors shall be installed prior to the sign's erection on a site and shall automatically adjust the light intensity of the sign based on ambient light conditions.
b. Certification: At the time of application for a sign permit, written certification from the sign manufacturer shall be provided certifying that:
i. The EVM provides an Underwrites Laboratories (UL) inspection number;
ii. Ambient light sensors are installed;
iii. The light intensity of the sign has been preset to not exceed the levels established by this section; and
iv. The preset intensity is protected from end user manipulation by password protected software or other approved method.
City of Kenner XI-244 Article XI Unified Development Code General Sign Regulations c. Nighttime lighting: Between sunset and sunrise, as determined by the National Oceanic and Atmospheric Administration, the maximum light intensity shall not exceed three hundred twenty-three (323) candelas per square meter, or three-tenths (0.3) of a foot-candle above ambient light levels.
d. Daytime lighting: EVM signs shall not exceed a maximum illumination of 500 Candelas per square meter during daylight hours. In addition, the signs shall not vary in luminescent intensity.
(10) Display: The EVM sign shall display static messages/images only.
(11) Minimum Duration: Each image and/or message must be maintained for no less than eight (8) seconds.
(12) Message Transition: The transition time between messages and/or message frames is limited to three (3) seconds. The transition from one (1) static message to the next shall be instantaneous.
(13) Prohibited Display Types: The following EVM display features and functions are prohibited: continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.
(14) Glare: Lighting on an EVM sign shall not cause glare, which impairs the vision of the driver of a motor vehicle or to otherwise interfere with the safe operation of a motor vehicle.
(15) Default Image: EVM signs must have a default design or image that will freeze in one position if a malfunction occurs. If a partial or incomplete message freezes or remains static on the sign due to a technical malfunction or a portion of the display face malfunctions, the sign's illumination must be turned off until the sign is repaired.
(16) Prohibited EVM signs: EVM signs are prohibited for the following sign types:
a. Attached signs;
b. Temporary signs;
c. Portable signs;
d. Animated signs; and
City of Kenner XI-245 Article XI Unified Development Code General Sign Regulations
e. Vehicle signs which are used as an on-premises sign, a permanent identification, or to circumvent other parts of this Code.
(17) Audio or Pyrotechnics: Audio or pyrotechnic elements are prohibited.
(18) Conversion:
a. Existing, legally conforming signs may be converted to an EVM sign when all applicable requirements are met.
b. Nonconforming signs shall be prohibited from converting to an EVM sign unless such conversion shall cause the EVM sign to come into full compliance with all applicable regulations of this Code.
(19) EVM signs shall be permitted for religious structures and uses, public buildings, schools, institutions, and other nonresidential principal uses in residential zoning districts provided:
a. The EVM portion of the sign shall comprise no more than fifty percent (50%) of the detached sign area or twenty-five (25) square feet, whichever is less. EVM signs must meet applicable criteria set forth in Article XI, Section 11.04 (e), except that the EVM portion of the sign shall be prohibited from changing messages/images between 10 pm and 6 am.
b. Prohibited signs: The following signs shall be prohibited:
i. Roof signs. ii. Flashing signs and signs with animated and scintillating lights. iii. Off-premise signs.
c. Sign Illumination. All signs shall only be illuminated externally. Illumination shall not be aimed, directed or reflected, focused, or mounted to cause direct light from the luminaire to be directed toward residential or adjoining uses, or to create up light, spill light or glare perceptible to persons operating motor vehicles on public ways. Illumination of the sign face shall not exceed fifty (50) lumens per square foot and flashing, blinking, or scintillating lights are prohibited.
(20) Variances: Variances to the EVM sign regulations may be granted under the following conditions:
a. A variance for the EVM sign's height may be granted by the City Council when:
i. The need for the variance was not created by the applicant; and
City of Kenner XI-246 Article XI Unified Development Code General Sign Regulations ii. The variance is the minimum amount needed to relieve a hardship that is unique to the property.
(21) Exceptions:
a. Pedestrian-oriented Directory and menu signs shall not be considered an EVM sign when the following criteria are met:
i. Number: For the site, only one (1) Directory sign or one (1) menu sign shall be permitted to use EVM technology.
ii. Sign area: The sign shall have a maximum area of three (3) square feet.
iii. Location: The sign shall be attached to the wall within four (4) feet of the building's entrance or window serving walk-up customers.
iv. Copy changes: The sign's copy does not change more than once per day.
b. Menu boards for businesses offering drive-thru services shall not be considered an EVM sign and shall be subject to the following criteria:
i. The EVM portion of the menu board shall comprise no more than fifty (50) percent of the menu board's area.
ii. The menu board shall not be located within the first twenty (20) feet of the front of the development site and shall be located a minimum of twenty (20) feet from any lot line abutting a residential zoning district.
c. The advertised price of motor fuels dispensed by a retail dealer may be displayed on more than one (1) EVM Sign Panel provided that the EVM Sign Panels shall be embedded in a non-EVM sign panel on a detached sign. See Figure XI-7, Embedded EVM sign panels within a non-EVM sign panel.
City of Kenner XI-247 Article XI Unified Development Code General Sign Regulations Figure XI -7: Embedded EVM Sign Panels within a non -EVM Sign Panel
d. An EVM sign may use a travelling transition subject to the following criteria:
i. The sign has an area of fifteen (15) square feet or less.
ii. If the EVM sign is located in the C-1 Neighborhood Commercial or a more restrictive district, including any residential district, the sign shall have no message/image changes between 10:00 p.m. and 6:00 a.m.
(22) Enforcement procedure for nighttime lighting requirements: The Department of Inspections and Code Enforcement shall use one (1) of the following procedures to issue citations for an EVM sign's lighting during nighttime hours:
a. Illuminance measure using a light meter. EVM sign owners and/or operators shall be required to cooperate with the Department of Inspections and Code Enforcement when testing the sign.
i. Upon receiving a complaint about an EVM sign's lighting, the Department of Inspections and Code Enforcement shall send a letter to the property owner. The letter shall include the following information:
1) A summary of the City of Kenner's sign lighting requirements for nighttime and daytime hours.
2) Date and time a Code Enforcement officer will perform the inspection.
City of Kenner XI-248 Article XI Unified Development Code General Sign Regulations 3) Requirement that the sign’s owner/operator be present for the inspection of the EVM sign's lighting.
4) Requirement that a solid white or whitish grey message (for monochrome displays, the message shall be the solid color of the display) be prepared prior to and available during the inspection.
ii. During the inspection, the Director of the Department of Inspections and Code Enforcement or the Director's designee shall take three (3) measures of the EVM sign's illumination, following the procedure set forth in section 11.04 (e) of this Article. The average of the three (3) measures shall be the sign's illumination.
b. Luminance measure using a nit gun. During the inspection, the Director of the Department of Inspections and Code Enforcement or the Director's designee shall take three (3) measures of the EVM sign's illumination, following the procedure set forth in section 11.04 (e) of this Article. The average of the three (3) measures shall be the sign's lumination.
(23) That electronic variable message signs in existence prior to the effective date of this ordinance shall be required to meet the display standards, daytime and nighttime lighting requirements, and dwell time standards not to exceed twelve weeks beginning from the date of the adoption of the ordinance.
(24) That the Planning Department and Planning Commission are hereby authorized to review and make recommendations concerning the electronic variable message sign regulations every five (5) years in order to address future technological advances which would affect the regulation of such signs.
Section 11.05 Temporary Signs
(a) General:
(1) Signs that meet the standards of this subsection are exempt from the standards for permanent signs and are not counted in the total square footage of signage allowed on any particular property or site. Signs that do not meet the standards of this subsection are subject to the standards for permanent signs.
(2) Temporary signs may have external or internal illumination.
(3) Temporary banners: Temporary banners are subject to the following regulations:
c. In all residential zoning districts, temporary banners are not permitted on sites with houses, duplexes, and attached houses. Exception: banners for holidays, religious commemoration, and special family events.
City of Kenner XI-249 Article XI Unified Development Code General Sign Regulations ` d. In commercial and industrial zones, one banner no larger than thirty-two (32) square feet in size is permitted per single-use development site or, on a multi-use development site, per storefront. Only one (1) of these banners may be hung on each building wall or on each separate structure. Any additional banners, or banners larger than thirty-two (32) square feet in size, must meet the following standards for permanent signs in this Code.
i. In no case may a site or storefront have more than two (2) temporary banners. ii. In no case shall a temporary banner be larger than fifty (50) square feet in size. iii. A temporary banner may be displayed no longer than thirty (30) days per calendar year.
e. Banners that do not meet the regulations of this subparagraph, must meet the standards for permanent signs.
(4) Temporary Wall or Fascia Signs:
a. One (1) temporary wall sign is allowed per street frontage in the Commercial and Industrial Zones.
b. Temporary wall signs may be up to thirty-two (32) square feet in area.
c. Temporary wall signs may not extend above rooflines. Extensions into the right-of-way are prohibited.
d. A temporary wall sign may be displayed no longer than thirty (30) days per calendar year.
(5) Temporary Freestanding or Portable Signs:
a. One (1) temporary freestanding sign is allowed per property in the Commercial Zones and is not counted in the total square footage of permanent signage allowed on the site.
b. Temporary freestanding signs may be up to thirty-two (32) square feet in area. Extensions into the right-of-way are prohibited.
c. A temporary freestanding sign may not be displayed longer than thirty (30) days per calendar year.
City of Kenner XI-250 Article XI Unified Development Code General Sign Regulations
(b) Political and Non-Commercial Message Signs:
Political and non-commercial message signs are permitted in all districts and are exempt from sign permit requirements subject to the following:
(1) Signs are limited to thirty-two (32) square feet in area in residential districts and non- residential districts.
(2) Signs may not be posted on any public property.
(3) Signs posted on private property require the permission of the property owner.
(4) When political signs refer to an election or referendum, that signs are limited to display no earlier than sixty (60) days prior to, and removed no later than ten (10) days after, election or referendum to which the sign refers.
(c) Garage/Yard Sale Signs:
Temporary residential garage/yard sale signs are permitted in all districts and are exempt from sign permit requirements, subject to the following:
(1) Temporary residential garage/yard sale signs may not exceed nine (9) square feet each.
(2) Signs shall be posted no more than twenty-four (24) hours prior to the event and all signs shall be removed within twenty-four (24) hours after the event.
(3) Signs may not be posted in the public right-of-way or off-premises.
(d) Real Estate Signs:
Real estate signs are permitted in all districts and are exempt from sign permit requirements, subject to the following:
(1) Maximum Size: Real estate signs are limited to:
a. Six (6) square feet in area in residential districts and may only advertise the sale, rental, lease, or management of the premises upon which said signs are located.
b. Sixteen (16) square feet in size for non-residential developments under two acres, and
City of Kenner XI-251 Article XI Unified Development Code General Sign Regulations
c. Thirty-two (32) square feet in size or six (6) feet in height for all non- residential developments larger than two (2) acres. Only one (1) sign on each street frontage may be erected.
(2) Real estate signs are limited to six (6) feet in height when installed as freestanding signs.
(3) Real estate signs may not encroach into the public right-of-way.
(4) Real estate signs shall be removed within forty-eight (48) hours of sale or lease.
(e) Bench Signs:
Bench signs are allowed only when associated with a public transit stop. A permit is required from the Kenner Department of Inspections and Code Enforcement.
(f) Vehicle and Trailer Signs:
Vehicle and trailer signs may be displayed on any vehicle or trailer operated in the daily conduct of any business enterprise so long as such signs:
(1) Are not parked in front of or in line with any greenbelt or planting areas when on the premise of the business entity operating or advertising on such vehicle or trailer;
(2) Are on a vehicle or trailer which is operable and not parked primarily for the purpose of signage.
(3) Vehicle and trailer signs shall not be used as off-premise signs and shall not be displayed or parked on sites other than the premise of the business entity operating such vehicle other than when the vehicle is being used in connection with the business operations of the entity operating said vehicle or trailer. Such vehicles and trailers may also be parked at the residence of its operator, so long as such vehicle is operated by a resident of the residential property as conveyance to work on a daily or near daily basis. Billboards may not be erected or displayed on any vehicle or trailer.
(g) Flags, Streamers, Banners and Pennants:
Flags, streamers, banners, pinwheels, spinners, or pennants may be displayed in connection with grand openings or special events no more than twice a year for any one business entity or applicant. Such signs may be displayed for a period not to exceed fourteen (14) consecutive calendar days upon the issuance of a temporary permit by the Department of Inspections and Code Enforcement. Applications for such a temporary permit must state the name of the person, firm,
City of Kenner XI-252 Article XI Unified Development Code General Sign Regulations corporation, or organization sponsoring the event, the locations where such device(s) are to be installed and the contemplated dates during which such devices shall remain on display. Banners shall not exceed thirty-two (32) square feet and shall be limited to one banner per premise.
(h) A-Frame Signs:
(1) A-frame signs are limited to six (6) square feet in area per sign face and four feet (4’) in height.
(2) The use of A-frame signs is limited to business hours only and must be stored indoors at all other times
(3) Only one (1) A-frame sign is permitted per business and a minimum twenty-foot (20’) separation is required between all A-frame signs.
(4) An A-frame sign must be placed within twenty feet (20’) of the primary entrance of the business, and must not interfere with pedestrian traffic or violate standards of accessibility as required by the ADA or other accessibility codes.
Section 11.06 Sign Definitions
The following are definitions pertaining to signs:
(1) Abandoned Sign: A sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity on the premises where such sign is displayed, or has fallen into disrepair or otherwise deteriorated as a result of a lack of maintenance, repair or upkeep.
(2) Accessory Sign: 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.
(3) A-Frame Sign: An advertising device, ordinarily in the shape of an “A” or some variation such as a “T” shape, located on the ground, not permanently attached, and easily movable. A-Frame Sign
City of Kenner XI-253 Article XI Unified Development Code General Sign Regulations (4) Alteration: Any change in copy, color, size, or shape, which changes appearance of a sign, or a change in position, location, construction, or supporting structure of a sign, except that a copy change on a sign is not an alteration. Attached or Wall Sign
(5) Animated Sign: A sign, which has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, oscillate, or visibly alters in appearance in a manner that is not permitted by these regulations.
(6) Attached Sign: A sign attached parallel to, but within six (6) inches of, a wall or building, painted on the wall or building surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and displays only one (1) sign surface. Also called Wall Sign. (7) Alteration: Any change in copy, color, size, or shape, which changes appearance of a sign, or a change in position, location, construction, or supporting structure of a sign, except that a copy change on a sign is not an alteration.
(8) Animated Sign: A sign, which has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, oscillate, or visibly alters in appearance in a manner that is not permitted by these regulations.
(9) Attached Sign: A sign attached parallel to, but within six (6) inches of, a wall or building, painted on the wall or building surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and displays only one (1) sign surface. Also called Wall Sign.
City of Kenner XI-254 Article XI Unified Development Code General Sign Regulations (10) Balloon Sign: An inflatable object or balloon, tethered in a fixed location that has a sign with a message on its surface or attached in any manner to the balloon.
(11) Banner: A sign of lightweight fabric or similar material attached at one or more edges to a pole, building, or structure. A flag is not a banner.
(12) Beacon: A strong or bright light focused or
directed in one or more directions. Bench Sign 1
(13) Bench Sign: A sign applied or affixed to the seat or back of a bench.
(14) Billboard: A permanent off-premise sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises where the sign is located. A billboard is also called an outdoor general advertising sign. Bench Sign 2 (15) Canopy (Awning) Sign: A sign that is part of, or attached to, an awning, canopy, or other fabric, Canopy Sign plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee sign is not a canopy sign.
(16) Canopy (Service Station) Sign: A sign that is part of, or attached to, the canopy cover of a gas
station.
(17) Changeable Copy or Message Sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign.
(18) Construction Sign: A nonpermanent sign identifying the persons, firms, or business directly
connected with a construction project. See also Changeable Copy or Message Sign Project Sign.
City of Kenner XI-255 Article XI Unified Development Code General Sign Regulations (19) Conforming Sign: A sign that is legally installed in conformance to all prevailing jurisdictional laws and ordinances.
(20) Copy: The graphic content or message of a sign.
(21) Double-faced Sign: A sign with two faces, back to back.
(22) Electric Sign: Any sign activated or illuminated by means of electrical energy.
(23) Electronic Variable Message (EVM) Sign: 1) An electrically activated changeable sign, which typically uses light emitting diodes (LED) as a lighting source, whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. 2) A sign whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen such as video, television, or plasma screens; holographic displays, an electronic message center or LED display, composed of electrically illuminated segments. A time and/or temperature sign shall not be considered an electronic message sign.
(24) Flag: Any fabric or bunting containing distinctive colors, patterns, or symbols and used as a symbol of a government, political subdivision, or other entity. A photo, drawing or similar depiction of a flag on non-fabric material is not included in this definition.
(25) Foot Candle: An English unit of measurement of the amount of light equivalent to the illumination produced by a source of one candle at a distance of one foot. One-foot candle is equal to one lumen per square foot and can be measured by means of an illuminance meter. Abbreviation – FC.
(26) Freestanding Sign: A sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports and not attached to or dependent for support from any building. See also Pole Sign .
(27) Home Business or Home Occupation Sign: A sign located in a residential district that contains no commercial message except advertising for goods and/or services offered on the premises, where such goods or services may legally be offered on the premises under this Code and other applicable laws and regulations.
(28) Identification Sign: a sign used to identify the name of the individual, family, organization, or enterprise occupying the premises, the profession of the occupant, or the name of the building on which the sign is displayed.
City of Kenner XI-256 Article XI Unified Development Code General Sign Regulations (29) Illuminated Sign: Any sign for which an artificial source of light is used in order to make readable the sign’s message, including internally and externally lighted signs and reflectorized, glowing or radiating signs.
(30) Laser: A device emitting a narrow, very intense beam of light waves that have been amplified and concentrated by stimulated atoms, or the light produced by such device.
(31) Lux: The SI (metric) unit for illuminance. One lux equals 0.093 foot-candles.
(32) Marquee Sign: A permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. Marquee Sign
(33) Menu Board Sign: Signs located adjacent to a drive-through lane that identifies food and beverages offered for sale at the restaurant and associated prices and specials.
(34) Monument Sign: A freestanding sign with the entire length in contact with the ground or a pedestal that rests upon the ground. Menu Board Sign
(35) Mural: A picture on an exterior surface of a structure. A mural is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business.
(36) Nit: A photometric unit of measurement referring to luminance. One nit is equal to one cd/m².
Monument Sign (37) Non-Conforming Sign: A sign in existence on the effective date of this Code that was lawful before this Sign Code took effect but does not comply with the requirements of this Code.
(38) Off-Premise Sign: A sign that directs a person to a different premise or location than that on which the sign is located; which identifies advertised goods, products, or services not available on the premises on which the sign is located; or which conveys a non- advertising idea or message; or identifies or advertises a business, person, firm or corporation not located on or occupying the premises where the sign is located; or which is not otherwise defined as an on-premise sign. See also Billboard and Outdoor Advertising Sign .
City of Kenner XI-257 Article XI Unified Development Code General Sign Regulations
(39) On-Premise Sign: A sign identifying or advertising a business, person, firm, corporation, activity, goal, product, or service located or available on the premises where the sign is installed and maintained or which is displayed and maintained by the owner or occupant of the premises on which it is located.
(40) Outdoor Advertising Sign: A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed. May also be referenced as an Off-Premise Sign, Billboard, or Commercial Outdoor Advertising Sign.
(41) Parapet Sign: A sign extending above a roofline or which serves as a parapet.
(42) Pole Sign: See Freestanding Sign.
(43) Political Sign: Any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure, but not including any billboard owned or maintained by a commercial firm or advertising company when leased or used as a political sign.
(44) Portable Sign: Any sign, display, or advertising device initially designed for being moved or transported, and is not attached permanently to a foundation or a permanent location on the site. Portable signs include, but are not limited to, signs mounted upon a trailer, wheeled carrier or other non- motorized mobile structure, with wheels or with wheels removed.
Project or Construction Sign (45) Pre-Existing Sign: See Non-conforming Sign.
(46) Project Sign: A temporary sign announcing a proposed land development or construction project.
(47) Projected Sign: A sign or visual image created by the projection of light onto a surface.
(48) Projecting Sign: A sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.
City of Kenner XI-258 Article XI Unified Development Code General Sign Regulations Public Sign (49) Public Sign: A sign owned by a governmental entity and installed by a governmental official or employee in the performance of his or her public duty. Such signs include, but are not limited to, safety, danger, trespassing traffic control, memorial, and historic landmark signs.
(50) Real Estate Sign: Any temporary sign pertaining to the sale, lease, or rental of land or buildings, which is erected or displayed on the lot, structure, or parcel to which it applies.
(51) Revolving or Rotating Sign: Any sign whose sign face is designed to move or turn on any axis.
Real Estate Sign (52) Roof Sign: A sign erected or constructed on the roof of a building and supported by the roof structure or that is attached to the roof of a building that projects above the parapet wall or apex of the roof to which it is attached.
(53) Searchlight: A strong or bright light with a reflector in a swivel so that its beam may be sent or directed in various directions.
(54) Sign: Any work, lettering, figures, numbers, phrases, sentences, Roof Sign emblems, devices (including loudspeakers), designs, pictures, trade names or trademarks by which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, place, activity, person, firm, corporation, institution, business, service, commodity or a product, which are visible from the rights-of-way of any street, road, or highway and designed to attract attention.
(55) Sign Area: The area of a sign shall be defined as the square foot area enclosed within the perimeter of the sign face with each face contributing to the aggregate area of any sign. With respect to signs, which are composed of individual symbols, letters, figures, illustrations, messages, forms, or panels, the sign area shall be defined as that area enclosed by one continuous line connecting the extreme points or edges of the advertising message. In cases where there is no definable simple geometric shape, the simplest geometric shape or rectangle enclosing the outer edges of the advertising message shall determine the sign area. In cases of back-lighted awnings with advertising messages, the entire area of the awning shall be considered as the sign area. Criteria for determining sign area are found in Section 11.03 (d) of this Article
City of Kenner XI-259 Article XI Unified Development Code General Sign Regulations (56) Sign Face: The part of the sign that is or can be used to identify, advertise, communicate, inform, or convey a visual representation, which attracts the attention of the public for any purpose. "Sign face" includes any background material, panel, trim, frame, color and direct or self-illumination that differentiates the sign from the building, structure, backdrop surface or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face provided that no message, symbol, or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure, unless it is outlined in neon.
(57) Sign Height: The vertical distance from the finished grade to the highest point of either the sign or sign structure.
(58) Sign Message: The words or symbols on a sign face, which convey a message to those viewing the sign.
(59) Snipe Sign: A sign, which is tacked, nailed, posted, pasted, glued or otherwise attached to poles, stakes, fences, or to other like objects.
(60) Street Banner Sign: Any banner sign, which is stretched across and hung over a public right-of-way. Snipe Sign
(61) Temporary Sign: Any sign that is not permanently or securely attached to a building, sign pole, other structure, or the ground and that can be used only for a designated period of time. Types of temporary sig (5*ns include vehicle, trailer- and skid-mounted signs; banners, portable signs but does not include flags displayed on permanent mountings, freestanding signs, or window signs.
(62) Vehicle Sign: Any sign displayed on or from any mode of transportation, including but not limited to cars, buses, trucks/trailers, trains, boats, or airplanes.
(63) Wall Sign: See Attached Sign.
(64) Window Sign: Any sign placed inside a window or upon the panes of glass of a window and visible from the exterior of the window.
City of Kenner XI-260 Article XI Unified Development Code General Sign Regulations Article XII. Supplementary Use and Performance Standards
Section 12.01 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.
Section 12.02 Exceptions to Height Requirements
The height regulations as stated in this ordinance shall not apply to the following uses; provided, however, that approval of all excesses to height limitations established in other sections of this ordinance is granted by the Board of Zoning Adjustments, along with a “Determination of No Flight Hazard” by the Federal Aviation Administration (FAA), if determined necessary.
(a) Churches, schools, hospitals, sanitariums, public buildings, semipublic buildings, public service buildings, multifamily dwellings, hotels, motor hotels, office buildings and institutions. There shall be no restrictions on the height of such building 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.
(b) Belfries, cupolas, domes, flagpoles, monuments, water towers, transmission towers, chimneys, smokestacks, radio towers, masts, aerials, conveyors, and oil derricks
(c) Bulkheads, elevator penthouses, water tanks, cooling towers, scenery lofts and similar structures, provided that such structure shall cover not more than twenty-five percent (25%) of the total roof area of the building in which such structure is located.
Section 12.03 Supplementary Area and Bulk Requirements
(a) Lot Area:
(1) Where a lot has less area, frontage or depth than the minimum requirements for the district within which the lot is located, and has continuously been a lot of record in separate ownership from adjacent property prior to and since the passage of this ordinance, that lot may be used for any use permitted in the zoning district within which such lot is located.
(2) Where two (2) or more adjoining and vacant lots with continuous frontage are in single ownership at the time of passage of this ordinance and such individual lots have a frontage or lot area insufficient to comply with the requirements of the district in which
City of Kenner XII-261 Article XII Unified Development Code Supplementary Use and Performance Standards they are located, such lots shall be resubdivided so as to create one or more lots which conform, or more closely conform, to the minimum lot area requirements of the district.
(3) No lot shall be created, subdivided, or resubdivided unless it is in compliance with the requirements of the zoning district, except as allowed for in Section 12.03 (a)(2) above.
(b) Required Yards:
Every part of a required yard shall be open to the sky and shall not be occupied or encumbered by any use or structure not authorized in any other section of this zoning appendix, except:
(1) Where accessory buildings are permitted in that portion of a rear or side yard and,
(2) The ordinary projection of sills, belt courses, cornices, and ornamental features projecting not more than eighteen (18) inches.
(3) A roof, a gutter and eaves attached to a building but having no other support may project to the extent of five (5) feet into a required front, rear, and side yard if a minimum distance of two (2) feet remains open to the sky between the furthest projection of the roof, gutter or eaves and the side property line.
(4) Carports or structures of any kind are not allowed in the required front yard.
(5) With the exception of the side yard abutting the street side of corner lots, a porte- cochere or carport may project into a required side yard provided that every part of the projection of such porte-cochere or carport is unenclosed on the side nearest the side lot line.
a. Further, this projection shall be at least three (3) feet from the nearest side lot line and shall not extend more than forty (40) feet in length or more than thirteen (13) feet in height; and
b. Where a storage or utility room is combined with the carport, the sidewall of said storage or utility room is at least five (5) feet from the nearest side lot line.
(c) Porches and Steps:
An open, unenclosed, uncovered porch or terrace not exceeding the ground elevation by more than six (6) inches may project into a required front yard a distance not more than ten (10) feet, but in no case more than half the distance from the required building line to the front property
City of Kenner XII-262 Article XII Unified Development Code Supplementary Use and Performance Standards line; or project into a required side yard to a point not closer than five (5) feet to any side lot line. This shall not be interpreted to include or permit fixed marquees or canopies.
(1) In houses which are retroactively raised to at least the minimum base flood elevation, an open, unenclosed, porch, steps, landing or terrace not to exceed the elevation of the first floor may project into a required front yard by a distance of not more than ten (10) feet, but in no case more than half the distance from the required building line to the front property line; or project into a required side yard to a point not closer than five (5) feet to any side lot line, with the exception of corner lots, on which the side yard along the street shall maintain a ten-foot clearance. Porches or terraces structurally attached to the slab and/or to the main house shall require pile support, if required by the building code, and/or engineering stamp.
(2) For houses which are retroactively raised to at least the minimum base flood elevation; an open, unenclosed stoop not exceeding twenty-four (24) square feet in area, used as a secondary entrance, and associated steps or ramp required to access said entrance, may project up to three (3) feet into the required side yard, no less than two (2) feet from the interior side property line; and no less than five (5) feet from the exterior side property line for corner lots.
(3) A roof may be allowed over the landing or step area, to extend to the furthest-most portion of the landing or steps, but in no case to exceed more than five (5) feet in the required front yard area. This roof shall be attached to the main roof of the main structure, with similar material or approved material, designed to appear to be part of the main structure. This extension of the roof shall be able to withstand maximum hurricane winds as determined by the Kenner Building Code. This subsection shall only apply to those homes that are being raised to the minimum base flood elevation and those that comply with Article XII, Section 12.03 subsection (c)(1) of this ordinance.
(4) In any residential district, no fence, structure, sign, planting, or other obstruction shall be maintained above a height of three (3) 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 (2) points lying on the centerlines of the street intersecting at the corner and ninety (90) feet distance from the point of intersection.
Section 12.04 Use Regulations
(a) Accessory Uses:
(1) Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard provided the water's edge is not located closer than four (4) feet to a rear or interior side lot line.
City of Kenner XII-263 Article XII Unified Development Code Supplementary Use and Performance Standards
(2) Adequate handholding provisions shall be made for pool entry and exit.
(3) Every swimming pool or open water feature shall be protected by a safety fence or barrier approved by the Director of the Department of Inspections and Code Enforcement. A walk space at least three (3) feet in width shall be provided for fifty percent (50%) of the exterior of the pool between the pool walls and protective fences or barrier walls.
(b) Temporary Buildings:
(1) Temporary buildings used in conjunction with construction work only may be permitted in any district during the period the construction work is in progress. Such temporary buildings shall be removed upon completion of the construction work.
(2) Temporary structures may be used for a maximum period of six (6) months for occupancy for a business, pending application for a permit for the permanent structure, upon approval of the Director of inspection and code enforcement. The Director of Inspection and Code Enforcement may also grant an additional extension of three (3) months for this prior to start of construction should he deem circumstances warrant this. Any extensions of time over this must be granted by the Board of Zoning Adjustments.
(3) Temporary buildings, trailers, and storage containers are permitted in every zoning district provided such temporary buildings, manufactured homes and storage containers are located on private property and shall be set back a minimum of five (5) feet from side and rear property lines. Temporary buildings, trailers, and storage containers shall not be permitted within ten (10) feet of the front property line.
(4) Temporary buildings, trailers, and storage containers shall require a permit without cost, which provides the delivery date and length of time the building, manufactured home, or container will remain on the property. The maximum length of time a temporary building, trailers, or storage container can be utilized shall be sixty (60) days. The Director of the Department of Inspections and Code Enforcement may grant a one-time extension upon request should he deem circumstances are warranted.
(5) Only one (1) annual permit per site shall be granted for temporary buildings, manufactured homes, and storage containers. No advertising of any kind except the name and phone number of the owner of the temporary buildings, manufactured homes, and storage containers shall be permitted.
City of Kenner XII-264 Article XII Unified Development Code Supplementary Use and Performance Standards (6) The temporary buildings, manufactured homes, and storage containers shall have locking doors, which operate at all times. No flammable or hazardous materials shall be kept in any of the above-mentioned facilities.
(7) The establishment of a temporary building, trailers, and storage container pursuant to this paragraph shall not be deemed to establish a nonconforming use under this appendix or to allow a change of use under this appendix.
(c) Utilities:
(1) Power plants, heating or refrigerating plants, or apparatus or machinery which are necessary to permitted uses in the residential districts shall be permitted in these districts only if so placed and operated to cause the least inconvenience to owners and tenants of adjoining property; and provided that the above mentioned activities comply with existing ordinances 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 nor a new utility structure other than the usual poles, transformers, and similar appurtenances, wires, underground utilities, electric sub-stations and gas metering and pressure regulating stations shall be established in such districts except when so authorized by the Director of Public Works.
(d) Fences:
(1) Fences may be erected along lot boundaries subject to the requirements of the building code. One (1) segment of fence may be erected in each required side yard area, in alignment approximately parallel to the front lot line and connecting the main building with a fence on or along a side lot line. No fences are allowed in the required front yards.
(2) Fences may be allowed in the required front yards at public and private schools and churches on approval of the City Council per Article VI, Section 6.03 (g) Conditional Use Permits.
(3) Back yard and side yard fences for residential dwellings shall be no less than four (4) feet and no greater than six (6) feet in height, measured from average ground level or street centerline elevation to the highest point of the fence. Height of fence shall include any berms, chain, or retaining walls, if applicable.
City of Kenner XII-265 Article XII Unified Development Code Supplementary Use and Performance Standards
(e) Screening:
(1) Whenever a commercial use or structure is constructed adjacent to a residential use, structure, or district, the commercial use shall construct a six-foot high solid wood or masonry fence along the property line or lines abutting the residential use or district. If that structure or use is in a C-2 district, said fence shall be eight-feet high.
(2) All junk, wrecker, and salvage yards must provide a six-foot high (minimum) wood or masonry fence to screen the view of existing outdoor storage and work areas.
(3) All automobile, motorcycle, boat and manufactured home sales, new and used, and automotive repair operations, must adhere to the following:
a. No parts or waste material shall be stored outside the building.
b. Damaged automobiles, motors, motorcycles and/or other vehicles awaiting repair must be stored in an area enclosed with a solid wood or masonry fence, minimum six (6) feet high, to adequately screen the area from public view.
c. All repair operations, mechanical and body, must be conducted in a building.
Section 12.05 Yard Regulations
The following use restrictions and regulations shall apply to required front, side and rear yard areas as defined in this ordinance:
(a) No A-frames, metal or wood, workbenches, or similar structures shall be placed, stored, or used within the front yard area as defined in this ordinance or within the side yard areas abutting the side street on corner lots as defined in this ordinance.
(b) No automotive or motor vehicle repair work other than minor motor adjustments, minor parts replacement, and flat tire repair to vehicles owned by the occupant and registered to the address of said premises shall be performed or conducted within the front yard area as defined herein or within side yard areas abutting the side street on corner lots as defined herein. Permissible minor motor adjustments, minor parts replacement, and flat tire repairs as referred to herein, include by way of illustration, but not in limitation thereof, the removal, replacement and/or repair of distributor, carburetor, alternator, water pump, radiator, muffler system, and brake system. Permissible minor repairs as referred to herein shall not include by way of illustration, but not in
City of Kenner XII-266 Article XII Unified Development Code Supplementary Use and Performance Standards limitation thereof, the removal of engine heads, engine blocks, transmission, axles, body components, and valve jobs.
(c) All motor vehicle repairs, except minor as defined herein, conducted in side yard areas, other than side yard areas abutting a side street on corner lots, and rear yard areas in residential districts, must be done between the daylight hours only or in an enclosed building.
(d) No type of commercial automotive or motor vehicle body repair, painting, welding, or sandblasting is allowed in residential districts.
(e) Motor vehicle parking is prohibited in the required front yard, except on paved driveways.
Section 12.06 Accessory Buildings
(a) With the exception of the side yards abutting the street sides of corner lots, 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 sixty (60) feet from the front lot line and not less than three (3) feet from the side lot line. On through lots, an accessory building that is not part of the main building may be built in a required side yard, other than the side yard abutting the street side of corner lots, if no part of such accessory building is less than three (3) feet from the side lot line and no portion of such building is located in either front yard.
(b) On corner lots, accessory buildings are not permitted in required side yards on the side street side or within any portion of the rear yard area, which lies between the side street and the prolongation of the required side yard line into the rear yard area.
(c) Accessory buildings may be built in a required rear yard, but such accessory buildings shall not occupy more than forty percent (40%) of the required rear yard, provided that in any area 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 (3) feet from either side or rear lot line.
(d) Accessory buildings or structures permitted in a required rear or side yard shall not exceed thirteen (13) feet in height.
(e) The combined gross area of all accessory buildings or portions thereof located in side and rear yards shall not exceed forty percent (40%) of the required rear yard area, nor shall more than one accessory building cover any part of a required side yard.
City of Kenner XII-267 Article XII Unified Development Code Supplementary Use and Performance Standards (f) Prefabricated utility accessory buildings, built with factory-made panels and initially designed for storage purposes, are allowed in rear yards only. Maximum area shall be two hundred (200) square feet.
Section 12.07 Townhouses
(a) These regulations apply to townhouses in any zoning district where permitted.
(b) In no case will the density be greater than that allowed in the district where townhouses are to be constructed. However, substandard lots of record may be developed containing an area of not less than two thousand (2,000) square feet per unit.
(c) Building frontage, measured at a building line, for individual units of a townhouse may not be less than fifteen (15) feet. Lot width for end units shall be adequate to provide front and side yards for the district in which the townhouses are located.
(d) For the purpose of the side yard regulations, a townhouse building shall be considered as one building on one lot with side yards required for end units only. Townhouses with three (3) or more units where the side yard is adjacent to a single-family residential district shall not be less than fifteen (15) feet.
(1) The front and rear yards required for townhouses shall be as required for the district in which they are being constructed.
(2) A detached garage, carport, or other accessory building shall be permitted in the required rear yard on a lot occupied by a townhouse, but in no instance shall be permitted in any other required yard area on the lot.
(3) No more than eight (8) dwelling units shall be included in any one-townhouse building.
(4) The façades of dwelling units in a townhouse shall be varied by changed front yards of not less than three (3) feet and variation in materials or design so that no more than two (2) abutting units will have the same front yard depth and the same or essentially the same architectural treatment of façades and roof lines.
(5) Required off-street parking space of one space per dwelling unit must be provided on the lot or within one hundred fifty (150) feet of the lot in any permitted area and cannot occur in the required front yard.
City of Kenner XII-268 Article XII Unified Development Code Supplementary Use and Performance Standards Section 12.08 Manufactured Home Parks
(a) All ordinances of the City of Kenner regulating manufactured home and manufactured home parks must be complied with, specifically Chapter 54 of the Building Code of the City of Kenner.
(b) Manufactured home parks shall be allowed in S-I, L-I, and H-I Districts only and shall conform to the following requirements:
(1) A manufactured home park shall be located on a site of not less than one acre and shall not contain more than twenty-four (24) manufactured home sites per acre. Individual manufactured home sites shall contain an area of not less than one thousand seven hundred and fifty (1,750) square feet.
(2) A manufactured home park shall be connected with a street by a paved driveway or driveways constructed in accordance with appropriate ordinances and regulations.
(3) A front yard at least twenty (20) feet in depth shall be provided.
(4) Side yards of not less than five (5) feet shall be provided; however, on corner sites a side yard of not less than ten (10) feet in width shall be provided.
(5) A rear yard of not less than twenty (20) feet in depth shall be provided.
(6) Required front, rear, and side yards shall be planted with grass, shrubs, or trees and all planting must be maintained in a manner not obstructing sight distances for vehicles entering or leaving the manufactured home park.
(7) The manufactured home park shall be separated from the abutting property and the required front yard and on a corner lot from the required side yard on the street side by a solid fence at least five (5) feet, but not in excess of seven (7) feet in height.
(8) Individual manufactured home sites shall provide a front yard having a minimum depth of five (5) feet. Appendages, expansions, canopies, or attachments to the manufactured home shall not protrude into any required yard area.
(9) Individual manufactured home sites shall provide two (2) side yards having a combined width of thirteen (13) feet; in no case shall either side yard be less than five (5) feet. Appendages, expansions, canopies, or attachments to the manufactured home shall not protrude into any required yard area.
City of Kenner XII-269 Article XII Unified Development Code Supplementary Use and Performance Standards (10) Individual manufactured home sites shall provide a rear yard having a minimum depth of five (5) feet. Appendages, expansions, canopies, or attachments to the manufactured home shall not protrude into any required yard area.
(11) Off-street parking space for automobiles shall be provided in the ratio of at least one parking space per manufactured home in location convenient to individual manufactured homes or groups of manufactured homes. Parking is not allowed in the required front yard.
(12) No signs shall be erected upon such manufactured home parks except not more than one (1) sign shall be permitted at each entrance for directional and identification purposes. Such signs shall not exceed ten (10) square feet nor extend more than ten (10) feet in overall height above the ground and shall not project into required yard areas more than six (6) inches.
(c) All manufactured home parks located in the City of Kenner:
(1) Shall have one (1) sign listing the manufactured home park name and address located at the main entrance to the park site.
(2) Each sign shall include a map diagram showing the names of all streets in the manufactured home park (private or public).
(3) Each manufactured home in the park shall be numbered with a uniform twelve (12) by twelve (12) inch sign on a four-foot high post made of weather-resistant material. Said sign shall be located and maintained in the front of each manufactured home giving a clear and unobstructed view from the road giving access and ingress to said manufactured home.
(4) Any change of street names by new owners of the manufactured home park shall be submitted to the City of Kenner Planning and Zoning Department and the Fire Department prior to the official name change.
(5) A copy of the street map of the manufactured home park with the names of each street and the number of manufactured homes located thereon shall be supplied to the City of Kenner Fire Department.
(6) All existing manufactured home parks must comply with all provisions of this ordinance.
City of Kenner XII-270 Article XII Unified Development Code Supplementary Use and Performance Standards Section 12.09 Use of Manufactured and Modular Homes as a Single-Family Detached Use on Individual Lots of Record
(a) Purpose:
The purpose of this provision is to permit an affordable alternative to single-family frame built residential units by permitting single-family detached manufactured homes or modular units to be located in certain zoning districts on individual lots of record when it is determined by the Board of Zoning Adjustments via a site plan review, that the health, safety, welfare and harmony of the community will be served.
(b) Permitted Use:
(1) The only use allowed under this provision shall be a manufactured or modular home, as defined herein, used as a single-family detached residence, and shall be allowed only in the R-2 and R-3 zoning districts.
(2) All accessory and supplementary regulations as provided and allowed in the R-1 Single- family residential zoning district shall apply.
(3) Travel trailers, recreational vehicles, and motorized homes, as defined elsewhere herein and similar vehicles, shall not be deemed eligible for this use under this provision.
(c) Application Procedure:
(1) Applications for new manufactured and modular homes shall be processed through the Department of Planning and Zoning. Once a complete application has been accepted by the Department of Planning and Zoning, the case shall be advertised for a Board of Zoning Adjustments public hearing.
(2) Notices shall be sent to the addresses on both sides of the street or road on which the property fronts, as well as the street or road immediately to the rear of the property, within two hundred fifty (250) feet of said property. Should the property on which said modular unit or manufactured home is to be placed be situated on a corner or intersection of two (2) or more streets, then the property owners on both sides of said street and/or roads, within a radius of two hundred fifty (250) feet thereof shall be notified.
(3) The Board of Zoning Adjustments shall conduct a public hearing regarding the matter and make its final decision of approval; approval with stipulations; or denial.
City of Kenner XII-271 Article XII Unified Development Code Supplementary Use and Performance Standards
(d) Performance and Criteria Standards:
The following performance standards and criteria shall be used by the Board of Zoning Adjustments in determining the merits of a proposal:
(1) Lot area: A site shall contain a minimum of five thousand (5,000) square feet with a minimum frontage of fifty (50) feet and a minimum depth of one hundred (100) feet.
(2) Density: There shall be no more than one detached residential unit per one lot of record with a minimum of five thousand (5,000) square feet.
(3) Height: No building shall exceed the maximum height established for the respective district.
(4) Front yard: There shall be a front yard having a depth of not less than twenty (20) feet, provided; however, that where the average depth of existing front yards on lots improved with buildings located within one hundred (100) feet on either side of such lot, front on the same street as such lot and within the same square, is less than the minimum required front yard, the front yard on such lot may be the average of the existing front yards. However, no front yard shall be less than ten (10) feet. On through lots, the required front yard shall be provided on both streets.
(5) Side yard: There shall be two (2) yards having a combined width of not less than twenty percent (20%) of the width of the lot provided that in no case shall either side yard be less than five (5) feet and provided further that the combined width of two (2) side yards need not exceed twelve (12) feet. Appendages, carports, canopies, or attachments to the main structure shall not protrude into any required side yard. On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet unless otherwise provided herein.
(6) Rear yard: There shall be a rear yard having a depth of not less than twenty (20) per cent of the depth of the lot, provided; however, that the depth of such rear yard shall not be less than fifteen (15) feet and need not exceed twenty-five (25) feet.
(7) Parking: There shall be a minimum of two (2) impervious off-street parking spaces. Parking shall not be located in the required front yard nor shall parking be permitted on lawn or other green area in the front yard.
(8) Base Flood Elevations: All sites shall meet or exceed established flood grades.
City of Kenner XII-272 Article XII Unified Development Code Supplementary Use and Performance Standards (9) Foundation: All foundations shall be of such strength as to adequately support the structure. Plans for the foundation shall be approved by the Department of Inspections and Code Enforcement.
(10) Undercarriage: The undercarriage of manufactured homes shall be screened from view by skirting of metal, wood, masonry or similar suitable materials as determined by the Department of Inspections and Code Enforcement.
(11) Anchoring & tie downs: All manufactured homes shall be securely anchored to the ground at all corners per the Department of Inspections and Code Enforcement’s approval.
(12) Sidewalks: Paved walks, driveways, and sidewalks shall be installed to the required grade.
(13) Address and mailbox access: Addresses and mailboxes shall be provided and made accessible from the roadway for identification and service.
(14) Other considerations: In addition to meeting the aforementioned performance requirements, other considerations shall include the existing land use patterns and types of existing construction within the neighborhood.
a. The structure shall be to scale with other single-family dwellings located on the same street.
b. Exterior architectural features shall be consistent with the majority of surrounding residences.
c. Metal buildings are prohibited.
(e) Six-month Limitation:
If a decision of denial is rendered by the Board of Zoning Adjustments, then the same or similar application shall not be resubmitted to the Planning Department for a period of twelve (12) months from the date of the final vote of denial.
If permits are not applied for within six (6) months of approval by the Board of Zoning Adjustments, the approval by the BZA will be null and void.
Section 12.10 Group Homes
(a) Group homes are licensed and regulated by the State of Louisiana.
City of Kenner XII-273 Article XII Unified Development Code Supplementary Use and Performance Standards
(b) Group homes are subject to all federal regulations, regulations of the Louisiana Administrative Code, and local zoning regulations. Federal and/or State regulations shall take precedence over local regulations.
(c) Group homes shall be permitted in any of the residential districts in the City of Kenner
(d) Group homes shall be located no closer than one thousand (1,000) feet from any other existing group home, as measured from the nearest point of the lot line on which such use is proposed to be located to the nearest point on the lot line on which any other existing similar use is located.
(e) A group home shall encompass the entire dwelling.
(f) The location, design, and operation of the group home shall not alter the residential character of the neighborhood. The facility shall retain a residential character, which shall be compatible with the surrounding neighborhood. New buildings shall be non-institutional in design and appearance and physically harmonious with the neighborhood in which they are located, considering such issues as scale, appearance, density, and population.
(g) Group homes are divided into the following sizes:
1. Group home - small: Up to six (6) residents
2. Group home - large: Seven (7) to fifteen (15) residents
3. Group home - congregate: Sixteen (16) or more residents
Section 12.11 Automobile Sales Establishments: New, Used, and Rental
(a) Automobile sales establishments shall only be located in those districts where they are specifically permitted as per Article VI, Zoning of this ordinance.
(b) Site Development Criteria:
(1) No automobile sales establishment may locate any closer than one thousand (1,000) feet from any established, operational, automobile sales or rental establishment. The distance shall be measured radially from the subject property lines.
(2) All automobile sales and rental establishments shall have a permanent office building, which meets all current building, safety, and sanitary codes of the City of Kenner, as a
City of Kenner XII-274 Article XII Unified Development Code Supplementary Use and Performance Standards primary structure. No portable, temporary, or manufactured building shall be used as the primary structure.
(3) Public rights-of-way shall not be used for parking, storage, or display of vehicle inventory.
(4) Parking: All automobile sales establishments shall provide dedicated off-street customer parking spaces over and above those spaces used for inventory parking. Parking shall comply with Article VII, Off-Street Parking & Loading Regulations of this ordinance.
(5) The outdoor area devoted to storage, loading, parking and display of vehicles shall only take place on the same lot with and ancillary to a sales room. Such areas shall not be used for the storage or display of vehicles that are not in operating condition. Inoperable vehicles shall be screened from public view by a solid wood or masonry fence as required by Sec. 12.04 (e) of this ordinance.
(6) Surfacing: All areas for required parking and storage must be hard-surfaced (concrete, asphalt, or pervious paving). Limestone, gravel, and similar surfacing materials are not allowed.
(7) Landscaping: As per Article IX of this Ordinance.
(8) Signs: As per Article XI of this Ordinance.
Section 12.12 Service Stations and Similar Uses
Proposals for service stations, gas stations, and similar establishments must provide a utility survey illustrating the layout of proposed underground piping and all existing sewer, water, and drainage lines on site and within fifty (50) feet of the site shall be shown on the plans. Said plans must be approved by the City of Kenner Fire Department and the Department of Public Works.
Section 12.13 Exterior Lighting
(a) Purpose:
These regulations are intended to minimize excessive light trespass and to contribute to the safety and welfare of the residents of the City of Kenner and implement the goals and policies of the City of Kenner’s Comprehensive Plan to increase security and promote public safety by providing sufficient lighting levels for vehicular and pedestrian access at a development site, improve aesthetics in the commercial areas of the City, and to reduce and eliminate problems with glare and light trespass.
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(b) General:
The light source shall be concealed and shall not be visible from any street or adjacent lot or site. In order to direct light downward and minimize the amount of light spill into the night sky and onto adjacent streets, lots, or sites, all light fixtures shall be cutoff fixtures.
(c) Lighting Regulations in all Districts:
(1) In commercial, industrial, and mixed-use districts, a lighting plan must be submitted as part of a site plan review prior to submitting an application for a building permit.
(2) Spotlights and floodlights shall be angled so that the center of the beam will strike the ground within the said property line.
(3) Any exterior lighting that can be reasonably expected to create a nuisance to the adjacent neighboring properties is prohibited.
(4) Lighting Prohibitions all Districts:
a. Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited.
b. Searchlights. The operation of searchlights for advertising purposes is prohibited.
c. Commercial landscape lighting, which is above the 90-degree plane, is not permitted in order to omit excessive light glare.
d. No security flood lighting shall be allowed from any building, structure, improvement or light standard located on any lot or site.
(5) Glare Prohibited:
a. Light used to illuminate any parking area abutting a residential district shall be so arranged as to reflect light away from the residential district.
b. The maximum permitted illumination at the property line is two (2) foot- candles. The cone of light must be contained on-site and must not cross the property line. OR
c. See Table XII-1: Outdoor Lighting Intensity Specifications.
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Table XII-1: Outdoor Lighting Intensity Specifications At Property Lines Minimum Foot -candles Maximum Foot -candles Adjacent to a residential None 0.5 use Adjacent to commercial None 1.5 or light industrial use Adjacent to office or None 1.0 public uses
(d) Lighting on Buildings:
(1) No light fixtures mounted on the exterior of a building shall be mounted above the fascia of the roof or above the top of any building parapet wall.
(2) Building exterior lighting shall be adequately controlled downward, using a building detail or some type of shield or cutoff device, to prevent glare. This includes light fixtures mounted beneath building canopies, porches, covered walkways, or eaves.
(3) Canopy fixtures shall use recessed lens covers flush with the bottom surface of the canopy that will provide a cutoff or shielded light distribution. It is the intent of this requirement that the light source not be visible.
(4) Building wall pack type light fixtures may be used in loading or service areas and shall not be mounted higher than ten (10’) feet above finish grade. Building wall pack light fixtures shall incorporate sharp cutoff devices or shields to eliminate or prevent glare or undesirable illumination of other lots or sites.
(e) Lighting for Parking Lots and other Vehicular Use Areas:
(1) Vehicular Use Area light standard (a concrete footing or foundation, light pole and light fixture, combined) shall be no lower in height than eighteen (18’) feet and no taller in height than twenty-six (26') feet. The light standard height shall be measured from the top of the vertical curb of the vehicular use area directly adjacent to or nearest to the light standard to the very top of the light standard.
(2) All vehicular use areas must be lit using a “down” or "cutoff" type fixture, which concentrates the light downward onto the surface below to be illuminated to eliminate or prevent glare or any undesirable illumination of adjacent properties.
City of Kenner XII-277 Article XII Unified Development Code Supplementary Use and Performance Standards Section 12.14 Home Occupations
(a) Required Standards for Home Occupations:
(1) The individual licensed for the home occupation shall live in the dwelling.
(2) No more than one (1) home occupation license shall be issued per family dwelling.
(3) No person shall be employed on the premise, who is not a bona fide resident of the dwelling.
(4) The use of the dwelling unit for home occupation shall be clearly incidental and secondary to its use for residential purposes. Not more than twenty percent (20%) of the living area of the dwelling unit or 400 square feet, whichever is the lesser, shall be used in the conduct of home occupations.
(5) No outdoor display or storage of inventory, equipment, or supplies associated with the home occupation is permitted.
(6) There shall be no change in the exterior appearance of the building or premises as a result of such occupations, with the exception of a sign as provided in Article XI, General Sign Regulations.
(7) No home occupation shall be conducted in any accessory building.
(8) No mechanical equipment shall be used or stored on the premises except that which is normally used for purely domestic or household purposes. The home occupation shall not create noise, vibration, glare, fumes, odors, dust, smoke, or heat detectable to the normal senses outside the dwelling unit. No equipment or process shall be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage. There shall be no illegal discharge of any materials, fluids, or gases into the sewer or drainage system or any other manner of discharging such items in violation of any applicable government code.
(9) No more than one (1) home occupation related vehicle, regardless of the number of home occupations, is permitted at any (1) one premises. Any such vehicle must be twenty (20) feet or less in overall length and not more than seven (7) feet in overall height and must be parked off any public right-of-way. All exterior storage of cargo, equipment or other material on the vehicle shall be shielded from view at all times when such vehicle is located on a residential lot.
City of Kenner XII-278 Article XII Unified Development Code Supplementary Use and Performance Standards (10) An "address of convenience" consists solely of the receiving of phone calls, mail, and keeping business records in connection with any profession or occupation, and shall not require a home occupation permit. A business that receives clients or customers is not an “address of convenience" but shall be considered a “home occupation” and must meet all the requirements of this section.
(11) When in compliance with the requirements of this section, a home occupation includes, but is not limited to, the following:
a. Art studio;
b. Day care for not more than six (6) children, including any children of the adult provider;
c. Dressmaking and tailoring;
d. Professional office of a lawyer, engineer, architect, accountant, salesman, or other similar occupation;
e. Teaching or tutoring, including musical instruction and dance instruction, limited to not more than two (2) pupils at a time;
f. Typing/word or data processing service.
(12) The following uses are not to be considered appropriate as home occupations uses. Personal services including:
a. Cosmetology, barbershops, beauty parlors, kennels, dog grooming;
b. Real estate and insurance offices;
c. Radio, television and appliance repair, cabinet making, boat building for others.
d. Auto servicing or rebuilding and repair for others;
e. Contractor’s offices;
f. Metal fabrications or cutting, employing welding or cutting torches, ambulance service, helium balloons, house painters; and
g. Other uses similar in nature or in effect on the surrounding neighborhood.
(13) Home occupations that exist as legal uses shall not be allowed to continue once the occupants who have established the legal use status no longer occupy the premises.
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(14) The City of Kenner Department of Inspections and Code Enforcement shall determine whether the home occupation meets the established criteria and shall issue a home occupation permit when such application is in compliance with the established criteria.
(15) Once an applicant meets all of the criteria for a home occupation, an occupational license may be issued from the Kenner Department of Inspections and Code Enforcement.
Section 12.15 Telecommunications Towers
(a) Telecommunications transmission towers, monopole telecommunications towers, masts, aerials, antennas, and related communication equipment shelters must be located only in the Special Industrial Districts S-I, Light Industrial Districts L-I, and Heavy Industrial Districts H-I, subject to criteria listed in subsection (e), Criteria for Standard Telecommunications Installations, below. (b) Monopole telecommunications towers, masts, aerials, antennas, and related communication equipment shelters will be allowed in the General Commercial Districts C-2, Special Industrial Districts S-I, Light Industrial Districts L-I, and Heavy Industrial Districts H-I, subject to criteria listed in subsection (e), Criteria for Standard Telecommunications Installations, below. (c) Monopole telecommunications towers, masts, aerials, antennas, and related communication equipment shelters shall be allowed in the Single-Family Residential Districts, R-1, R-1A, Two- Family Residential Districts R-2, Three-and Four-Family Residential Districts RR-3, Multiple-Family Residential Districts R-3, Neighborhood Commercial Districts C-1, General Office Districts G-O, and Recreation Districts RD, on nonresidential uses or sites in said districts provided the following criteria are met: (1) No new site may be established if there is a technically suitable place available on an existing communications tower within the search area that the new telecommunications site is to serve. For the purpose of this ordinance, the search area is defined as the grid for the placement of the telecommunications structure. (2) The minimum lot size on which a monopole telecommunications transmission tower or antenna is to be located shall be the minimum lot size for the zoning district, or five thousand (5,000) square feet, whichever is greater, and shall be of sufficient size to contain onsite any debris from tower or antenna failure. (3) No new site will be allowed within a one thousand-foot radius of existing monopole telecommunications transmission towers or antennas within the district. (4) Permitted Height. The maximum height of any monopole telecommunications transmission tower, mast, aerial, and/or antenna shall be sixty-five (65) feet. The height shall be measured from the top of the telecommunications structure to grade and shall include the height of any building or other structure upon which the telecommunications structure is mounted. (5) Setbacks: a. The monopole telecommunications transmission tower must be setback from all property lines by a distance of twenty percent (20%) of the height of the
City of Kenner XII-280 Article XII Unified Development Code Supplementary Use and Performance Standards tower or by the rear yard setback required for the zoning district, whichever is greater. b. Communication equipment shelters must meet the minimum setback standards for accessory structures in the zoning district and shall not be used for offices, long-term vehicle storage, or other outdoor storage. c. In no case shall a monopole telecommunications transmission tower be located in the required front yard of a lot. d. The distance from the base of the monopole telecommunications transmission towers, masts, aerials, and/or antennas to the nearest property line of any residential use shall not be less than the height of the telecommunications structure from the top of the telecommunications structure to grade. 6. General Design Standards, Fences, and Landscaping: a. General design standards: The entire facility must be aesthetically and architecturally compatible with its environment. The use of compatible materials such as wood, brick, or stucco is required for communication equipment shelters, which shall be designed to architecturally match the exterior of structures within the zoning district. b. Fences and Landscaping: i. Existing onsite vegetation shall be preserved to the maximum extent practicable. ii. Solid walls or fences constructed of wood, brick, masonry or a combination thereof shall be used to secure the site and screen the site from public view. iii. All walls or fences shall be used in conjunction with landscaping. The portion of the telecommunications site or that portion of a parcel upon which the fence is located that abuts public land or streets shall be landscaped with at least one (1) row of trees or evergreen shrubs at least four (4) feet high upon maturity and spaced not more than ten (10) feet apart. These trees or shrubs may be planted in any configuration, which will serve to better buffer the site. iv. In no case will barbed wire or razor wire fencing be permitted in the zoning districts.
(d) Communication Equipment Shelters:
(1) Telecommunications equipment may be housed within existing structures or in new buildings constructed within the buildable area of the site.
(2) Communication equipment shelters up to a maximum of eleven (11) feet in height and four hundred (400) square feet in area shall be permitted on rooftops.
City of Kenner XII-281 Article XII Unified Development Code Supplementary Use and Performance Standards (3) Communication equipment shelters shall be subject to local, state, and federal safety standards to protect adjacent land uses.
(4) In no case shall associated support buildings be considered accessory structures or buildings.
(5) Platforms are permitted and excluded from this criterion.
(6) Structural integrity: Telecommunications and cellular transmission towers shall be certified by an engineer to withstand a minimum wind load of one hundred five (105) mph and a maximum gust load of two hundred (200) mph. The monopole telecommunications transmission tower and any proposed transmission equipment must be certified to meet any structural standards for steel antenna towers and support structures set in the Electronic Industries Association/Telecommunications Association Standards referenced as EIA/TTA-222-E and as amended hereafter.
(7) Visual Impact Mitigation:
a. Color: The monopole telecommunications transmission tower or antenna shall be constructed of a material with a neutral color and shall be designed to blend in with the surrounding landscape and uses. b. Lighting: When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, it shall be orientated inward so as not to project onto surrounding property. c. Design: The design criteria for monopole telecommunications transmission towers and related communication equipment shelters shall follow the provisions outlined above in subsection (c)(6)a., General Design Standards. The monopole telecommunications transmission towers shall be of a stealth or camouflaged design in order to blend in with surrounding landscape and uses. (8) Time limit on project completion: Once a monopole telecommunications transmission tower or antenna is approved, the building permit shall be obtained within six (6) months and the project shall be completed within one (1) year. Extensions may be granted upon request, proper notification, and review of extension request. (9) All obsolete or unused facilities and structures must be removed within twelve (12) months of cessation of operation at the site. Written notification of the cessation of operation at the site shall be provided to the Department of Inspections and Code Enforcement by the operator of the site within ninety (90) days of the cessation of operation.
(e) Criteria for Standard Telecommunications Installations: The following criteria shall apply to telecommunications transmission towers, monopoles, masts, aerials, antennas, and related communication equipment shelters:
City of Kenner XII-282 Article XII Unified Development Code Supplementary Use and Performance Standards (1) Distance requirements to residential development. The distance from the base of the telecommunications transmission towers, monopoles, masts, aerials, and/or antennas to the nearest property line of any residential use shall not be less than the height of the telecommunications structure from the top of the telecommunications structure to grade. (2) Fences and Landscaping: a. Existing on-site vegetation shall be preserved to the maximum extent practicable. b. Solid walls or fences constructed of wood, brick, masonry or a combination thereof shall be used to secure the site and screen the site from public view. c. All walls or fences shall be used in conjunction with landscaping. The portion of the telecommunications site or that portion of a parcel upon which the fence is located that abuts public land or streets shall be landscaped with at least one (1) row of trees or evergreen shrubs at least four (4) feet high upon maturity and spaced not more than ten (10) feet apart. These trees or shrubs may be planted in any configuration, which will serve to better buffer the site. (3) Visual Impact Mitigation: a. Color. Telecommunications transmission towers, monopoles, masts, aerials and/or antennas shall be constructed of a material with a neutral color designed to blend in with surrounding land uses. b. Lighting. Dual lighting shall be employed on telecommunications transmission towers, monopoles, masts, aerials and/or antennas when lighting is required and as permitted by the Federal Aviation Administration (FAA) or other federal or state authority. For the purposes of this ordinance and to minimize intrusion into other areas, dual lighting shall be considered as strobe lighting during the day light hours and red lighting at night. (4) Communication Equipment Shelters and Platforms: a. Telecommunications equipment may be housed within existing structures or in new buildings constructed within the buildable area of the site. b. Communication equipment shelters up to a maximum of eleven (11) feet in height and four hundred (400) square feet in area shall be permitted on rooftops. c. Communication equipment shelters shall be subject to local, state, and federal safety standards to protect adjacent land uses. d. In no case shall associated support buildings be considered accessory structures or buildings. e. Platforms used to house telecommunications equipment shall be excluded from the above criteria. (5) Structural Integrity: Telecommunications and cellular transmission towers shall be certified by an engineer to withstand a minimum wind load of one hundred five (105) mph and a maximum gust load of two hundred (200) mph. The monopole
City of Kenner XII-283 Article XII Unified Development Code Supplementary Use and Performance Standards telecommunications transmission tower and any proposed transmission equipment must be certified to meet any structural standards for steel antenna towers and support structures set in the Electronic Industries Association/Telecommunications Association Standards referenced as EIA/TTA-222-E and as amended hereafter. (6) Guy anchors: a. Where a telecommunications tower is guyed, the exposed, above ground portion of the guy anchors shall be no less than five (5) feet from the nearest property line. b. For rooftop telecommunications towers, all guy wire anchors shall be positioned on top of the roof of the building upon which the transmission towers, masts, aerials and/or antennas are located. (7) Density Requirements. No more than one (1) site for telecommunications transmission towers, masts, monopole telecommunications transmission towers, and aerials and/or antennas of a monopole design shall be permitted within any given five hundred (500) foot radius. (f) Amateur radio operators: Operators of amateur radios licensed under Part 97 of the Federal Communications Commission regulations are specifically excluded from the requirements of this Article.
City of Kenner XII-284 Article XII Unified Development Code Supplementary Use and Performance Standards Article XIII. Subdivision Regulations
Section 13.01 Definitions
For the purpose of this chapter, certain terms and words as used herein as defined as follows:
(a) Subdivision means the division of a lot, tract, or parcel of land into two (2) or more lots, plots, parcels, or building sites, for the purpose of sale or of building development, either immediate or future. It also includes the resubdivision or arrangement of one or more lots, plots, parcels, or building sites.
(b) Street, avenue, road or any other similar designation all mean the same for the general purpose of this chapter.
(c) Alley, service way or any other similar designation all mean the same for the general purpose of this chapter.
(d) Simple resubdivision means a subdivision involving resubdivision of a previously recorded plan which does not involve any new street or easement of access or the extension or creation of any public improvements, which does not adversely affect the development of the remainder of the parcel or adjoining property, and which is not in conflict with any provisions of this Article or the Unified Development Code and subdivision regulations.
Section 13.02 Preliminary Subdivision Plan
(a) In seeking to subdivide land into lots or building sites, or to dedicate streets, alleys, or land for other public use, the owner shall submit a copy or print of a preliminary sketch plan to the Council of the City of Kenner before submission of the final plan. The preliminary plan shall be drawn to scale not over fifty (50) feet to the inch and shall show:
(1) The flood zone in which said proposed plan is situated in accordance to flood maps prepared by the Federal Emergency Management Agency (FEMA).
(2) The location of all existing property lines, north point, scale, streets, alleys, buildings, water courses, sewer mains, water mains, gas mains, culverts and other underground structures, easements and other existing features within the area to be subdivided and all tie-ins in the adjoining or abutting streets or alleys.
(3) The names of all adjoining subdivisions.
(4) The proposed locations and width of all streets, alleys, and lots.
City of Kenner XIII-285 Article XII Unified Development Code Subdivision Regulations (5) The title under which the proposed subdivision is to be recorded, the name of the owner, and name of the surveyor plotting the tract.
(6) The Council of the City of Kenner may require a contour map, or certain elevation databased upon the official datum.
(b) The Council of the City of Kenner shall either approve or conditionally approve, or shall disapprove such preliminary plan within sixty (60) days after its submission.
(c) If the plan is conditionally approved, the condition of approval shall contain the following requirements:
(1) That any changes the Council of the City of Kenner deems necessary (in order that the subdivision conforms to these regulations) be made.
(2) That the proper final plans be submitted complying with the provisions herein set forth for the final plans.
Section 13.03 Final Subdivision Plan
The final plan shall be submitted to the Council of the City of Kenner. This plan shall be filed and shall show the following:
(a) Flood measures taken to minimize flood damage in flood hazard zones.
(b) The title under which the subdivision is to be recorded, the name of the owner, and the name of the surveyor responsible for the plan; north point and scale.
(c) The boundaries of the property, the lines of all streets and alleys with their widths and names, and other portions intended to be dedicated to public use. In case of branching streets or alleys, the angle of departure from one street or alley to another shall be indicated, angles of ninety (90) or one hundred eighty (180) degrees need not be shown, but all other angles must be indicated in the proper locations.
(d) The lines of the adjoining streets and alleys with their widths and names.
(e) All lots, lines, lot numbers, or letters in resubdivision and utility easements shall be shown and determined by measurements. Where there is no alley dedication, a utility easement having a minimum width of five (5) feet shall be granted and shown across the rear of all lots and at such other locations, as the Council of the City of Kenner deems necessary.
(f) All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision in relation to some section, quarter section or other established corner and line must be shown in order to show the relation of the subdivision boundaries to the section lines, or to another established corner and acceptable line.
City of Kenner XIII-286 Article XII Unified Development Code Subdivision Regulations
(g) All dimensions both linear and angular of the streets, alleys, lots, utility easements or other tracts or areas shall be shown.
(h) Radii, arcs, and chords, points of tangency and central angles for all curves and rounded corners.
(i) Location and description of all monuments. A suitable permanent monument of stone, iron or concrete shall be located at all corners, and at all angle points on the subdivision boundaries. All streets, alleys, lots or other tract corners, intersections and angle points shall be marked with iron pipe or other suitable monument.
(j) Any restrictive covenants to apply to lots in the subdivision shall be printed on the subdivision plot or plan for recording in the office of the clerk and recorder of Jefferson Parish, Louisiana.
(k) That the surveyor preparing the map or plot is licensed and registered in the State of Louisiana.
(l) A dedication form to be signed by the owner or owners, and the mortgagee or mortgagees, in the presence of a notary public.
(m) A printed signature block for the approval of the Council of the City of Kenner.
(n) The map or plan shall not show any tract, area, strip or any other portion of land as "Reserve" or "Reserved" all areas shall be designated by number or letter and no blank area shall be shown on the map or plot.
(o) When the area subdivided into lots, plots or building sites lies at such a low elevation that it has been, within the past twenty (20) years, inundated or overflowed by rain or storm waters, a statement shall be printed on the subdivision map or plat setting forth these facts, and should the elevations of the land be variable, the portions that have been overflowed shall be indicated on said map or plot.
Section 13.04 Approval of and Fee for Resubdivision
An application for a simple resubdivision shall be submitted directly to the Kenner Planning Director for review. The planning Director and staff will make a determination as to whether a proposed subdivision meets the definition of a simple subdivision. The Kenner Planning Director is authorized to administratively approve simple resubdivisions.
Section 13.05 Acre or Large Tract Subdivisions
Where the area is divided into larger tracts than for normal building sites and in the opinion of the City Council any or all of the tracts are susceptible to being resubdivided, the street and lot arrangement of the original subdivision shall be such that the alignment of future street dedications may conform to the general street layout in the surrounding area.
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Section 13.06 Relation to Adjoining Streets
(a) The arrangement of streets in new subdivisions shall provide for the continuation of existing streets in adjoining subdivisions (or other proper projections where adjoining property is not subdivided) insofar as they may be necessary for public requirements.
(b) The width of such streets in new subdivisions shall not be less than minimum width herein established. The street and alley arrangement shall be such as to cause no undue hardship to owners of adjoining property.
(c) Whenever there exists a dedicated or platted half-street or alley adjacent to the tract to be subdivided, the other half of the street or alley shall be dedicated. All streets approximately in alignment with existing streets shall bear the names of the existing streets. All other streets shall be assigned names, which do not conflict with names of existing streets.
Section 13.07 Street and Alley Widths
The minimum width for major streets shall be as required by the major street plan for the City of Kenner.
Section 13.08 Blocks
When a dead-end street or alley is necessary to serve a certain irregular area, due to size, shape, or topography of said area, the closed end shall provide a turning loop having a minimum inside radius of fifty (50) feet for a street and twenty (20) feet for an alley.
Section 13.09 Lots
(a) All lots, plots, or building sites in any original subdivision shall be numbered consecutively from one to the total number of lots in the subdivision. The elimination of block numbers or letters is desired. All lots, plots, or building sites in any resubdivision shall be lettered a, b, c, etc.
(b) In any subdivision that is laid out and developed in units of First and Second filing, etc., the lots shall again be numbered consecutively, not duplicating any lot numbers in previous units of filings.
(c) All lots, plots, or building sites shall front upon a dedicated street with a minimum frontage of fifty (50) feet and a depth of one hundred (100) feet.
Section 13.10 Improvements
Upon receiving conditional approval of the preliminary plan by the Council of the City of Kenner, the owner or subdivider shall have the final plan prepared, containing the changes or additions ordered by
City of Kenner XIII-288 Article XII Unified Development Code Subdivision Regulations the Council of the City of Kenner, and conforming to these regulations. The Mayor shall execute the form showing the approval by the Council on condition that the owners enter into an agreement with and satisfactory to the Council of the City of Kenner relative to the improvement of all streets and alleys involved, and to the necessary drainage of the property.
Section 13.11 Approval Conditions
Before approval and acceptance of the plan by the Council, an agreement shall be entered into which shall require, subject to such additional terms and conditions, and such modifications as the Council shall approve, the following:
(a) The owner or subdivider shall construct the necessary facilities as determined by the City of Kenner Councilmen for adequate drainage of the area being subdivided, with permanent drainage structures under all streets and alleys, and all drainage structures shall be constructed in accordance with plans and specifications approved by the Parish of Jefferson and the Mayor and Councilmen of the City of Kenner.
(b) The owner or subdivider shall grade all the streets and alleys to the grade indicated by the engineer as the future established grade. All grading shall be done in compliance with the specifications of the Department of Public Works.
(c) The owner shall provide hard surfacing to all streets to specifications on file in the Department of Public Works office, and shall also provide public utilities when available, or shall have given such assurance that these improvements will be made as will be satisfactory to the Councilmen of the City of Kenner.
(d) All roadwork and drainage construction must be approved by the designated engineer. It shall be the duty of the engineer to see that all grade lines and elevations are set properly. For this service, the engineer shall charge a fee for said work.
(e) Other than the grading, graveling and construction of drainage structures required under this chapter, no person, firm, or corporation shall do any work without the approval of the City Council.
(f) After subdivisions are accepted and dedicated by ordinance of the City Council, it is the duty of the subdivider to notify the City Council when the streets are in proper condition and for inspection by the engineer. No streets shall be accepted for maintenance by the City Council until such an inspection has been made by the engineer and he has given his approval and recommendation in writing. In cases where the engineer has been notified to make an inspection of certain streets and he finds that they are not properly surfaced as set forth in subparagraph (c) of this section, then the engineer is authorized to charge a reasonable inspection fee for each additional inspection required.
(g) That all streets to be hereafter dedicated to public use by any person, firm, or corporation, laying out any subdivision be in accordance with this chapter. Such person, firm, or corporation shall submit to the City Council an ordinance, which shall name the street or street widths, locations and it, shall be accompanied by a map showing the location, width, etc.
City of Kenner XIII-289 Article XII Unified Development Code Subdivision Regulations (h) That the ordinance dedicating said streets to public use may be included in the ordinance subdividing the property or it may be done by separate ordinance, which shall be optional with the board.
(i) That all ordinances providing for the subdivision of tracts of land, into lots, plots or building sites, setting out streets and ordinances dedicating streets to public use, shall be registered in the conveyance office of the Parish of Jefferson, at the expense of the landowners or parties dedicating said streets to public use.
(j) All public utilities facilities to be provided in said subdivision shall be approved by the Council, commission or corporation charged with the responsibility for maintaining said facilities.
(k) Sanitary sewers. If the closest boundary of the subdivision is located within three hundred (300) feet of an existing sanitary sewer main, connection must be made, otherwise other methods of disposal of domestic sewage may be resorted to, subject to the laws prevailing, whether City, parish or state.
(l) Information concerning this utility must be secured and agreed upon prior to final adoption of the subdivision.
(m) That all owners or subdividers dedicating streets to public use shall improve such streets and shall provide all other necessary off-site improvements such as sewer, water and drainage in compliance with the specifications of the department of public works or the Parish of Jefferson, or both, depending upon who has jurisdiction. The owners or subdividers shall furnish the Council, through the planning department, a surety bond in such value as is deemed adequate to cover all work required to be done in said subdivision by the Council, such value or amount to be determined by the City's engineer; and that a reasonable length of time be set for the completion of all work in the subdivision, after which time the developer will forfeit his surety bond if work is not satisfactorily completed.
Section 13.12 Protection of Utilities from Excessive Exposure to Flooding
Protection of all public and private utilities to include water, sewer, etc., above or below grade from excessive exposure to flooding shall be provided. All modern means of materials and workmanship shall be required to prevent infiltration level in excess of E.P.A. requirement in flood hazard areas as well as all areas of the City.
Section 13.13 Variations and Exceptions
The Council of the City reserves the right to consider modifications of the requirements of this chapter, when it is clearly evident that an extraordinary condition exists that would make it impractical and not feasible to comply with all the requirements of this chapter.
City of Kenner XIII-290 Article XII Unified Development Code Subdivision Regulations Section 13.14 Enforcement
(a) The sale of property to be used as lots, plots, or building sites only by metes and bounds description shall be presumed to be an attempt to evade these regulations, and such instrument shall not be eligible for filing and recording in the office of the clerk and recorder and the accessor's office of Jefferson Parish, Louisiana.
(b) No plan, map, or plat of any subdivision of land shall be filed and recorded in the office of the clerk and recorder and the assessor's office of Jefferson Parish, Louisiana, until such plan, map, or plat has been accepted by the Council and the endorsements of such action by the Council shown on the original plan, map, or plat.
(c) No street number and no building permit shall be issued for the erection of any building in the above limits or any piece of property other than on an original or resubdivided lot in a duly approved and recorded subdivision without the written approval of the Council or its authorized representative.
(d) No sewer, water or gas main or pipe, or other public utility improvement shall be made nor shall any public money be expended within the lands laid out in building lots, streets or alleys, where the improvements are for the benefit of such lands until the plan, plot, or replot of such land shall have been accepted by the City Council and recorded in the office of the clerk and recorder and the accessor's office of Jefferson Parish, Louisiana.
(e) The approved and accepted map, plan, or plot of any subdivision shall be recorded in the office of the clerk and recorder and the accessor's office in Jefferson Parish, Louisiana, within thirty (30) days from the date of approval and acceptance of the City Council or said approval and acceptance shall be void.
(f) It shall be illegal to sell by lot and block where plan or plat has not been accepted by the City of Kenner Council.
(g) No subdivision request will be processed until the City Finance Department's certificate of clearance is submitted to the Planning and Zoning Department indicating all City liens or taxes against the property proposed for subdivision have been satisfied.
Section 13.15 Violation and Penalty
Any person, partnership, or corporation who violates any of the provisions of this chapter or aids or abets in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and shall be punishable by a fine of not exceeding one hundred dollars ($100.00) or imprisonment for not less than thirty (30) days, or both. Each day that a violation is permitted to exist shall constitute a separate offense.
City of Kenner XIII-291 Article XII Unified Development Code Subdivision Regulations Section 13.16 Conflicting Provisions Repealed
All ordinances or parts of ordinances in conflict with any of the provisions of this chapter are hereby repealed.
Section 13.17 Validity
If any section, clause, paragraph, provision or portion of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, paragraph, provision or portion of this chapter, the City Council hereby expressly declaring that it would have passed the remaining portions of this chapter with the invalid portions omitted.
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Article XIV. Nonconforming Uses
Section 14.01 Purpose
The purpose of nonconforming use regulations is to allow nonconforming uses while upholding the integrity of the district regulations described in this ordinance by carefully guiding nonconforming uses to have as little negative impact on conforming uses as possible.
Section 14.02 Continuance
Any lawful structure, building permit issue, or use existing on or prior to the date of adoption of this ordinance; or whenever a district shall be changed by amendment to this ordinance; may be continued even though such building, structure, or use does not conform to the regulations of the district in which it is located.
Section 14.03 Extensions, Additions, and Enlargements
No extensions, additions, or enlargements shall be permitted to any legal nonconforming use, except as provided for in Article VI, Zoning. Nothing in this section shall be interpreted to exclude routine maintenance, repair, or renovation, which does not extend, increase, or enlarge the nonconforming structure, building, or use.
(a) Nonconforming Uses in Residential Zoning Districts:
For the purposes of protecting the integrity of residential neighborhoods, no extensions, additions or enlargements shall be permitted to any legal nonconforming use, structure, or building located within the following zoning districts: R-1, R-1A, and RR-1, Single-family Residential; R-2, Two-family Residential; R-3, Three and Four-family Residential; and R-M, Multi-family Residential.
(b) Nonconforming Uses in Nonresidential Zoning Districts:
A legally nonconforming nonresidential commercial or industrial structure not located in a residential district may be permitted an addition provided:
(1) The total addition shall not exceed twenty-five percent (25%) of the total area of the original structure;
(2) The proposed addition shall not infringe on the side, front, and rear yard requirements for the district in which the nonconforming use is located;
(3) The applicant shall obtain a building permit for the addition within one (1) year from the effective date of the ordinance approved by the Council;
(4) Approval of the Kenner City Council is obtained after proper application initiated with the Planning and Zoning Department in accordance with provisions set in Article VI, Zoning.
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(5) If visibility of an off-premises sign message is obscured by the elevation of a roadway or similar public works project, an addition to height may be permitted provided the extension is limited to the minimum increase in sign height that allows the message to be visible. The requirements of paragraphs (a) and (b) above shall not apply but the requirements of paragraphs (c) and (d) above shall apply.
Section 14.04 Change in Use
(a) Residential Districts:
For the purposes of protecting the integrity of residential neighborhoods, no change in use from one (1) nonconforming use to another nonconforming use shall be permitted in any residential zoning district.
(b) Nonresidential Districts:
A nonconforming use may be changed to a similar and/or more restrictive nonconforming use in any nonresidential zoning district in accordance with the regulations of the district in which it is located. A nonconforming use shall be considered similar or more restrictive if the following conditions related to the intensity of the use or public safety are met:
(1) Off-street parking requirements are not increased;
(2) Required height and area requirements are not changed;
(3) Service areas, including loading and unloading areas, are not increased, and a wood, brick or masonry fence a minimum height of seven (7) feet is installed between the service area of the nonconforming use and any abutting residential development or residential zoning district;
(4) The change in use is not likely to produce additional smoke, noise, vibration, toxic matter or fire and explosive hazards over the use previously situated on the site;
(5) Existing signs identifying the nonconforming use may be maintained, or the sign face replaced, provided that the area of the sign is reduced or equivalent to the existing sign size. All new signs shall be in conformance with the regulations of the district the proposed use is located;
(6) The issuance of an alcoholic beverage permit shall be considered an intensification of the land use and a less restrictive condition. A change in nonconforming use may be allowed for an alcoholic beverage permit, only if the previous use had been issued an alcoholic beverage permit;
(7) The hours of operation of the nonconforming use cannot be expanded;
(8) All City codes are met relative to any site changes necessary in the change to a similar or more restrictive use.
(c) In no case shall a nonconforming use be changed to a less restrictive use or to a use of a less restrictive zoning district.
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(d) Once a nonconforming use is changed to a conforming use, the nonconforming use shall not be reestablished.
Section 14.05 Change in Occupancy
A change in occupancy of a nonconforming use shall be permitted provided the regulations in Section 14.04, Change in Use are met.
Section 14.06 Restoration of Nonconforming Uses
(1) Partial destruction and restoration: A nonconforming use, structure, or building may be restored after destruction by Act of God, war, or other local catastrophe if so destroyed to no more than seventy-five (75) percent of its value as determined by the assessor of this parish for current tax purposes; and only if a permit to restore the use, structure, or building is obtained within the one (1) year immediately following the date of said destruction.
(2) Total destruction: If the structure, building, or use is destroyed beyond seventy-five percent (75%) of its value or more, as defined in this subsection, then for the purposes of this section the nonconforming use, structure or building shall be deemed totally destroyed, and the nonconforming status shall terminate as of the date of such destruction.
(3) Appeal of termination of nonconforming status: The owner of any structure totally destroyed as defined in subsection (b) above may appeal by petitioning the City of Kenner Council through the City of Kenner Planning Department and in accordance with provisions set in this Article, to restore the nonconforming status of the structure or use. The Kenner City Council may approve the restoration provided the following criteria are met:
(1) The nonconforming structure or 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 the property is located;
(2) The nonconforming structure or use shall not contribute substantially to increasing congestion of streets or create a traffic hazard;
(3) The proper number of parking and loading spaces as required by the ordinance is provided for the use or structure to the maximum extent possible;
(4) The existing drainage, sewerage and street systems are not overburdened and the necessary improvements are provided to accommodate the use or structure;
(5) The nonconforming structure shall be compatible with surrounding development within three hundred (300) feet in that the same or similar exterior finish, roof materials and roof lines are used;
(6) Sufficient buffers to protect conforming uses are provided in accordance with the following requirements and subject to existing space limitation:
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a. Perimeter of a lot abutting residential property:
i. On the perimeter of a lot abutting residential land use, a continuous barrier is required for the purpose of buffering loading, unloading, and other service areas, garbage and trash receptacles, and off-street parking or other vehicular use areas exposed to abutting property.
ii. The barrier shall be an opaque fence or living fence, a berm, or any combination thereof with a minimum height of seven (7) feet. If the barrier includes use of plant materials, such materials shall be planted in a strip of not less than five (5) feet in width.
b. Tree provisions: For each thirty-five (35) feet of the required barrier or fraction thereof, one (1) tree shall be provided. Each tree shall be planted in at least a twenty-five-foot square planting area. Each such planting area for trees shall be landscaped with grass, ground cover or other landscaping.
c. Perimeter of a lot abutting nonresidential property: If the abutting lot contains nonresidential land uses, only the tree provision, referenced in paragraph (6)b. above, shall be required.
d. Existing barrier: If the perimeter of a lot abuts an existing barrier, the existing barrier may be used to satisfy the landscape barrier requirements listed above, provided that the existing barrier meets all applicable standards set forth herein.
e. Parking:
i. All vehicular use areas including parking lots shall be buffered from view from public rights-of-way by a barrier with a minimum height of thirty (30) inches, consisting of an earth berm, hedge, wall, or any combination thereof.
ii. All vehicular use areas, including parking spaces, drives, and service drives shall consist of hard-surface material.
f. The buffer standards contained within this subsection shall not apply to nonconforming single-family and two-family dwellings.
g. All applicable City, state, and federal codes shall be met.
h. The applicant shall have one (1) year to obtain a building permit to restore the structure, building, or use from the effective date of this ordinance approved by the Council.
Section 14.07 Vacancy of a Nonconforming Structure
The discontinuance or suspension of a nonconforming use or associated activity for any reason shall constitute vacancy of a nonconforming structure, regardless of the intent of the owner or lessee of the premises to continue City of Kenner XIV-296 Article XIV Unified Development Code Nonconforming Uses such nonconforming use or associated activity. Vacancy of a nonconforming for a period of one (1) year shall terminate the nonconforming use.
Section 14.08 Limitation of Nonconforming Use of Land
Where a portion of the property occupied by a nonconforming structure is used as nonconforming, but the use does not include the entire lot or parcel, the portion not used shall not be deemed to be nonconforming and said use may not be extended.
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Article XV. Hazard Aerial Zoning
Section 15.01 Definitions
As used in this Article the following words, terms, and phrases shall have the meanings herein ascribed to them:
(1) Airport: The Louis Armstrong New Orleans International Airport.
(2) Airport elevation: The highest point of the airport's usable landing area measured in feet from mean sea level (MSL).
(3) Approach surface: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 15.03 of this Article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
(4) Approach, transitional, horizontal, and conical zones: These zones are set forth in Section 15.02 of this Article.
(5) Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of four thousand (4,000) feet.
(6) Director of aviation: The Director of aviation for the Louis Armstrong New Orleans International Airport (LANOIA) or the official representative appointed by the New Orleans Aviation Board (NOAB).
(7) Hazard to air navigation: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
(8) Height: For the purposes of determining the height limitations in all zones set forth in this Article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
(9) Horizontal surface: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
(10) Larger than utility runway: A runway that is constructed for and intended to be used by propeller- driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight and jet-powered aircraft.
(11) Nonconforming use: Any preexisting structure, object of natural growth or use of land, which is inconsistent with the provisions of this Article or an amendment thereto.
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(12) Non-precision instrument runaway: A runaway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
(13) Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 15.03 of this Article.
(14) Person: An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of them.
(15) Precision instrument runway: A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
(16) Primary surface: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; for military runways or when the runway has no specially prepared surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Section 15.02 of this Article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
(17) Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length.
(18) Structure: An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
(19) Transitional surfaces: These surfaces extend outward at ninety-degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway centerline.
(20) Tree: Any object of natural growth.
(21) Utility runway: A runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
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(22) Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures.
Section 15.02 Airport Zones
In order to carry out the provisions of this Article, there are hereby created and established certain zones, which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the LANOIA. Such zones are shown on the Louis Armstrong New Orleans International Airport Zoning map prepared by VTN Louisiana, Inc., and dated December 15, 1979. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(a) Utility runway visual approach zones: The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of twelve hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(b) Utility runway nonprecision instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of two thousand (2,000) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(c) Runway larger than utility visual approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of fifteen hundred (1,500) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(d) Runway larger than utility with a visibility minimum, greater than three-quarter mile nonprecision instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of thirty-five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(e) Runway larger than utility with a visibility minimum, as low as three-quarter mile nonprecision instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of four thousand (4,000) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(f) Precision instrument runway approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(g) Transitional zones: The transitional zones are the areas beneath the transitional surfaces.
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(h) Horizontal zone: The horizontal zone is established by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(i) Conical zone: The conical zone is established as the area that commences at the periphery of the horizontal zones and extends outwards therefrom a horizontal distance of four thousand (4,000) feet.
Section 15.03 Airport Zone Height Limitations
Except as otherwise provided in this Article, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this Article to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(a) Utility runway visual approach zone: Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.
(b) Utility runway nonprecision instrument approach zone: Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.
(c) Runway larger than utility visual approach zone: Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.
(d) Runway larger than utility with a visibility minimum, greater than three-quarter mile nonprecision instrument approach zone: Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extended to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline.
(e) Runway larger than utility with a visibility minimum, as low as three-quarter mile nonprecision instrument approach zone: Slopes thirty-four (34) feet for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline.
(f) Precision instrument runway approach zone: Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline; thence, slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended runway centerline.
(g) Transitional zones: Slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet above the airport elevation, which is one hundred fifty-four (154) feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward City of Kenner XV-301 Article XIV Unified Development Code Hazard Aerial Zoning
beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of five thousand (5,000) feet measured at ninety (90) degree angles to the extended runway centerline.
(h) Horizontal zone: Established at one hundred fifty (150) feet above the airport elevation or at a height of one hundred fifty-four (154) feet above mean sea level.
(i) Conical zone: Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation.
(j) Accepted height limitations: Nothing in this Article shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to fifty (50) feet above the surface of the land. Section 15.04 Use Restrictions
Notwithstanding any other provisions of this Article, no use may be made of land or water within any zone established by this Article in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
Section 15.05 Nonconforming Uses
(a) Regulations not retroactive: The regulations prescribed by this Article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Article, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Article, and is diligently prosecuted.
(b) Marking and lighting: Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Director of aviation to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the New Orleans Aviation Board.
Section 15.06 Permits
(a) Future Uses:
(1) Except as specifically provided in (a), (b) and (c) hereunder, no structure shall be erected or otherwise established, unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient
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particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed.
(2) If such determination is in the affirmative, the permit shall be granted. No permit for a use (as outlined in Section 15.04 inconsistent with the provisions of this Article shall be granted.
a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
b. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than forty-two hundred (4200) feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.
(3) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this ordinance except as set forth in Section 15.03.
(b) Existing Uses:
No permit shall be granted that would allow the establishment or creation of any obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Article or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(c) Nonconforming uses abandoned or destroyed:
Whenever a nonconforming tree or structure has been abandoned or more than eighty percent (80%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
Section 15.07 Penalties
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Each violation of this Article or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable by a fine of not more than two hundred dollars ($200.00) or imprisonment for not more than thirty (30) days or both; and each day a violation continues to exist shall constitute a separate offense.
Section 15.08 Conflicting Regulations
Where there exists a conflict between any of the regulations or limitations prescribed in this Article and any other regulations applicable to the same area, whether the conflict is with respect to the height of structure or trees, and the use, the more stringent limitation or requirement shall govern and prevail.
Section 15.09 Severability
If any of the provisions of this Article or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Article, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.
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Article XVI. Appendix
Section 16.01 Fee Schedule
The City Council shall establish a schedule of fees, charges, and expenses for applications for permits and certificates, amendments, appeals and other matters related to this chapter. Until all applicable fees, charges, and expenses have been paid, no action shall be taken on any application or appeal. All fees shall be made payable to the City of Kenner. The fee schedule is hereby established as follows:
Application Description Filling Fee Alley, Street Closing, Revocation $300 Alienation $200 for first acre, $100 per every acre thereafter not to exceed $5,000 Amusement Centers $300 Board of Zoning Adjustments $150 Child Care Centers $300 City Maps 24” x 36”: $12 per page Comprehensive Plan Text $500 Amendment Conditional Use $300 for first two acres, $175 per acre thereafter not to exceed $6,000. Conditional Use Amendment Major: $300 Minor: $100 General Advertising Sign $300 Hazardous & Obnoxious Use $500 for first two acres, $100 per acre thereafter. Planned Unit Development $300 for first two acres, $175 (PUD) per acre thereafter not to exceed $6,000. Planned Unit Development Major: $300 Amendment Minor: $100 Resubdivision (Lot $200 Consolidation) Research/Zoning Interpretation $50 per hour R1 -P (Planned Unit $300 for first two acres, $175 Development) per acre thereafter not to exceed $6,000. Rivertown Historic Design $300 Commission
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Site Plan Review (No Application $100 Submittal) Street Name Change $300 Subdivision Base fee of $200 plus $25 per lot Tax Research Fee for $20 per property assessment Resubdivisions Unified Development Code i. Text Change $100 per change ii. Changing Official $200 for first acre and $50 for Zoning Map every acre there after not to exceed $5000
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